sdj-38th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
THIRTY-EIGHTH DAY
____________

Charleston, W. Va., Friday, February 17, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Greg Hatfield, Mary's Branch Pentecostal Church of God, Matoaka, West Virginia.
Pending the reading of the Journal of Thursday, February 16, 2006,
On motion of Senator Chafin, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 49--Requesting the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial Bridge".
Whereas, In the early 1960s, Earl Stafford, unselfishly and in the interest of his fellow coal miners, underwent dangerous and vigorous medical testing to help determine the cause and effects of pneumoconiosis; and
Whereas, As is known today, this chronic disease of the lungs is an occupational disease which, in the case of Earl Stafford, is the result of repeated inhalation of coal dust; and
Whereas, The tests and studies that Earl Stafford permitted to be performed on him to determine the effects of pneumoconiosis have helped develop treatment for the disease as well as allow coal miners to receive compensation; and
Whereas, It is fitting that a lasting tribute be made to the memory of Earl Stafford; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge at the junction of Route 65 and Route 49 in Matewan, Mingo County, the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Earl Stafford Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
Referred to the Committee on Transportation and Infrastructure.
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. 50--Requesting the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge".
Whereas, Arnold J. Starr was born January 22, 1906, the son of Minnis and Nancy Marcum Starr; and
Whereas, Arnold J. Starr knew the importance of education. He attended Morehead State University in Kentucky, Concord College in Athens, Mercer County, and graduated with a degree in Early Childhood Education from Marshall University; and
Whereas, Arnold J. Starr was an educator in Mingo County and served as principal of Naugatuck Grade School and Red Jacket Junior High School. He also served as coach of the boys' basketball team; and
Whereas, In the 1940s, Arnold J. Starr purchased and operated a grocery store in Williamson until he was elected Mingo County Assessor, a position he held until January 1973. While serving as Assessor, he also served as President of the West Virginia County Officials Association and as a member of the West Virginia Assessors Association; and
Whereas, After leaving public service as an elected official, Arnold J. Starr continued to serve his community as an ordained minister. He also served the State of West Virginia in the National Guard where he obtained the rank of 1st Lieutenant. He was very active in a number of civic-minded organizations as well; and
Whereas, It is fitting that a lasting tribute be established to recognize the outstanding dedication and commitment Arnold J. Starr made to the State of West Virginia as an educator, elected county official and minister; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on U. S. Route 119 at Miller's Creek, Mingo County, also known as the North Nolan Bridge, the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways be requested to have made and be placed signs identifying the bridge as the "Arnold J. Starr Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the fourth order of business.
Senator 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 17th 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:
(S. B. No. 539), Relating to qualifications for Miners' Health, Safety and Training director.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
Richard Browning,
Chair, House Committee.
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. 112, Establishing Alzheimer's Disease Registry.
And,
Senate Bill No. 516, Finding and declaring claims against state.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 222, Creating fund to reimburse life insurance premiums for certain National Guard members.
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,
Joseph M. Minard,
Chair.
On motion of Senator Minard, the bill (S. B. No. 222) contained in the foregoing report from the Committee on Banking and Insurance 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. 383, Authorizing Division of Natural Resources promulgate legislative rule relating to miscellaneous permits and licenses.
And has amended same.
And reports the same back without recommendation as to passage; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
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. 439, Strengthening one-call system requirements for excavators' damage.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 439 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §24C-1-3 and §24C-1-5 of the Code of West Virginia, 1931, as amended, all relating to duties of operators of an underground facility; strengthening the one-call system requirements for persons excavating or performing demolition work in the vicinity of underground facilities by increasing the number of emergency response agencies to be notified in the event of resulting damage; defining emergencies; and providing criminal penalties for violating certain duties and responsibilities imposed in this article.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 468, Amending group accident and sickness insurance requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 468 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-16-2 of the Code of West Virginia, 1931, as amended, relating to group accident and sickness insurance requirements.
With the recommendation that the committee substitute 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. 477, Providing insurance coverage for certain female cancer detection tests.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 477 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-15-4c of said code; to amend and reenact §33-16-3g of said code; to amend and reenact §33-24-7b of said code; to amend and reenact §33-25-8a of said code; and to amend and reenact §33-25A-8a of said code, all relating to insurance coverage for mammograms, pap smears and human papillomavirus.
