sdj-22nd day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-SECOND DAY
____________

Charleston, W. Va., Wednesday, February 1, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ellen File, The Beckley Center of Burlington United Methodist Family Services, Beckley, West Virginia.
Pending the reading of the Journal of Tuesday, January 31, 2006,
On motion of Senator Barnes, 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 adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 21--Recognizing the month of January as Cervical Cancer Month and encouraging women to take advantage of the services available to screen for breast and cervical cancer.
Whereas, In West Virginia many women have inadequate access to and the financial resources to obtain breast and cervical cancer screening and detection services, including women who lack health insurance or whose health insurance coverage does not provide for breast and cervical cancer screening; and
Whereas, As legislators, family members, parents, neighbors and communities, it is all of our responsibility to find ways to reduce the incidence of mortality caused by breast and cervical cancer by ensuring all women access to breast and cervical cancer screening; and
Whereas, The incidence of breast and cervical cancer in West Virginia in 2005 was 12.2 people for every 100,000 residents which represented an increase from the previous year; and
Whereas, The mortality rate was 3.1 deaths per 100,000 residents from breast and cervical cancer is higher than the national average; and
Whereas, The cervical cancer screening rate was 82.5 percent last year and can be improved; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature hereby declares January as Breast and Cervical Cancer Month in West Virginia and encourages all women in this state to take advantage of the services available to screen for breast and cervical cancer; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the Governor.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 107, Relating to venue for suits against state involving motor vehicle accidents.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 107 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §14-2-2 of the Code of West Virginia, 1931, as amended, relating to venue in actions and proceedings against the state; and authorizing civil actions against the state to be filed in the county in which the cause of action arose where the recovery being sought is limited to the coverage available under the state's liability insurance policy.
And,
Senate Bill No. 114, Relating to teen court programs fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 114 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to teen court programs; and allowing county commissions and city councils to assess fees of up to five dollars on persons convicted of felonies, misdemeanors or municipal ordinances to fund teen courts.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bills (Com. Sub. for S. B. Nos. 107 and 114), under the original double committee references, were 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. 230, Limiting payment of outside medical care services for inmates.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 310, Authorizing Department of Environmental Protection promulgate legislative rule relating to Nitrogen Oxide Budget Trading Program as means of control and reduction of nitrogen oxides from nonelectric generating units as means to mitigate transport of ozone precursors.
Senate Bill No. 316, Authorizing Department of Environmental Protection promulgate legislative rule relating to Mercury Budget Trading Program to reduce mercury emissions.
Senate Bill No. 317, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of annual nitrogen oxide emissions to mitigate interstate transport of fine particulate matter and nitrogen oxides.
Senate Bill No. 318, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of ozone season nitrogen oxide emissions to mitigate interstate transport of ozone and nitrogen oxides.
And,
Senate Bill No. 323, Authorizing Department of Environmental Protection promulgate legislative rule relating to Environmental Excellence Program.
And reports the same back with the recommendation that they each do pass; but with the recommendation that they first be referred to the Committee on Finance; and then, under the original double committee references, to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
On motion of Senator Sharpe, the bills (S. B. Nos. 310, 316, 317, 318 and 323) contained in the foregoing report from the Committee on Energy, Industry and Mining were referred to the Committee on Finance; and then, under the original double committee references, to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 311, Authorizing Department of Environmental Protection promulgate legislative rule relating to emission standards for hazardous air pollutants pursuant to 40 CFR Part 61.
Senate Bill No. 312, Authorizing Department of Environmental Protection promulgate legislative rule relating to standards of performance for new stationary sources pursuant to 40 CFR Part 60.
Senate Bill No. 313, Authorizing Department of Environmental Protection promulgate legislative rule relating to prevention and control of air pollution from hazardous waste treatment, storage or disposal facilities.
Senate Bill No. 314, Authorizing Department of Environmental Protection promulgate legislative rule relating to acid rain provisions and permits.
Senate Bill No. 315, Authorizing Department of Environmental Protection promulgate legislative rule relating to emission standards for hazardous air pollutants for source categories pursuant to 40 CFR Part 63.
Senate Bill No. 319, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of annual sulfur dioxide emissions to mitigate interstate transport of fine particulate matter and sulfur dioxides.
Senate Bill No. 320, Authorizing Department of Environmental Protection promulgate legislative rule relating to surface mining reclamation.
Senate Bill No. 321, Authorizing Department of Environmental Protection promulgate legislative rule relating to Oil and Gas Conservation Commission.
And,
Senate Bill No. 322, Authorizing Department of Environmental Protection promulgate legislative rule relating to coalbed methane wells.
