WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, February 15, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ray Sexton, Open Arms
Pentecostal Church of God, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, February 14,
2006,
On motion of Senator Edgell, 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 concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 539, Relating to qualifications for
Miners' Health, Safety and Training director.
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. 2947--A Bill to amend and
reenact §11A-3-2 and §11A-3-4 of the Code of West Virginia, 1931,
as amended, all relating to requiring payments for delinquent real
estate taxes submitted fourteen days prior to the date of the
sheriff's sale be made by cashiers check, money order, certified
check or United States currency.
Referred 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. Com. Sub. for House Bill No. 4063--A Bill to amend and
reenact §31A-4-2 of the Code of West Virginia, 1931, as amended,
relating to banks; authorizing use of certain banking terms in
connection with the name of a business; and setting forth the
limitations on such authorization.
Referred to the Committee on Banking and Insurance.
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. 4295--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-56a, relating to establishing a bird dog training
permit; providing requirements for bird dog training; providing
rule-making authority; and providing civil and criminal penalties.
Referred to the Committee on Natural Resources.
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. 4307--A Bill to amend and reenact §17A-10-
3a of the Code of West Virginia, 1931, as amended, relating to
extending the weekend driving privileges of antique motor vehicles
and motorcycles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
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. 31--Requesting the Division of
Highways to name that portion of Sago Road in Upshur County,
beginning at the intersection of Sago Road and State Route 20 and
ending at the mine cleaning plant at Sago, the "Coal Miner's
Memorial Roadway" in honor of the twelve miners who died as a
result of the explosion in the Sago mine on January 2, 2006.
Whereas, The twelve miners who did not survive the disaster at
Sago Mine and the thirteenth miner who was seriously injured were
fathers, sons and husbands - some of them had been in the coal
mining business all their adult lives and were close to retirement
and some of them were in their twenties - all of them were engaged
in work that is inherently dangerous but which offers a chance for
a better future; and
Whereas, The messages left for their families and friends by
the men who lost their lives in the Sago mine disaster remind us of the strength that faith in God gives us and the courage it takes to
engage in inherently dangerous work for benefit of the country; and
Whereas, Every household and business in this country relies
to some degree on coal-generated electric power which is essential
to the economic viability of this country; and
Whereas, West Virginians are familiar with loss of life from
mining disasters, but the deaths of these miners are especially
difficult since mine safety had been significantly improved in
recent years and the early reports of rescue efforts indicated that
they had survived as a result of a miracle; and
Whereas, Thomas "Tom" Paul Anderson, Alva Martin "Marty"
Bennett, Jim Bennett, Jerry Lee Groves, George Junior Hamner, Terry
Michael Helms, Jesse Jones, David Lewis, Martin Toler, Jr., Fred G.
"Bear" Ware, Jr., Jackie Lynn Weaver and Marshall Winnans died
while engaged in an honorable and difficult occupation, died in
dignity and with grace, and died as the result of a terrible mine
explosion before their time; and
Whereas, We should remember and honor these men not only for
their fellow miner Randal McCloy, Jr., who survived the explosion,
not only for the wives, sons and daughters, parents and family
members who survive now without them, not only for their friends
and neighbors, but for all West Virginians; and
Whereas, We should remember and honor these men by making
sure that the disaster that took their lives does not occur again
in any coal mine in this state and by naming a roadway in their
honor as a marker for this state and the country to begin the process of making coal mining a less dangerous occupation;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that
portion of Sago Road in Upshur County, beginning at the
intersection of Sago Road and State Route 20 and ending at the mine
cleaning plant at Sago, the "Coal Miner's Memorial Roadway" and
post signs thereon with words, printed in bold and prominent
fashion, designating the road as the "Coal Miner's Memorial
Roadway" and listing the names of the twelve men who died in the
Sago mine disaster on January 2, 2006; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to provide a certified copy of this resolution to
the families of the victims of the Sago mine disaster and to the
Commissioner of Highways.
Referred to the Committee on Transportation and
Infrastructure.
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. 127, Relating to foundation allowance for
regional education service agencies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 127 (originating in the Committee on Education)--A Bill
to amend and reenact §18-2-15a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-9A-8a of said code, all relating to regional education
service agencies; study by the State Superintendent of Schools; and
foundation allowance for regional education service agencies.
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. 127), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 223, Relating to examination of insurance and
health care entities.