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. 477), under the original double committee reference, was then referred to the Committee on Banking and Insurance.
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. 550, Relating to landline telephone service agreements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 550 (originating in the Committee on Transportation and Infrastructure)-- 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; limiting telephone public utilities from using automatic renewal provisions in their landline customer service agreements; 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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 550), 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. 554, Clarifying use of Forensic Medical Examination Fund for certain nurses' training.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 554 (originating in the Committee on Health and Human Resources)--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.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 554), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 578, Allowing Public Service Commission to order takeover of certain utilities.
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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 587, Relating to increment pay for certain higher education faculty.
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,
Robert H. Plymale,
Chair.
At the request of Senator Edgell, unanimous consent being granted, the bill (S. B. No. 587) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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 Concurrent Resolution No. 27, Requesting Division of Highways name bridge at Pinch, Kanawha County, "Cross Brothers' Bridge" .
Senate Concurrent Resolution No. 28, Requesting Division of Highways name bridge at Keyser, Mineral County, "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, Memorial Bridge".
Senate Concurrent Resolution No. 31, Requesting Division of Highways rename Watson Bridge in Fairmont, Marion County, "Jim Costello Memorial Bridge".
Senate Concurrent Resolution No. 33, Requesting Division of Highways name bridge in Wellsburg, Brooke County, "John G. Chernenko Bridge".
And,
Senate Concurrent Resolution No. 39, Requesting Division of Highways name bridge in Red House, Putnam County, "Ross Booth Memorial Bridge.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Minard, Sharpe and Facemyer:
Senate Bill No. 616-- A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated consumer lenders; and providing safeguards for nonpublic personal information that consumers disclose to regulated consumer lenders or in the context of examination of regulated consumer lenders by the Division of Banking.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Sharpe and Facemyer:
Senate Bill No. 617-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-6L-1, §46A-6L-2, §46A-6L-3, §46A-6L-4, §46A-6L-5, §46A-6L-6, §46A-6L-7, §46A-6L-8 and §46A-6L-9, all relating to allowing those who wear contact lenses under valid prescriptions to purchase their lenses from their retailer of choice; providing that a prescriber of contact lenses who prescribes a brand of contact lenses to a patient, which brand is not certified by affidavit as being available in a commercially reasonable and nondiscriminatory manner to prescribers and directly to, and generally within, all alternative channels of distribution, may not also sell that brand to the same patient unless it is certified at the time of sale; requiring a certification to the Attorney General, West Virginia Board of Optometry and West Virginia Board of Medicine of a list of certain brands of contact lenses; providing exceptions to certification; providing for a listing of all brands of contact lenses that have been certified to be made available to all prescribers; providing a restriction on prescribing contact lenses, including an antikickback provision; providing enforcement mechanisms; and including criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Love, Bailey, Bowman, Facemyer, Fanning and Weeks:
Senate Bill No. 618-- A Bill to amend and reenact §46A-6-101 of the Code of West Virginia, 1931, as amended; and to amend and reenact §46A-6-105 of said code, all relating to encouraging consistent statutory construction of state and federal consumer protection laws; and providing an exemption for acts permitted by the Federal Trade Commission.
Referred to the Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 619-- A Bill to amend and reenact §33-20F-5 of the Code of West Virginia, 1931, as amended, relating to the governance and organization of the West Virginia Mutual Insurance Company; and removing a restriction limiting service on the board of directors of the company to two consecutive terms.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Edgell and Barnes:
Senate Bill No. 620-- A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to authorizing and encouraging county boards of education to share services of central office administrative personnel and to obtain these services from regional education service agencies.
Referred to the Committee on Education.
By Senators Foster and Hunter:
Senate Bill No. 621-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-19; and to amend and reenact §52-1-8 of said code, all relating to public health; recognizing health benefits of breastfeeding for both mother and infant; requiring Secretary of the Department of Health and Human Resources to develop program to encourage and recognize employers with mother-infant-friendly policies; requiring rules; and providing that breastfeeding mothers may be excused from jury duty.
Referred to the Committee on Health and Human Resources.