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 the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 324, Authorizing Department of Environmental Protection promulgate legislative rule relating to solid waste management.
Senate Bill No. 325, Authorizing Department of Environmental Protection promulgate legislative rule relating to hazardous waste management.
And,
Senate Bill No. 327, Authorizing Department of Environmental Protection promulgate legislative rule relating to Community Infrastructure Investment Program.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
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. 344, Authorizing Department of Health and Human Resources promulgate legislative rule relating to Alzheimer's and dementia special care units and programs.
Senate Bill No. 346, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water systems.
Senate Bill No. 348, Authorizing Department of Health and Human Resources promulgate legislative rule relating to fees for permits.
Senate Bill No. 349, Authorizing Department of Health and Human Resources promulgate legislative rule relating to cancer registry.
And,
Senate Bill No. 350, Authorizing Department of Health and Human Resources promulgate legislative rule relating to reportable diseases, events and conditions.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 355, Authorizing Insurance Commissioner promulgate legislative rule relating to licensing and conduct of individual insurance producers, agencies and solicitors.
Senate Bill No. 356, Authorizing Insurance Commissioner promulgate legislative rule relating to West Virginia Essential Property Insurance Association.
Senate Bill No. 358, Authorizing Insurance Commissioner promulgate legislative rule relating to nonrenewal of property insurance policies.
Senate Bill No. 359, Authorizing Insurance Commissioner promulgate legislative rule relating to private passenger automobile and property insurance--biannual rate filing requirements.
And,
Senate Bill No. 360, Authorizing Insurance Commissioner promulgate legislative rule relating to replacement of life insurance policies and annuity contracts.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 357, Authorizing Insurance Commissioner promulgate legislative rule relating to Medicare supplement insurance.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
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. 390, Authorizing Board of Examiners of Psychologists promulgate legislative rule relating to qualifications for licensure as psychologist or school psychologist.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Education; and then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Education; and then to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 4, Requesting Board of Education establish position to oversee school libraries.
And reports the same back with the recommendation it be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4037, Correcting definitions applicable to the assessment of real property.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. H. B. No. 4037) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Tomblin (Mr. President)--30.
The nays were: Barnes, Hunter and Yoder--3.
Absent: McKenzie--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4037) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Barnes--1.
Absent: McKenzie--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4037) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Barnes--1.
Absent: McKenzie--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4037) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate
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 Foster:
Senate Bill No. 445--A Bill to amend and reenact §33-11A-11 of the Code of West Virginia, 1931, as amended, relating to providing notice of availability of owner's title insurance.
Referred to the Committee on Banking and Insurance.
By Senators Sprouse and Love:
Senate Bill No. 446--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to prohibiting cloning human embryos in state medical schools, colleges or universities; and providing for dismissal from employment.
Referred to the Committee on Education; and then to the Committee on Health and Human Resources.
By Senator Sprouse:
Senate Bill No. 447--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that health care providers, health care institutions or health care payers are not required to participate in abortion procedures that violate their respective consciences; providing immunity for health care providers, institutions and payers for refusing to participate in abortion procedures; prohibiting discrimination against health care providers, institutions and payers that refuse to participate in abortion procedures; prohibiting the denial of assistance payments due to a refusal to participate in abortion procedures; and providing civil penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 448--A Bill to amend and reenact §7-18-2 of the Code of West Virginia, 1931, as amended, relating to the hotel occupancy tax generally; and allowing counties to increase the rate of tax imposed to six percent.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Sprouse, Harrison, Yoder and Guills:
Senate Bill No. 449--A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to the elimination of consumers sales and service tax on food and food ingredients intended for human consumption.
Referred to the Committee on Finance.
By Senators Kessler, Dempsey, Hunter and Love:
Senate Bill No. 450--A Bill to amend and reenact §31-20-27 of the Code of West Virginia, 1931, as amended, relating to the Regional Jail and Correctional Facility Authority; defining "nonuniformed employees"; providing correctional officers and nonuniformed employees employed by the authority at regional jails and the Northern Regional Jail and Correctional Facility are covered by civil service.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President), Dempsey, Jenkins, Hunter and Kessler:
Senate Bill No. 451--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1F-1b, relating to tolling any state licensure or registration requirement for persons on active duty in the United States military.
Referred to the Committee on Military; and then to the Committee Finance.