And,
Senate Bill No. 454, Removing Insurance Commissioner as health
maintenance organizations' attorney for service of process
purposes.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
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. 236, Expanding definition of child abuse to
include parental alcohol and substance abuse.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 236 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §49-1-3 of the Code of West Virginia, 1931, as amended,
relating to the expansion of the definition of "imminent danger to
the physical well-being of the child" with regard to child abuse
and neglect to include alcohol and substance abuse on the part of
the parent or parents.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 305, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Deputy Sheriff Retirement System.
Senate Bill No. 307, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers'
Defined Benefit Plan.
Senate Bill No. 308, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to service
credit for accrued and unused sick and annual leave.
And,
Senate Bill No. 309, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to State
Police.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were 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. 389, Authorizing Board of Pharmacy promulgate
legislative rule relating to ephedrine and pseudoephedrine control.
And reports the same back without recommendation as to
passage; 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 399, Authorizing Secretary of State promulgate
legislative rule relating to use of digital signatures, state
certificate authority and state repository.
Senate Bill No. 400, Authorizing State Police promulgate
legislative rule relating to State Police grievance procedure.
Senate Bill No. 403, Authorizing Tax Department promulgate
legislative rule relating to business registration
certificate--suspension for failure to pay personal property taxes.
And,
Senate Bill No. 404, Authorizing Tax Department promulgate
legislative rule relating to valuation of active and reserve coal
property for ad valorem property tax purposes.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were 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. 435, Updating definition of "Medicare
supplement policy".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 435 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §33-16-3d of the Code of West Virginia, 1931, as amended,
relating to updating the definition of "Medicare supplement
policy".
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Banking and Insurance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 435), under the original
double committee reference, was then referred to the Committee on
Banking and Insurance.
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. 467, Amending group life insurance
requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 467 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
§33-14-2 of the Code of West Virginia, 1931, as amended, relating
to modifying the employee group requirements for group life
insurance.
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. 540, Creating crime of solicitation to commit
felony crime of violence.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 540 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section
designated §61-11-8a, relating to creating the offense of
solicitation to commit a felony crime of violence against the
person; defining terms; penalties; and defenses.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 540), under the original
double committee reference, was then referred 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. 548, Relating to basic universal design
features for certain dwellings.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 551, Relating to involuntary commitment
process for addicted persons.
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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
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
House Concurrent Resolution No. 32, Designating December 6
annually as "Miner's Day".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Deem:
Senate Bill No. 568--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12h, relating to allowing a federal adjusted
gross income deduction for the amount spent on a high-deductible
health plan purchased in conjunction with a health savings account.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 569--
A Bill to amend and reenact §16-2D-3 of
the Code of West Virginia, 1931, as amended, relating to providing
for the elimination of the restriction for charging or billing for
ventilator beds in health care facilities.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Plymale, Edgell, Tomblin (Mr. President), Minard
and Jenkins:
Senate Bill No. 570--
A Bill to amend and reenact §11-1C-5 and
§11-1C-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-1C-5b; to
amend and reenact §11-8-6f of said code; to amend and reenact §18-
9A-2 and §18-9A-11 of said code; and to amend and reenact §18A-4-5
of said code, all relating to the enforcement of certain
requirements relating to property assessments; including declaring
refusal to comply with certain provisions grounds for removal from
office; eliminating any variance from the sixty percent or the
appropriate ratio; requiring the Tax Commissioner annually to
prepare an assessment ratio study indicating the median ratio of
assessed values to the actual selling prices for certain real
properties; phasing in over six years the requirement that each
county's local share be calculated based on what the assessment
ratio study indicates is sixty percent of market value of certain
properties; requiring adjustments to certain property as indicated
by the assessment ratio study; amending language in the Growth
County School Facilities Act to be consistent with new method of
calculating local share; clarifying adjusted enrollment definition
to be consistent with current practice and another code section;
reducing the percentage of the levy rate for county boards of
education used in the calculation of local share; eliminating
obsolete definition; requiring the State Board of Education to
develop and maintain state equity salary schedules for teachers and
service personnel; and making other technical changes.
Referred to the Committee on Finance.
By Senators Hunter, Unger, Minard, Dempsey, Jenkins, Weeks,
Bailey, Love and White:
Senate Bill No. 571--
A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended; and to amend and
reenact §15-1B-16 and §15-1B-21 of said code, all relating to the
National Guard generally; providing that the salary of the Adjutant
General is the pay and allowance of an officer of the same rank on
active duty; providing for the payment of tuition and fees for
post-graduate courses for members of the National Guard; and
increasing the base pay of members of the National Guard while in
active service to the state.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 572--
A Bill to amend and reenact §22-3-14 of
the Code of West Virginia, 1931, as amended, relating to protecting
property, landowners, drinking water and waters of the state from
subsidence and other harmful effects of underground mining.
Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.
By Senators Hunter, Bailey, Kessler, Minard and Dempsey:
Senate Bill No. 573--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all
relating to meeting and conference rights for members of fire
departments employed by political subdivisions; providing for the
right of self-organization; allowing designation of an exclusive
representative agent; imposing a duty to meet and confer with
employees; allowing deduction of employee organization dues and
assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearing before Civil Service
Commission; providing judicial review; specifying powers and duties
of the Civil Service Commission; and allowing injunctive relief.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, McCabe, Minard and Kessler:
Senate Bill No. 574--
A Bill to repeal §16-5-12a, §16-5-12b,
§16-5-18a and §16-5-18b of the Code of West Virginia, 1931, as
amended; to amend and reenact §16-5-1, §16-5-2, §16-5-3, §16-5-4,
§16-5-5, §16-5-6, §16-5-7, §16-5-8, §16-5-9, §16-5-10, §16-5-11,
§16-5-12, §16-5-13, §16-5-14, §16-5-15, §16-5-16, §16-5-17, §16-5-
18, §16-5-19, §16-5-20, §16-5-21, §16-5-22, §16-5-23, §16-5-24,
§16-5-25, §16-5-26, §16-5-27, §16-5-28, §16-5-29, §16-5-30, §16-5-
31, §16-5-32, §16-5-33, §16-5-34, §16-5-35 and §16-5-36 of said
code; and to amend said code by adding thereto two new sections,
designated §16-5-37 and §16-5-38, all relating to definitions;
establishment of section of Vital Statistics in Bureau for Public
Health; Department of Health and Human Resources to propose
legislative rules; appointment of State Registrar of Vital
Statistics; powers and duties of state registrar; registration
districts; appointment and removal of local registrars and deputy
local registrars; duties of local registrars and deputy registrars;
content of certificates and reports; birth registration and
rescission of paternity; registration of infants and minors with
specified birth defects; notation on birth records of missing
children; infants of unknown parentage; foundling registration;
delayed registration of births; judicial procedure to establish facts of birth; certificates of adoption; court reports of
determination of paternity; certificates of birth following
legitimation, paternity acknowledgment and court determination of
paternity; death registration; delayed registration of death;
reports of fetal death; reports of induced terminations of
pregnancy; authorization for disposition and disinterment and
reinterment permits; extension of time for filing certificates,
reports and authorizations; correction and amendment of vital
records; reproduction and preservation of records; disclosure of
information from vital records or vital reports; copies from the
system of vital statistics; fees for copies and searches; persons
required to keep records; duty to furnish information relative to
vital events; matching of birth and death certificates; limitation
on use of social security numbers; uniform system of registration
of marriage, divorce and annulment of marriage; registration of
marriages; registration of divorces and annulments of marriages;
applicability to previously received certificates and reports; and
penalties.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Edgell, Bailey and Minard:
Senate Bill No. 575--
A Bill to amend and reenact §21-11-14 of
the Code of West Virginia, 1931, as amended, relating to granting
the West Virginia Contractors Licensing Board the authority to
restrict a licensee's ability to work until the licensee satisfies
an adverse judgment in favor of a consumer entered by a magistrate
or circuit court.
Referred to the Committee on Government Organization.
By Senators Jenkins, Harrison, Foster, Oliverio, Kessler and
McKenzie:
Senate Bill No. 576--
A Bill to amend and reenact §48-1-302 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §56-6-31 of said code, all relating to the rate of interest
allowed for prejudgment and post-judgment interest.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler and Minard:
Senate Bill No. 577--
A Bill to amend and reenact §18B-2A-1 and
§18B-2A-2 of the Code of West Virginia, 1931, as amended, all
relating to institutional boards of governors generally; providing
that appointed members to institutional boards of governors
continue to serve after the expiration of their terms and until
their successors are appointed and qualified; and providing that a
quorum of an institutional board of governors is equal to a
majority of the voting members.
Referred to the Committee on Education.
By Senators Fanning and Plymale:
Senate Bill No. 578--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-11d, relating to increasing the power of the
Public Service Commission to order the takeover of troubled
utilities.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Kessler, McKenzie and Love:
Senate Bill No. 579--
A Bill to amend and reenact §20-2-46e of
the Code of West Virginia, 1931, as amended, relating to allowing
an individual, who is at least sixteen years of age, to be in a
vehicle to assist a Class Q permittee while hunting.