By Senators Unger and Plymale:
Senate Bill No. 622-- A Bill to amend and reenact §17A-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §20-7-12a of said code, all relating to proof of payment of personal property taxes as a prerequisite for registration or renewal of a vehicle or motorboat registration; providing for alternative methods of verification of tax payment; providing that current year tax receipts may substitute for previous calendar year tax receipts; and eliminating the requirement that a registrant who renews for two years furnish two previous calendar year receipts.
Referred to the Committee on Transportation and Infrastructure.
By Senator Unger:
Senate Bill No. 623-- A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum requirements relative to tethering or chaining dogs and including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect dogs from cruel treatment.
Referred to the Committee on the Judiciary.
By Senators Unger, Jenkins and Barnes:
Senate Bill No. 624-- A Bill to amend and reenact §49-6-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8D-4 of said code, all relating to parental manufacture, possession or distribution of a controlled substance while a child is present in the home; disposition of neglected children; and criminal penalty.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Boley, Bailey, Minard and Weeks:
Senate Bill No. 625-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senators Helmick and Minard:
Senate Bill No. 626-- A Bill to amend and reenact §11-21-74 of the Code of West Virginia, 1931, as amended, relating to personal income tax; requiring employers to submit copy of employee's withholding statement with an annual reconciliation of income tax withheld; and requiring employer with two hundred fifty or more employees to submit withholding statements electronically.
Referred to the Committee on Finance.
By Senators Helmick and Minard:
Senate Bill No. 627-- A Bill to amend and reenact §38-10C-2 of the Code of West Virginia, 1931, as amended, relating to tax liens; allowing facsimile signatures while eliminating the requirement for notarization of notices of tax liens and releases of tax liens when facsimile signatures are used; and making technical changes to the requirements of recordation and release of tax liens.
Referred to the Committee on Finance.
By Senators Helmick and Minard:
Senate Bill No. 628-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-10-11b, relating to creation of a fund in the State Treasury; designating the fund as the Special District Excise Tax Administration Fund; and authorizing expenditure of the fund for designated purposes.
Referred to the Committee on Finance.
By Senators Prezioso, Minard and Hunter:
Senate Bill No. 629--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3, §16-42-4, §16-42-5, §16-42-6 and §16-42-7, all relating to a study of the behavioral health system of West Virginia; creating a commission of public and private citizens; setting forth findings and purpose; setting forth requirements of the study; requiring the commission to submit periodic and final reports; and including a date certain for the conclusion of the commission's work.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Prezioso, Sharpe, McKenzie, Bowman, Boley, Helmick, Harrison, Minard, Facemyer, Fanning, Dempsey, Weeks, Guills, Lanham, Love, Chafin, Deem, Minear, Unger, Bailey , Plymale, Edgell and Barnes:
Senate Joint Resolution No. 12-- Proposing an amendment to the Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty- three, relating to the marriage protection amendment; prohibiting the State from recognizing same sex marriages; prohibiting the State from recognizing a legal status for relationships that is similar to marriage; 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.
Senator Weeks offered the following resolution:
Senate Concurrent Resolution No. 44- Requesting the Department of Administration name the state office building on Neville Street in Beckley, Raleigh County, the "Clarence W. Meadows Building".
Whereas, Clarence W. Meadows of Beckley, Raleigh County, was born February 11, 1904, the son of Isadore and Ida Meadows; and
Whereas, Clarence W. Meadows established a law practice in Beckley in 1928 and was elected to the West Virginia House of Delegates, serving from 1931 to 1932; and
Whereas, The Honorable Clarence W. Meadows was elected Raleigh County prosecuting attorney and served in that position from 1933 to 1936; and
Whereas, The Honorable Clarence W. Meadows served as Attorney General of West Virginia from 1937 to 1942; and
Whereas, In 1942, the Honorable Clarence W. Meadows was appointed judge of the Tenth Judicial Circuit; and
Whereas, In 1944, the Honorable Clarence W. Meadows was elected as West Virginia's twenty-second Governor and served from 1945 to 1949; and
Whereas, During his tenure as Governor, the Honorable Clarence W. Meadows was devoted to bringing West Virginia's economy back to peacetime conditions after World War II. He was instrumental in mediating a number of labor disputes during his term. More than any of his predecessors, he used radio to convey his message to the people of West Virginia; and
Whereas, After leaving office, Governor Clarence W. Meadows opened a law practice in Charleston, engaged in oil and gas ventures and held interests in three radio stations. In later years, he moved to Fort Lauderdale, Florida, and was active in that state's politics; and
Whereas, Sadly, the Honorable Clarence W. Meadows died September 12, 1961, in Clifton Forge, Virginia, leaving behind numerous worthwhile projects conceived and executed by him for the betterment of his beloved state of West Virginia; and
Whereas, It is fitting that a lasting tribute be made to the memory of the Honorable Clarence W. Meadows, former West Virginia Governor, prominent attorney and distinguished West Virginian; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of Administration to name the state office building located on Neville Street in Beckley, Raleigh County, the "Clarence W. Meadows Building"; 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 Administration and the Governor of West Virginia.
