WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
THIRTY-FIRST DAY
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Charleston, W. Va., Friday, February 10, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the St. Agnes Kindergarten Class,
Charleston, West Virginia, who then led the Senate in the
recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Thursday, February 9,
2006,
On motion of Senator Harrison, 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. 2141--A Bill to amend and
reenact §17C-10-6 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§17C-19-13a, all relating to establishing criteria and limitations for soliciting donations on public highways; and penalties.
Referred to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 4306--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §61-8-14a, relating to creating a criminal
offense for picketing or disrupting funerals or memorial services.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 49, Allowing county board of education to
enter into lease-purchase agreements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 49 (originating in the Committee
on Education)--A Bill to amend the Code of West Virginia, 1931, as
amended, by adding thereto a new section, designated §18-5-9c,
relating to allowing a county board of education to enter into a
lease-purchase agreement for land, buildings and equipment.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 49), 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. 326, Authorizing Department of Environmental
Protection promulgate legislative rule relating to requirements
governing water quality standards.
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,
William R. Sharpe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred 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. 351, Authorizing Department of Health and Human Resources promulgate legislative rule relating to regulation
of opioid treatment programs.
And reports the same back with the recommendation that it do
pass; but with the recommendation that it first be referred to the
Committee on Finance; and then, under the original double committee
reference, to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
On motion of Senator Prezioso, the bill (S. B. No. 351)
contained in the foregoing report from the Committee on Health and
Human Resources was referred to the Committee on Finance; and then,
under the original double committee reference, 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. 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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
then referred 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. 385, Authorizing Board of Occupational Therapy
promulgate legislative rule relating to administration of board and
licensure of occupational therapists and occupational therapy
assistants.
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,
Roman W. Prezioso, Jr.,
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 Health and Human Resources pending.
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. 388, Authorizing Board of Osteopathy promulgate legislative rule relating to osteopathic physician
assistants.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred 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 Bill No. 390, Authorizing Board of Examiners of
Psychologists promulgate legislative rule relating to
qualifications for licensure as psychologist or school
psychologist.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 390 (Originating in the
Committee on Education)--A Bill to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
to authorizing the Board of Examiners of Psychologists to
promulgate a legislative rule relating to qualifications for
licensure as a psychologist or a school psychologist.
With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 390), under the original
triple 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 Senators Prezioso and McKenzie:
Senate Bill No. 547--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5A-1-12, relating to requiring the Secretary of the
Department of Administration to propose a rule implementing public
employee acceptable use standards for the internet.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Sharpe, Boley, Caruth and Foster:
Senate Bill No. 548--A Bill to amend and reenact §5-11A-3 and
§5-11A-3a of the Code of West Virginia, 1931, as amended; to amend
and reenact §21-11-3 of said code; and to amend said code by adding
thereto a new section, designated §21-11-10a, all relating to
defining "universal design"; providing immunity from civil damages
to a worker, contractor, engineer or architect who, in good faith, provides services for materials, without remuneration, to build or
install basic universal design features in accordance with
applicable codes and state and federal laws; and providing for a
standard form informational list of basic universal design features
to be provided to a future buyer of any proposed residential
housing in the state by the licensed contractor.
Referred to the Committee on Health and Human Resources.
By Senators Oliverio, Prezioso, Hunter, McCabe and Minear:
Senate Bill No. 549--A Bill to amend and reenact §18B-6-1a,
§18B-6-2, §18B-6-3, §18B-6-4, §18B-6-5 and §18B-6-6 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §18B-6-3a, §18B-6-4a and
§18B-6-6a, all relating to removing West Virginia University's
representation from state advisory councils of students, faculty
and classified employees; establishing stand-alone advisory
councils; providing for meetings of West Virginia University
advisory councils with the Higher Education Policy Commission; and
expanding the representative responsibilities of the West Virginia
University Faculty Senate and Classified Employee Council.
Referred to the Committee on Education.
By Senator Kessler:
Senate Bill No. 550--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2E-2, relating generally to improving competition
among telephone public utilities providing landline services;
prohibiting telephone public utilities from using automatic renewal provisions in their landline customer service agreements;
prohibiting initial term of landline customer service agreement
greater than five years; providing that after initial term of
landline customer service agreement the term shall be on a
month-to-month basis unless customer signs new landline customer
service agreement; limiting termination fees charged by telephone
public utilities for landline service and providing method of
computing termination fee; specifying how this act applies to
existing landline customer service agreements, whether in their
original term or in a rollover term; and providing that act does
not apply to service agreements between two telephone public
utilities.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso, Kessler and Hunter:
Senate Bill No. 551--A Bill to amend and reenact §27-1-12 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §27-5-2, §27-5-3 and §27-5-4 of said code, all relating to
institution of proceedings for involuntary custody for examination;
addressing procedures regarding custody, probable cause and other
hearings; examination of individuals; admission under involuntary
hospitalization for examination; release; institution of final
commitment proceedings; other hearing requirements; and defining
terms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Oliverio, Love, Foster, Jenkins, Bailey, White,
Hunter and Unger:
Senate Bill No. 552--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-20, relating to Medicaid coverage of nonemergency
medical services; defining terms; requiring Medicaid coverage for
medical screening and stabilization of emergency medical conditions
of prudent laypersons; and eliminating the requirement for prior
authorization for emergency medical services.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 553--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-3A-10d, relating to increasing the amount of liquor
licenses awarded to qualifying businesses in Tucker County.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 554--A Bill to amend and reenact §61-8B-15 of
the Code of West Virginia, 1931, as amended, relating to
clarification of permissible expenditures from the Forensic Medical
Examination Fund.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
Senators Sprouse, Harrison, McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 38--Requesting the Division
of Highways install traffic signals at the intersections of U. S.
