WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-NINTH DAY
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Charleston, W. Va., Wednesday, February 8, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Mohammad Jamal Daoudi, Imam of Islamic
Association of West Virginia, South Charleston, West Virginia.
Pending the reading of the Journal of Tuesday, February 7,
2006,
On motion of Senator Minear, 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 Court of Claims, submitting its annual report, in accordance
with chapter fourteen, article two, section twenty-five of the code
of West Virginia.
Which report was 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. House Bill No. 2607--A Bill to amend and reenact §16-22-3
of the Code of West Virginia, 1931, as amended, relating to the
expansion of newborn testing to include sickle cell anemia and
congenital adrenal hyperplasia.
Referred to the Committee on Health and Human Resources; 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. 4106--A Bill to amend and reenact §60-8-3
of the Code of West Virginia, 1931, as amended, relating to one-day
licenses for the sale and serving of wine at nonprofit fund-raising
events; and revising provisions related to the acquisition of wine
to be resold or served by nonprofit organizations and associations
under the special one-day license.
Referred to the Committee on Finance.
Executive Communications
The Clerk then presented a communication from His Excellency,
the Governor, advising that on February 7, 2006, he had approved
Enr. House Bill No. 4037.
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. 251, Creating Beckley-Raleigh County Building
Code Authority.
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 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. 269, Relating to parity for state-chartered
banks' investments.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Banking and Insurance pending.
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. 270, Relating to Board of Banking and
Financial Institutions' membership qualifications.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 270 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§31A-3-1 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §31A-3-
5, all relating to the appointment of members of banking
institutions to the Board of Banking and Financial Institutions;
qualifications of members appointed to represent the public on the
board; and continuing the Board of Banking and Financial
Institutions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 274, Creating State Police Child Abuse and
Neglect Investigations Unit.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 274 (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 §15-2-9, relating to the creation of a special unit
within the State Police specializing in assisting law enforcement,
the Division of Child Protective Services and prosecuting attorneys
in criminal child abuse and criminal child neglect investigations;
authorizing promulgation of procedural rules; requiring data
collection; and mandating reporting of criminal child abuse and
criminal child neglect investigations and referrals.
With the recommendation that the committee substitute do pass;
but with the recommendation that it first be referred to the
Committee on Government Organization; and then, under the original
double committee reference, to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (Com. Sub. for S. B.
No. 274) contained in the foregoing report from the Committee on
the Judiciary was referred to the Committee on Government
Organization; and then, under the original double committee
reference, to the Committee on Finance.
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. 347, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to lead
abatement licensing.
Senate Bill No. 372, Authorizing Board of Examiners for
Licensed Practical Nurses promulgate legislative rule relating to
policies regulating licensure.
Senate Bill No. 386, Authorizing Board of Optometry promulgate
legislative rule relating to board.
And,
Senate Bill No. 396, Authorizing Division of Rehabilitation
Services promulgate legislative rule relating to Ron Yost Personal
Assistance Services Board.
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,
Roman W. Prezioso, Jr.,
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. 354, Authorizing Insurance Commissioner
promulgate legislative rule relating to unfair trade practices.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 409, Authorizing Division of Labor promulgate
legislative rule relating to Manufactured Housing Construction and
Safety Standards Board.
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 the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment
from the Committee on Labor pending.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 410, Authorizing Division of Labor promulgate
legislative rule relating to nurse overtime complaints.
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,
Michael A. Oliverio II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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. 462, Relating to filing interstate compacts
with Secretary of State.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Concurrent Resolution No. 20, Urging United States
Congress increase federal minimum wage.
And has amended same.