By Senator Facemyer:
Senate Bill No. 452--A Bill to amend and reenact §48-7-107 of the Code of West Virginia, 1931, as amended, relating to providing for the automatic court-ordered transfer of title to marital property upon decree of divorce.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Barnes, Dempsey, Unger, Hunter and Kessler:
Senate Bill No. 453--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f; and to amend said code by adding thereto a new section, designated §9-5-20, all relating to requiring coverage through the Public Employees Insurance Agency and Medicaid for testing for chronic kidney disease; public education of providers on management of chronic kidney disease; and defining diagnostic criteria for chronic kidney disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 454--A Bill to amend and reenact §33-25A-3 of the Code of West Virginia, 1931, as amended, relating to removing the Commissioner of Insurance as the attorney in fact for health maintenance organizations for service of process purposes.
Referred to the Committee on Banking and Insurance.
By Senators Barnes and Bailey:
Senate Bill No. 455--A Bill to amend and reenact §4-1-17 of the Code of West Virginia, 1931, as amended, relating to the prioritization of legislative business and requiring judicial enforcement and honor of its prioritization.
Referred to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 456--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-10-33, relating to crimes against public policy generally; prohibiting human and embryonic cloning; and prescribing criminal penalties for violations of said section.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Hunter, Foster, McCabe and Deem:
Senate Bill No. 457--A Bill to amend the Code of West Virginia, 1931 as amended, by adding thereto a new article, designated §47-7-1, §47-7-2 and §47-7-3, all relating to the Payday Lending Act.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Barnes, Hunter, Foster, Lanham, Weeks, Dempsey, Jenkins, Unger, Love and Kessler:
Senate Bill No. 458--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; and providing a one-time supplement for annuitants and survivor beneficiaries after being retired five consecutive years.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bailey, McCabe, Chafin, Unger, Minard, Dempsey, Hunter, Edgell, Barnes, Foster, Jenkins and Kessler:
Senate Bill No. 459--A Bill to amend and reenact §21-5C-2 of the Code of West Virginia, 1931, as amended, relating to raising the minimum wage in West Virginia.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Bailey, Barnes, Guills, Hunter, Dempsey, Foster, Jenkins, Minear, Unger, Bowman, Love and Kessler:
Senate Bill No. 460--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, §15-13-10 and §15-13-11, 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.
Senators Boley, Dempsey, Foster, Jenkins, Minear, McCabe, Oliverio, Unger, Hunter and Kessler offered the following resolution:
Senate Concurrent Resolution No. 32--Designating February 3, 2006, as "Go Red for Women Day".
Whereas, Cardiovascular disease is West Virginia's leading cause of death and stroke is the third leading cause of death; and
Whereas, Cardiovascular disease claims the lives of more than half a million American women each year; and
Whereas, Coronary heart disease rates in women after menopause are two to three times higher than those of women the same age before menopause and 63 percent of women who die suddenly of coronary heart disease have no previous symptoms of this disease; and
Whereas, The cost of cardiovascular disease and stroke in the United States is estimated at $352 billion; and
Whereas, February is designated as American Heart Month. The American Heart Association has established a campaign, "Go Red for Women", designed to raise women's awareness of the magnitude of cardiovascular disease and to encourage women to make positive changes in their lives that could help reduce their risk of cardiovascular disease and stroke; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares February 3, 2006, as "Go Red for Women Day"; and, be it
Further Resolved, That all West Virginians are encouraged to celebrate February 3, 2006, as "Go Red for Women Day" to raise awareness of the dangers of cardiovascular disease for women and to encourage women in West Virginia to take steps to improve their heart health; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and West Virginia's congressional delegation.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senators Bailey, Hunter, Love, Bowman, Dempsey, Chafin, Unger, Foster, Helmick, Fanning, White, Sharpe, Oliverio, Kessler, McCabe, Edgell, Jenkins, Plymale, Prezioso and Minard offered the following resolution:
Senate Resolution No. 11--Requesting the United States House of Representatives defeat the Budget Reconciliation Bill.