Referred to the Committee on Natural Resources.
By Senators Barnes and Kessler:
Senate Bill No. 580--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to providing a tax credit to medical
providers in an amount equal to their investment in electronic
medical records technology.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 581--
A Bill to amend and reenact §11-14C-2 of
the Code of West Virginia, 1931, as amended, relating to the motor
fuel excise tax; and amending the definition of "person" to include
responsible persons.
Referred to the Committee on Finance.
By Senators Helmick, Plymale, Prezioso and Minard:
Senate Bill No. 582--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-54, relating to personal income tax; and
requiring certain tax preparers to file certain personal income tax
returns of their clients electronically.
Referred to the Committee on Finance.
By Senators Oliverio and Prezioso:
Senate Bill No. 583--
A Bill to amend and reenact §8-27-3, §8-
27-4, §8-27-5 and §8-27-26 of the Code of West Virginia, 1931, as
amended, all relating to including the governing boards of state-
funded colleges and universities as entities eligible to
participate in urban mass transit authorities.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Bailey, Barnes, Guills, Unger, Minard
and Jenkins:
Senate Bill No. 584--
A Bill to amend and reenact §49-1-3 of
the Code of West Virginia, 1931, as amended, relating to the
definition of "child abuse and neglect"; and expanding the
definition of "child abuse and neglect".
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Barnes, Yoder, Sharpe, Foster, Weeks, Fanning,
Hunter, Minear, Unger, Guills, Sprouse, McCabe, Kessler, Lanham and
Minard:
Senate Bill No. 585--
A Bill to amend and reenact º18-9A-11 of
the Code of West Virginia, 1931, as amended, relating to setting
and capping the local share charge back to county boards of
education so as not to exceed a county's calculated and certified
two thousand two charge back share.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators White, Bailey, McCabe, Helmick, Facemyer, Edgell, Bowman, Fanning, Plymale, Barnes, Minard and Dempsey:
Senate Bill No. 586--
A Bill to amend and reenact §19-1A-3a of
the Code of West Virginia, 1931, as amended, relating to permitting
land grant university researchers performing research to plant
ginseng seed and to dig, collect or gather ginseng on state public
lands; providing exceptions to the permit requirements for growing
and digging ginseng; and establishing an annual expiration date for
ginseng dealer permits.
Referred to the Committee on Natural Resources.
Senators Tomblin (Mr. President) and Sprouse (By Request of
the Executive) offered the following resolution:
Senate Concurrent Resolution No. 40-Authorizing the West
Virginia Water Development Authority to issue bonds and notes in
excess of $400 million.
Whereas, The West Virginia Water Development Authority was
created to, and continues to, provide loan financing and other
assistance to governmental entities for the acquisition,
construction and improvements of drinking water and wastewater
systems; and
Whereas, The West Virginia Water Development Authority issues
bonds to the public market and secures those bonds with repayments
from loans made to governmental entities; and
Whereas, As of January 1, 2006, the West Virginia Water
Development Authority anticipated having $352,695,000 in bonds
outstanding; and
Whereas, The West Virginia Infrastructure and Jobs Development
Council has adopted a resolution requesting the West Virginia Water Development Authority to issue up to $45 million in bonds before
June 30, 2006, and the West Virginia Water Development Authority
has project funding requirements pending that will require
approximately $10 million in bond proceeds within the next year;
and
Whereas, To meet the needs for the acquisition, construction
and improvements of water and sewer projects, the West Virginia
Water Development Authority must issue bonds in excess of the $400
million funding cap; and
Whereas, Section twenty-seven, article one, chapter twenty-
two-c of the Code of West Virginia requires the Legislature to
adopt a resolution authorizing the West Virginia Water Development
Authority to issue bonds and notes in excess of $400 million;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the West Virginia Water
Development Authority to issue bonds and notes in excess of $400
million; and, be it
Further Resolved, That the bonds and notes issued are not to
exceed $500 million, as provided in section twenty-seven, article
one, chapter twenty-two-c of the Code of West Virginia.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Edgell, Bailey,
Unger, McKenzie, Prezioso, Minard, Dempsey, Kessler, Jenkins and
Hunter offered the following resolution:
Senate Resolution No. 18-Designating February 15, 2006, as
"Higher Education Day".