Which, under the rules, lies over one day.
Senators Sprouse, Yoder, Guills, Lanham, Minear, Barnes, McKenzie, Boley, Weeks, Caruth, Harrison, Facemyer, Deem, Dempsey, Foster, Bowman, McCabe, Love and Jenkins offered the following resolution:
Senate Resolution No. 21-Expressing support of the United States armed forces in Iraq.
Whereas, Thousands of West Virginians have served in Iraq alongside Iraqi and coalition forces in establishing a democratic government in Iraq; and
Whereas, The success of the United States armed forces in Iraq has led to the removal of Saddam Hussein as dictator, negotiations of an interim constitution, ratification of the Constitution, restoration of full sovereignty, introduction of a sound currency and gradual restoration of neglected infrastructure; and
Whereas, The United States armed forces have enabled Iraqis to welcome foreign capital, tax and commercial laws encouraging private-sector growth and a low-tariff trade regime opening its economy to the world; and
Whereas, Through the valiant effort of the United States armed forces, the Iraqi people have taken major steps in establishing democratic, constitutional order in Iraq and have defied terrorist threats by voting for the leaders of their country; and
Whereas, Under the leadership of President George W. Bush and Congress, the United States armed forces is making steady progress in fighting terrorists, meeting political milestones, building democratic institutions and bringing freedom to a troubled, oppressed region; therefore, be it
Resolved by the Senate:
That the Senate hereby expresses support of the United States armed forces in Iraq; and, be it
Further Resolved, That the Senate recognizes and honors the tremendous sacrifice made by West Virginians and other members of the United States armed forces and their families, along with members of the Iraqi and coalition forces and the Iraqi people; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the United States, the Secretary of the Department of Defense, the Chairman of the Joint Chiefs of Staff, the President of the Senate, the Speaker of the United States House of Representatives, the Secretary of the Senate, the Clerk of the United States House of Representatives and West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senators Oliverio, Prezioso, Hunter, Minear, Jenkins, Barnes, Dempsey, Unger, Minard, McKenzie, Foster, Bowman, McCabe and Love offered the following resolution:
Senate Resolution No. 22- Designating February 17, 2006, as "West Virginia University Day" and recognizing the West Virginia University Extension Service.
Whereas, The West Virginia University Extension Service, which is a primary outreach agency of West Virginia University, has offices in all 55 counties of our state and offers residents assistance in improving their lives and communities; and
Whereas, The West Virginia University Extension Service is a trusted source of knowledge and information for state residents seeking solutions to agricultural, industrial, health, domestic and educational concerns and issues; and
Whereas, The West Virginia University Extension Service conducts the 4-H youth development program, the state's largest youth organization. More than 7,000 volunteers assist youth in learning leadership, citizenship and life skills through local groups and camps in their counties and at the 4-H Camp at Jackson's Mill; and
Whereas, Since 1914, West Virginia University Extension Service agents and staff have been dependable, enthusiastic and effective partners with county commissions, school administrators, educators, law-enforcement personnel, health care providers, miners, farmers, families and civic leaders; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 17, 2006, as "West Virginia University Day" and recognizes the West Virginia University Extension Service; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of West Virginia University.
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.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Guills presented a petition from Pat Macey and numerous West Virginia residents, supporting Senate Bill No. 146 (Raising minimum wage).