And reports the same back with the recommendation that it be
adopted, as amended; but under the original double committee
reference first be referred to the Committee on Finance.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Finance, with an amendment
from the Committee on Labor pending.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Bowman, Prezioso, Dempsey and Love:
Senate Bill No. 521--A Bill to amend and reenact §20-5-2 of
the Code of West Virginia, 1931, as amended, relating to providing
the Natural Resources Commission authority to promulgate rules to
permit and regulate the hunting of white-tailed deer in state
parks.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Bowman and Kessler:
Senate Bill No. 522--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-1-17, relating to requiring licensed professionals
to notify their licensing boards of any malpractice lawsuits filed
against them.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Prezioso, Bowman, Facemyer, Hunter, Unger and
Edgell:
Senate Bill No. 523--A Bill to amend and reenact §20-2-57 of
the Code of West Virginia, 1931, as amended, relating to providing
criminal penalties for shooting and wounding or killing a human
being by a person hunting, pursuing, taking or killing wild animals
or wild birds while under the influence of alcohol, controlled
substances or drugs; and permitting court-ordered restitution.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 524--A Bill to amend and reenact §51-9-4 of
the Code of West Virginia, 1931, as amended, relating to judges and
justices generally; providing that a judge becoming eligible for
retirement is not required to contribute to the retirement system;
and clarifying that, for judicial retirement purposes, credited
service includes certain time served as an elected or appointed
municipal judge.
Referred to the Committee on Pensions; then to the Committee
on the Judiciary; and then to the Committee on Finance.
By Senators Bailey, Fanning, Jenkins, Helmick and Dempsey:
Senate Bill No. 525--A Bill to amend and reenact §19-12A-1a of
the Code of West Virginia, 1931, as amended, relating to
transferring title of the Weston State Hospital Institutional Farm
from the Department of Agriculture to the Department of Health and
Human Resources.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 526--A Bill to amend and reenact §21-10-4 of
the Code of West Virginia, 1931, as amended, relating to reducing
the annual inspection fee imposed on amusement rides and
attractions.
Referred to the Committee on Finance.
By Senators White, Bowman, Prezioso and Dempsey:
Senate Bill No. 527--A Bill to amend and reenact §20-5-2 of
the Code of West Virginia, 1931, as amended, relating to providing
that interest on investment of parks operational revenue is to be
used exclusively for the benefit of the state parks and public
recreation system; and allowing certain designated parks to raise
the minimum bank deposit from two hundred fifty dollars to five
hundred dollars.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Sprouse and Guills:
Senate Bill No. 528--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-15a, relating to personal income tax credits; and
allowing a credit against a taxpayer's tax liability for performing
volunteer work for nonprofit organizations.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 529--A Bill to amend and reenact §11-21-9 of
the Code of West Virginia, 1931, as amended, relating to updating
meaning of federal adjusted gross income and certain other terms
used in West Virginia Personal Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive):
Senate Bill No. 530--A Bill to amend and reenact §11-24-3 of
the Code of West Virginia, 1931, as amended, relating to updating
meaning of federal taxable income and certain other terms used in
West Virginia Corporation Net Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
By Senators Sprouse, Yoder, Guills and Harrison:
Senate Bill No. 531--A Bill to amend and reenact §11-15-9 of
the Code of West Virginia, 1931, as amended, relating to consumers
sales and service tax on food.
Referred to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 532--A Bill to amend and reenact §8-13-13 of
the Code of West Virginia, 1931, as amended, relating to limiting
user fees imposed by a municipality that are required to be
withheld by an employer from wages due an employee to two dollars
a week.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth, Yoder and Guills:
Senate Bill No. 533--A Bill to amend and reenact §43-2-1 of
the Code of West Virginia, 1931, as amended, relating to updating
the mortality tables used in the valuation of a life estate; and
providing that the most recent mortality tables and formulas
established under provisions of 26 U. S. C. §7520 of the United
States Internal Revenue Code shall be used for determining the
value of life estates.
Referred to the Committee on the Judiciary.
By Senators Sprouse, Guills and Unger:
Senate Bill No. 534--A Bill to amend and reenact §11-23-6 of
the Code of West Virginia, 1931, as amended, relating to imposition
of the business franchise tax; and reduction and elimination of the
tax.
Referred to the Committee on Finance.