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's educational system helps students
achieve their goals and meet the workforce needs of West Virginia
and the United States; and
Whereas, Not only does the educational system contribute to
the economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner its business and industry,
conduct groundbreaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 15, 2006, as
"Higher Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Interim Chancellor of the West
Virginia Higher Education Policy Commission, the Chancellor of the
Council for Community and Technical College Education, the
President of West Virginia Independent Colleges and Universities,
Inc., and each of the Presidents of West Virginia's independent and
public colleges and universities.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 39, Requesting Division of
Highways name bridge in Red House, Putnam County, "Ross Booth
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. 556, Relating to state parks and
recreation system operational contracts.
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, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso,
Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Oliverio--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. 556) 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, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe,
Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Oliverio--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. 556) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Bill No. 557, Removing requirement for Shady Spring
Turnpike interchange construction; restoring tolls to prior rates.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Tuesday, February 14, 2006, for amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Helmick, the following amendments to the
bill were reported by the Clerk and considered simultaneously:
On page twelve, section thirteen, line one, after the word
"to" by inserting the words "fix, revise,";
And,
On page thirteen, section thirteen, line twenty-nine, after
the word "five." by inserting the following: Such tolls, rents,
fees and other charges shall not be subject to supervision or
regulation by any other commission, board, bureau, department or
agency of the state.
Following extended discussion,
The question being on the adoption of Senator Helmick's
amendments to the bill (S. B. No. 557)
, the same was put and
prevailed.
Thereafter, at the request of Senator Sprouse, and by
unanimous consent, the remarks by Senators Helmick, Sprouse, Weeks,
Caruth and Guills regarding the adoption of Senator Helmick's
amendments to Senate Bill No. 557 were ordered printed in the
Appendix to the Journal.
The bill, as amended, was ordered to engrossment.
Engrossed Senate Bill No. 557 was then read a third time and
put upon its passage.
Following discussion,
The question being "Shall Engrossed Senate Bill No. 557 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Plymale, Prezioso,
Sharpe, Unger, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Sprouse and Weeks--2.
Absent: Fanning and Oliverio--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. 557) 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, Foster,
Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love,
McCabe, McKenzie, Minard, Minear, Plymale, Prezioso, Sharpe, Unger,
White, Yoder and Tomblin (Mr. President)--30.
The nays were: Sprouse and Weeks--2.
Absent: Fanning and Oliverio--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. 557) 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 Senators Sprouse, Minear, Guills
and Caruth regarding the passage of Engrossed Senate Bill No. 557
were ordered printed in the Appendix to the Journal.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 183, Creating certain special license plates.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page seventeen, section fourteen, lines three hundred eight
through three hundred ten, by striking out the words "a portrait of
the New River Bridge Arch as a background and displays the words
'Open for Business'" and inserting in lieu thereof the words "the
words 'Wild Wonderful'".
On motion of Senator Harrison, the following amendment to the
bill (Com. Sub. for S. B. No. 183) was next reported by the Clerk
and adopted:
On page fifty-two, section fourteen, after line one thousand
seventy-nine, by adding a new subdivision, designated subdivision
(50), to read as follows:
(50) The division may issue special registration plates
bearing an appropriate logo, symbol or insignia combined with the
words "SHARE THE ROAD" designed to promote bicycling in the state
as follows:
(A) Upon appropriate application, the division may issue a
special registration plate designed by the commissioner for any
number of vehicles titled in the name of the applicant.
(B) The division shall charge a special initial application
fee of ten dollars in addition to all other fees required by law.
This special fee is to compensate the Division of Motor Vehicles
for additional costs and services required in the issuing of the
special registration and shall be collected by the division and deposited in a special revolving fund to be used for the
administration of this section.
(C) An annual fee of fifteen dollars shall be charged for each
plate in addition to all other fees required by this chapter.
The bill (Com. Sub. for S. B. No. 183), as amended, was then
ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 245, Creating Consolidated Local
Government Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators McKenzie, Bowman, Hunter,
Kessler and Weeks.
Thereafter, at the request of Senator Kessler, and by
unanimous consent, the remarks by Senators McKenzie and Bowman were
ordered printed in the Appendix to the Journal.
At the request of Senator Edgell, unanimous consent being
granted, the remarks by Senator Kessler were ordered printed in the
Appendix to the Journal.
At the request of Senator Minard, and by unanimous consent,
the remarks by Senator Hunter were ordered printed in the Appendix
to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Fanning and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 16, 2006, at 11 a.m.
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