Referred to the Committee on Labor.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
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. 630 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-6-37, relating to the cancellation or nonrenewal of combination insurance policies.
And reports the same back with the recommendation that it 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. 631 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §18-8-4 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance generally; and clarifying the summons or warrant and complaint process when a parent, custodian or guardian fails to comply with compulsory attendance laws and a magistrate finds probable cause to believe that a parent, custodian or guardian has committed the offense.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 632 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-8-1a, §3-8-2b and §3-8-8 of the Code of West Virginia, 1931, as amended, all relating generally to electioneering communications; definitions; excluding candidates for federal office from requirement to disclose electioneering communications; and clarifying effect of electioneering communications provisions on provision regarding corporate contributions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 633 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-37 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §18-9A-27, §18-9A-28 and §18-9A-29, all relating to requiring a study on advanced placement, international baccalaureate and dual credit courses; providing each county meeting the definition of critical shortage area and each county having one or more subject matter critical shortage areas with potential for additional funding and the authority to contract with teachers on a more timely basis; encouraging the use of federal funds for teacher recruitment and retention purposes; and providing an allowance for technology integration specialists.
And reports the same back with the recommendation that it do pass; but with the further recommendation it first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Edgell, unanimous consent being granted, the bill (S. B. No. 633) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Edgell, the bill was referred to the Committee on Finance.
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. 634 (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 §5-22A-17, relating to exempting certain projects of certain higher education institutions from the Design-Build Procurement Act; imposing requirements for those projects; authorizing the leasing of property to the developer as part of the project; authorizing the developer to own the improvements and/or manage or operate the project; and setting forth provisions relating to the selection of the developer and the development agreement.
And,
Senate Bill No. 635 (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 §18-5-47, relating to requiring flood insurance on certain buildings owned by a county board of education and the contents of those buildings.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Edgell, unanimous consent being granted, the bills (S. B. Nos. 634 and 635) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 1, Requesting Division of Highways name bridge at Allen Junction, Wyoming County, "Staff Sergeant Grover Robert Taylor Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 15, Requesting Department of Transportation name Division of Motor Vehicles' facility in Williamson, Mingo County, "Tom C. Chafin Division of Motor Vehicles Memorial Facility".
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 19, Requesting Division of Highways name bridge at Miller's Creek, Mingo County, "Arnold J. Starr Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was recommitted to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study divorce and custody laws.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 42, Requesting Joint Committee on Government and Finance study vocational, technical and adult education.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Rules.
Senate Concurrent Resolution No. 43, Requesting Joint Committee on Government and Finance study municipal policemen's and firemen's pension funds.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 245, Creating Consolidated Local Government Act.
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, Bowman, Chafin, Dempsey, Edgell, Facemyer, Foster, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin (Mr. President)--27.
The nays were: Boley, Caruth, Deem and Guills--4.
Absent: Fanning, Plymale and White--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 245) 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.
Senate Bill No. 223, Relating to examination of insurance and health care entities.
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. 236, Expanding definition of child abuse to include parental alcohol and substance abuse.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes.
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. 467, Amending group life insurance requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 548, Relating to basic universal design features for certain dwellings.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 47, Prohibiting local ordinances from discriminating against factory-built housing.
Com. Sub. for Senate Bill No. 157, Allowing municipalities use certain information to collect debts.
Senate Bill No. 269, Relating to parity for state-chartered banks' investments.
Com. Sub. for Senate Bill No. 396, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board.
Senate Bill No. 455, Relating to refusal to enforce priority of legislative business.
Senate Bill No. 529, Updating meaning of certain terms used in state Personal Income Tax Act.
Senate Bill No. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act.
Senate Bill No. 551, Relating to involuntary commitment process for addicted persons.
And,
Senate Bill No. 614, Relating to Auditor's authorization for direct deposit payment.
The Senate proceeded to the eleventh order of business and the introduction of guests.
At the request of Senator Edgell, unanimous consent being granted, the Senate returned to the sixth order of business.
Petitions
Senators Edgell and Kessler presented a petition from Dena Hall and numerous West Virginia residents, requesting the Legislature allow home-schooled children to participate in public school sports programs.
Referred to the Committee on Education.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Fanning, Plymale and White.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, February 20, 2006, at 11 a.m.
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