Route 60 and Witcher Creek Road and U. S. Route 60 and Diamond.
Whereas, An unacceptable, high number of accidents have
occurred at the intersections of U. S. Route 60 and Witcher Creek
Road and U. S. Route 60 and Diamond, creating a continuous hazard
to motorists, pedestrians and children in the town of Belle,
Kanawha County; and
Whereas, Over the last 10 years, there have been over 70
accidents resulting in at least 45 serious injuries and six
fatalities; and
Whereas, These intersections are exceptionally dangerous to
students attending Midland Trail Elementary School who must cross
both intersections twice each day; and
Whereas, This threat to Midland Trail Elementary School
students became a frightening reality in October, 2004, when a
school bus collided with a vehicle used for transporting children
in day care; and
Whereas, It is essential that this roadway be made safe as
expeditiously as possible; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to install traffic signals at the intersections of U. S. Route 60
and Witcher Creek Road and U. S. Route 60 and Diamond; 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.
Which, under the rules, lies over one day.
Senators Deem, Edgell, Kessler, Tomblin (Mr. President),
Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Dempsey, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White and Yoder offered
the following resolution:
Senate Resolution No. 14--Memorializing the life of the
Honorable David G. Hanlon, former member of the West Virginia
Senate and dedicated public servant.
Whereas, David G. Hanlon was born June 23, 1935, in Pennsboro,
Ritchie County, the son of the late Oris G. and Janet Wilson
Hanlon; and
Whereas, Following his graduation from Cairo High School,
David G. Hanlon joined the United States Army Reserve in 1957 and
was honorably discharged in 1963; and
Whereas, David G. Hanlon earned an AB degree from Marietta
College and was a graduate of the West Virginia University College
of Law in 1966; and
Whereas, From 1967 to 1971, David G. Hanlon served as Director
of Continuing Legal Education and Assistant Dean and Professor of
Law at West Virginia University College of Law; and
Whereas, In 1971, David G. Hanlon began practicing law in
Harrisville, Ritchie County. He was the owner of the Model Theater of Harrisville and held an operating interest in the Marble Factory
in Cairo; and
Whereas, In 1976, David G. Hanlon was elected to the West
Virginia Senate from the third senatorial district and served until
1980. During his tenure in the Senate, he served as a member of
the Senate committees on Agriculture, Finance, Health, Labor and
Local Government; and
Whereas, In 1986, the Honorable David G. Hanlon was appointed
judge of the West Virginia Court of Claims and served as presiding
judge in 1990; and
Whereas, The Honorable David G. Hanlon was a three-term
prosecuting attorney of Ritchie County. He also served his
community in such civic organizations as the Harrisville Lodge 98,
AF&AM; the Harrisville Lodge 99, IOOF; and the Nemesis Shrine; and
Whereas, The Honorable David G. Hanlon was married to his
beloved wife, Carole, with whom he shared the joy of having two
daughters, Khara Gael Hanlon and Meghan Gael Hanlon; and
Whereas, Sadly, the Honorable David G. Hanlon passed away on
January 25, 2006, bringing to an end a long and productive life of
dedication and commitment to his community and state; therefore, be
it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable
David G. Hanlon, former member of the West Virginia Senate and
dedicated public servant; and, be it
Further Resolved, That the Senate extends its sincere sympathy at the passing of the Honorable David G. Hanlon; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of the Honorable David G.
Hanlon.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Petitions
Senator Fanning presented a petition from Bubby Falvo and
numerous West Virginia residents, opposing replacing the
designation of Christmas with any other word.
Referred to the Committee on Government Organization.
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. 555 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §48-2-402 of the Code of
West Virginia, 1931, as amended, relating to registry of persons
authorized to celebrate marriages throughout the state; deleting
bonding requirement; requiring documentation of authority to
celebrate marriages; requiring renewal of registration after five
years; and permitting the Secretary of State to purge inactive
persons from registry.
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. 555)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 556 (originating in the Committee on Finance)-
-A Bill to amend and reenact §20-5-15 of the Code of West Virginia,
1931, as amended, relating to operational contracts within the
state parks and recreational system; amending the requirement of
prior legislative approval and authorization; and requiring
legislative notice.
And,
Senate Bill No. 557 (originating in the Committee on Finance)-
-A Bill to amend and reenact §17-16A-6, §17-16A-11 and §17-16A-13
of the Code of West Virginia, 1931, as amended, all relating to the
West Virginia Parkways, Economic Development and Tourism Authority;
removing the requirement that a Shady Spring connector be completed
before additional bonds are authorized; and restoring rate of tolls
charged.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 37, Requesting Legislative
Oversight Commission on Health and Human Resources Accountability
study Sexual Assault Nurse Examiner programs.
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 ninth order of business.
Com. Sub. for Senate Bill No. 270, Continuing Board of Banking
and Financial Institutions; membership qualifications.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 462, Relating to filing interstate compacts
with Secretary of State.
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 tenth order of business.
Com. Sub. for Senate Bill No. 47, Prohibiting local ordinances
from discriminating against factory-built housing.
On first reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
Senate Bill No. 166, Restructuring Parole Board.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 473, Creating crime of reckless
driving resulting in serious bodily injury.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 505, Extending time for Fairmont city council
to meet as levying body.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 183, Creating certain special
license plates.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin, Weeks, Guills and Caruth.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, unanimous consent being
granted, Michael Conrad addressed the Senate on behalf of the
Frasure-Singleton Student Legislative Program.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 13, 2006, at 11 a.m.
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