WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-SEVENTH DAY
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Charleston, W. Va., Monday, February 6, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jimmy Russell, Pentecostal
Church of God, Buckhannon, West Virginia.
Pending the reading of the Journal of Friday, February 3,
2006,
On motion of Senator Bowman, 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.
Senator Tomblin (Mr. President) presented a communication from
the Economic Development Authority, submitting its annual report as
required by chapter thirty-one, article fifteen, section twenty-
nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 32, Designating February 3,
2006, "Go Red for Women Day".
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. 4112--A Bill to extend the time for the
County Commission of Mineral County, West Virginia, to meet as a
levying body until the third Tuesday in May, two thousand six.
Referred to the Committee on Government Organization.
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. 4133--A Bill to amend and reenact §49-5-2
of the Code of West Virginia, 1931, as amended, relating to
clarifying that magistrate courts have concurrent juvenile
jurisdiction with circuit courts with regard to enforcement of laws
prohibiting the possession or use of tobacco or tobacco products by
minors; and giving such concurrent juvenile jurisdiction to
municipal courts.
Referred to the Committee on Health and Human Resources; 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. 4310--A Bill to amend and reenact §29-12-
12 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Risk and Insurance Management.
Referred to the Committee on Government Organization.
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. 4311--A Bill to amend and reenact §22-1-4
of the Code of West Virginia, 1931, as amended, relating to
continuation of the Department of Environmental Protection.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 3rd day of February, 2006, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 4037), Correcting definitions applicable to the
assessment of real property.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. 183, Creating special license plate for Lions
International membership.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 183 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17-3-14 of the Code of West Virginia, 1931, as
amended, relating to motor vehicle registration generally;
providing for the issuance of a special Lions International
membership license plate; providing for the issuance of a special
plate recognizing organ and tissue donors; providing for the
issuance of a special West Virginia Bar Association membership
license plate; assessing a special initial application fee and a
special annual fee therefor; 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; revising the criteria before the commissioner may
initiate the design and production of a special license plate; and
encouraging the commissioner to utilize technology in the design,
production and issuance of registration plates including offering
internet renewal of vehicle registration.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 183), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Eng. House Bill No. 4048, Placing limitations on the use of
eminent domain.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Government Organization; and
then to the Committee on the Judiciary.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Government Organization; and then to
the Committee on the Judiciary, with amendments from the Committee
on Economic Development pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4049, Relating to state-funded student
financial aid.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education pending.
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 McCabe, Foster, Oliverio, Hunter, Bailey, Minard,
Jenkins, Yoder, Prezioso, Fanning, Minear, Sprouse, Harrison,
Plymale and Unger:
Senate Bill No. 499--A Bill to amend and reenact §5B-2-14 of
the Code of West Virginia, 1931, as amended, relating to including
nationally certified West Virginia Main Street programs as
participants in the West Virginia Development Office's Certified
Development Community Program.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Bailey (By Request):
Senate Bill No. 500--A Bill to amend and reenact section 1,
chapter 144, Acts of the Legislature, regular session, 1973,
relating to authorizing and empowering the county court (now county
commission) of Harrison County to use any unexpended sums and
surpluses for the purpose of creating a special fund to be used for
acquiring a new firefighters' school building and fire equipment in
Harrison County.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Minard, McKenzie, Yoder and Love:
Senate Bill No. 501--A Bill to amend and reenact §7-7-1 and
§7-7-4 of the Code of West Virginia, 1931, as amended, all relating
to providing a salary increase for elected county officials; and
finding that additional duties have been imposed on county
officials which justify the increased compensation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bailey (By Request):
Senate Bill No. 502--A Bill to amend and reenact §7-7-7 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§23-2-1b of said code, all relating to the payment of workers'
compensation premiums by the county commission; eliminating the
practice of elected officials providing payment increases by using
funds allocated for another worker who is taking leave of absence while on workers' compensation; and providing for the return of
surplus funds contained in unspent salary line items.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 503--A Bill to amend and reenact §15-2-4 and
§15-2-5 of the Code of West Virginia, 1931, as amended, all
relating to the appointment, temporary promotion and compensation
of the membership of the West Virginia State Police; providing for
the temporary promotion from the membership of the executive
protection section of the West Virginia State Police; and providing
annual salary schedules for the West Virginia State Police.
Referred to the Committee on Finance.
By Senators Jenkins, McCabe, Facemyer, Lanham, Helmick, Unger,
Hunter and Foster:
Senate Bill No. 504--A Bill to amend and reenact §11-3-9 of
the Code of West Virginia, 1931, as amended, relating to clarifying
the exemption for property used by not-for-profit, tax-exempt
corporations operating homes for the aged or retirement communities
from property taxes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso and Oliverio:
Senate Bill No. 505--A Bill to extend the time for the city
council of Fairmont, Marion County, to meet as a levying body for the purpose of presenting to the voters of the city an election for
a municipal excess levy for purposes of providing funding for the
operation, maintenance and repair of the streets and roadways of
the city of Fairmont from between the seventh and twenty-eighth
days of March and the third Tuesday in April until the nineteenth
day of May, two thousand six.
Referred to the Committee on Government Organization.
By Senators Helmick, Edgell, Love, Lanham, Minear and
Facemyer:
Senate Bill No. 506--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-2H-1, §19-2H-2, §19-2H-3, §19-2H-4, §19-2H-5, §19-
2H-6, §19-2H-7, §19-2H-8, §19-2H-9, §19-2H-10, §19-2H-11, §19-2H-
12, §19-2H-13, §19-2H-14 and §19-2H-15; to amend and reenact §19-
29-2 of said code; to amend and reenact §20-1-2 of said code; and
to amend and reenact §20-2-11 and §20-2-12 of said code, all
relating to regulating captive cervid farming as an agricultural
enterprise in this state; powers and duties of the Department of
Agriculture; promulgation of rules; duties and obligation of the
commissioner; application process; issuance, renewal, modification
and transfer of a license certificate; inspection of facilities;
transition of current facilities; noncompliance with article; and
providing for certain criminal penalties and remedies.
Referred to the Committee on Natural Resources; then to the
Committee on Agriculture; and then to the Committee on Finance.
By Senators Dempsey, Unger, Hunter and Love:
Senate Bill No. 507--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-7A-26t, relating to increasing supplemental benefits
to all teacher retirement annuities.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting Division of
Highways name bridge in Wellsburg, Brooke County, "John G.
Chernenko Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 34, Urging federal government
designate corridor along Route 15 as National Heritage Area.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Yoder, 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.
Senate Concurrent Resolution No. 35, Requesting formation of
West Virginia After-School Partnership task force.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 461, Clarifying water supply replacement
requirements for surface mine operators.
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,
Lanham, Love, McCabe, Minard, Minear, Oliverio, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Kessler 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. 461) 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.
Com. Sub. for Senate Bill No. 174, Relating to State Police
Death, Disability and Retirement Fund benefits.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 364, Removing sunset provision from West Virginia Jobs Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 479, Paying certain funeral expenses for
juvenile probation officers killed in line of duty.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 480, Relating to time period for paying
criminal proceedings costs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 481, Relating to domestic violence protective
orders served out of state.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 483, Providing confidentiality of circuit
court records involving guardianship of minors.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 484, Utilizing community corrections programs
in pre-trial supervision.
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 Senators Chafin and Sprouse.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Kessler and 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, Tuesday, February 7, 2006, at 11 a.m.
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