By Senators Caruth, Guills and Weeks:
Senate Bill No. 535--A Bill to amend and reenact §17-16A-11 of the Code of West Virginia, 1931, as amended, relating to removing
the requirement that the West Virginia Parkways Economic
Development and Tourism Authority construct a Shady Spring
connector highway and interchange connecting to the West Virginia
Turnpike.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 536--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 creating the Violent Offender Registration Act;
requiring registration of certain violent offenders; creating
Violent Offender Registration Advisory Board; specifying
information to be included in registry information and requirements
for updating the information; specifying the duration requirements;
requiring distribution and disclosure of information; requiring
community information programs by prosecuting attorney and State
Police; providing procedures for removal; requiring registration of
out-of-state offenders under certain circumstances; requiring
address verification; specifying duties of institution officials;
requiring release of information to other states; and providing
criminal penalties.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter, Dempsey, Bailey, Unger, Edgell, Prezioso,
Fanning, Foster, Jenkins, Minard, McCabe, Bowman, White, Yoder and
Sharpe:
Senate Bill No. 537--A Bill to amend and reenact §5-10-15 of
the Code of West Virginia, 1931, as amended, relating to providing
that any service in the United States armed forces up to five years
is credited service toward retirement for members of the Public
Employees Retirement System.
Referred to the Committee on Military; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Chafin, Helmick and Love:
Senate Bill No. 538--A Bill to amend and reenact §5-10B-1, §5-
10B-2, §5-10B-3, §5-10B-4, §5-10B-5, §5-10B-9 and §5-10B-10 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto three new sections, designated §5-10B-11, §5-10B-12
and §5-10B-13, all relating to transferring responsibility for the
state employee 457 plan to the State Treasurer on the first day of
July, two thousand six; authorizing political subdivisions without
plans to request the Treasurer include its employees in the state
plan; allowing political subdivision employees to participate in
the state plan; allowing political subdivision employees to
participate in the state plan when their employer does not offer a
plan; clarifying various powers and requirements; authorizing
employees to attend meetings called by the state or public employer
during regular working hours to explain the plan; authorizing the
state and public employers to charge fees for plan administration; clarifying liability; establishing trust fund and administrative
account in the State Treasury; providing that information that
would tend to disclose the identity of a participating employee is
exempt from disclosure under the Freedom of Information Act; and
protecting the moneys from certain legal processes.
Referred to the Committee on Finance.
By Senators Minard, Yoder, Unger, Jenkins and Kessler:
Senate Joint Resolution No. 9--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
At the request of Senator Chafin, and by unanimous consent,
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. 539 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22A-1-3 of the Code of
West Virginia, 1931, as amended, relating to increasing the
professional qualifications required for the position of Director
of the Office of Miners' Health, Safety and Training.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 539) contained in the preceding report
from the Committee on the Judiciary was taken up for immediate
consideration, read a first time and ordered to second reading.
At the request of Senator Kessler, and by unanimous consent,
Senator Kessler addressed the Senate regarding Senate Bill No. 539.
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,
Barnes, Boley, 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, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Weeks--1.
Absent: Bowman and McKenzie--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 539 was then read a third time and
put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 539 pass?"
On the passage of the bill, the yeas were: Barnes, Boley,
Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger,
White, Yoder and Tomblin (Mr. President)--29.
The nays were: Bailey, Sprouse and Weeks--3.
Absent: Bowman 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. 539) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Caruth,
Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills,
Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe,
Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Unger, White,
Yoder and Tomblin (Mr. President)--29.
The nays were: Bailey, Sprouse and Weeks--3.
Absent: Bowman 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. 539) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senator Weeks as to the passage
of Engrossed Senate Bill No. 539 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 36, Requesting Division of
Highways name bridge on Cobun Creek, Monongalia County, "Karen Lee
Brown 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 twelfth order of business.
Remarks were made by Senator Minard.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senator Minard were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Bowman and McKenzie.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 9, 2006, at 11 a.m.
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