WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
SECOND DAY
____________
Charleston, W. Va., Thursday, January 11, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Billy Wayne Bailey, Jr.,
a senator from the ninth district.
Pending the reading of the Journal of Wednesday, January 10,
2007,
On motion of Senator McCabe, 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 Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Office of the Insurance Commissioner, submitting its schedule of maximum fees
paid to providers of medical services rendered to workers with
compensable injuries as required by chapter twenty-three, article
four, section three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Water Development
Authority, submitting its annual report, in accordance with chapter
twenty-two-c, article one, section seventeen of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the West Virginia
State Police, submitting its annual report on its effectiveness in
recruiting minorities and females as required by chapter fifteen,
article two, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Coal Mine Health and Safety, submitting its annual
report, in accordance with chapter twenty-two-a, article six,
section nine of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Board of Examiners in Counseling, submitting its annual report
as required by chapter thirty, article thirty-one, section five of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Board of Registration for Professional Engineers, submitting
its annual report, in accordance with chapter thirty, article
thirteen, section ten of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Bureau of Senior Services, submitting its annual report as
required by chapter sixteen, article five-p, section fourteen of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Children's Health Insurance Program, submitting its annual
report, in accordance with chapter five, article sixteen-b, section
three of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, submitting its annual report as required by chapter
twenty-four-a, article one-a, section two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Department of Health and Human Resources, submitting its annual
long-term care report, in accordance with chapter sixteen, article
five-c, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Natural Resources, submitting its annual report as
required by chapter twenty, article one, section seven of the code
of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Division of Personnel, submitting its annual report, in
accordance with chapter twenty-nine, article six, section seven of
the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Office of the Attorney General, submitting its annual consumer credit and protection report as required by chapter forty-six-a,
article seven, section one hundred two of the code of West
Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Pharmaceutical Cost Management Council, submitting its annual
report, in accordance with chapter five-a, article three-c, section
eight of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
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 Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 66--A Bill to amend and reenact §62-11C-4 of
the Code of West Virginia, 1931, as amended, relating to the West
Virginia Community Corrections Fund; and establishing fee collected
from persons on home incarceration.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 67--A Bill to amend and reenact §18-9D-15 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §18-9F-1, §18-9F-2,
§18-9F-3, §18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all relating
to school access safety; declaring legislative intent; authorizing
the School Building Authority to facilitate and provide funding for
enhancing the safe ingress and egress of pupils, school employees,
parents, visitors and emergency personnel to and from West Virginia
public schools; defining certain terms; providing for submission of
school access safety plans; providing for certain guidelines and
procedures by authority for plans, plan modifications and
evaluating projects; providing for allocation and distribution of
moneys to projects; creating a special account in the State
Treasury; and providing school access safety requirements for new
school buildings.
Referred to the Committee on Education; and then to the
Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 3, Urging federal government
designate part of U. S. Route 15 as National Heritage Area.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure; and then to the Committee on Rules.
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance direct Commission on Interstate
Cooperation study extradition.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Interstate
Cooperation; and then to the Committee on Rules.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study state and local tax structure.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance direct 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 Health and
Human Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 7, Requesting Joint Committee
on Government and Finance study state agencies' use of state-owned
facilities.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government Organization; and then to the Committee on Rules.
Senate Concurrent Resolution No. 8, Requesting Joint Committee
on Government and Finance study predatory mortgage lending
practices.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Banking and
Insurance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 9, Requesting Director of
Division of Homeland Security and Emergency Management repair
inoperative Integrated Flood Warning System.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance.
Senate Concurrent Resolution No. 10, Requesting state and
federal government recognize Berkeley and Jefferson counties as
part of historic Shenandoah Valley.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
Senate Concurrent Resolution No. 11, Requesting Joint
Committee on Government and Finance study affordable housing for
State Police.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 12, Requesting Joint
Committee on Government and Finance study beverage container
recycling.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 13, Requesting Joint
Committee on Government and Finance study defined benefit pension
plans and defined contribution pension plans.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Pensions;
and then to the Committee on Rules.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 12, 2007, at 11 a.m.
____________