Whereas, A conference report on the federal budget which cuts initiatives for poor and middle class families was passed by the United States House of Representatives in late 2005; and
Whereas, The United States Senate made changes that require the House to vote again on this measure; and
Whereas, The conference report allows states to impose substantial and harmful cost-sharing charges on Medicaid beneficiaries; and
Whereas, The conference report permits states to cut back on benefits for nearly all of the 28 million children now enrolled in Medicaid; and
Whereas, The conference report imposes unwarranted citizenship documentation requirements that would likely decrease Medicaid coverage among eligible U. S.-born citizens, especially elderly African-Americans; and
Whereas, The conference report imposes particularly unrealistic work requirements on two-parent families; and
Whereas, The conference report includes new Temporary Assistance for Needy Families work requirements that are more expensive for states; and
Whereas, The conference report grants vast new regulatory authority to the federal Department of Health and Human Services and instructs it to develop new paperwork requirements for states to track work participation; and
Whereas, The conference report cuts $1.5 billion from child support enforcement over the next five years, which the Congressional Budget Office estimates would result in $8.4 billion of reduced collection of child support for single parents over the next decade; and
Whereas, The conference report contains cuts in child welfare that will make it more difficult for grandparents and other relatives to take care of their own grandchildren; and
Whereas, The conference report makes it harder for low-income seniors to obtain needed long-term care; and
Whereas, The conference report overburdens already strained public hospitals and threatens access to care for many Medicaid beneficiaries; and
Whereas, The conference report does not obtain reasonable savings by reducing overpayments to Medicare managed care plans or prices paid by Medicaid for prescription drugs; and
Whereas, The conference report allows states to deny coverage for contraception to poor women for the first time since Medicaid began; and
Whereas, The conference report cuts a net amount of $12.7 billion from federal student loan programs, representing the largest cut to student aid in the history of the programs; and
Whereas, The conference report puts student loan programs at risk by allowing funding to no longer be mandatory; and
Whereas, The conference report eliminates states' flexibility to design their own state-funded welfare programs; and
Whereas, The conference report limits access to federal courts by significantly increasing filing fees; and
Whereas, The savings resulting from these cuts in critical federal expenditures are intended to fund tax breaks for the wealthiest Americans; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the United States House of Representatives to defeat the Budget Reconciliation Bill; and, be it
Further Resolved, That the Senate calls upon the United States House of Representatives, and particularly to its members who represent West Virginia, to defeat these cuts and to defeat any future measure aimed at cutting critical expenditures that benefit low- and middle-income Americans in order to fund tax breaks for the wealthiest citizens; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Speaker of the United States House of Representatives, the Clerk of the United States House of Representatives and the members of the United States House of Representatives who represent West Virginia.
Senator Hunter requested unanimous consent that the resolution (S. R. No. 11) be taken up for immediate consideration.
Which consent was not granted, Senator Deem objecting.
Senator Hunter then moved that the resolution be taken up for immediate consideration.
Following extended discussion,
The question being on the adoption of Senator Hunter's aforestated motion, and on this question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, Minear, Sprouse, Weeks and Yoder--12.
Absent: Foster and McKenzie--2.
So, a majority of those present and voting having voted in the affirmative, the President declared Senator Hunter's aforestated motion had prevailed.
Whereupon, Senate Resolution No. 11 was taken up for immediate consideration.
Senator Hunter then requested unanimous consent that reference of the resolution to a committee be dispensed with.
Which consent was not granted, Senator Sprouse objecting.
On motion of Senator Hunter, reference of the resolution to a committee was dispensed with.
The question now being on the adoption of the resolution, and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger, White and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Caruth, Deem, Facemyer, Guills, Harrison, Lanham, Minear, Sprouse, Weeks and Yoder--12.
Absent: Foster and McKenzie--2.
So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. R. No. 11) adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31, Requesting Division of Highways rename Watson Bridge in Fairmont, Marion County, "Jim Costello 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 eighth order of business.
Eng. Senate Bill No. 242, Allowing state-chartered banks issue more than one class of stock.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Minear--1.
Absent: Foster and McKenzie--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 242) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 244, Relating to state-chartered banks' investment limitations.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Foster and McKenzie--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 244) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 271, Reducing state banks' time period for retaining records.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Foster and McKenzie--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 271) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 370, Creating personal property tax exemption for farm equipment and livestock.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Foster and McKenzie--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 370) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2006.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Foster and McKenzie--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 370) takes effect July 1, 2006.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 371, Reducing severance tax on timber.
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, Guills, Harrison, Helmick, Hunter, Jenkins, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Kessler--1.
Absent: Foster and McKenzie--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 371) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Guills, Harrison, Helmick, Hunter, Jenkins, Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Kessler--1.
Absent: Foster and McKenzie--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 371) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Senate Bill No. 57, Relating to designation and operation of traffic signal as flashing signal.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 441, Prohibiting public display of certain autopsy photographs.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 442, Changing expiration date of graduated driver's licenses.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 444, Relating to proof of lawful disposal of solid waste.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
At the request of Senator Chafin, unanimous consent being granted, the Senate 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. 461 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-3-24 of the Code of West Virginia, 1931, as amended, relating to underground water supply replacement; clarifying that requirements for replacement of water supply apply to both surface and underground mining operations; and removing archaic language.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Oliverio.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Oliverio were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day was granted Senator McKenzie.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 2, 2006, at 11 a.m.
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