WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRD DAY
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Charleston, W. Va., Friday, January 12, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Thursday, January 11,
2007,
On motion of Senator Minard, 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 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. 68--
A Bill to amend and reenact §22A-1-15 of
the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22A-2-4a; to amend and
reenact §22A-2-5 of said code; to amend and reenact §22A-7-5 of
said code; to amend said code by adding thereto a new section,
designated §22A-7-7; and to amend said code by adding thereto a new
article, designated §22A-11-1, §22A-11-2, §22A-11-3 and §22A-11-4,
all relating to coal mine health and safety; authorizing Director
of the Office of Miners' Health, Safety and Training to issue
closure orders for a history of violations demonstrating a
disregard for health and safety; prohibiting the use of a belt
conveyor entry as an intake air course and providing exceptions
thereto; providing requirements for the design, construction and
monitoring of sealed areas; prohibiting use of alternative seals
and providing for requirements for remediation of existing
alternative seals; prohibiting the use of bottom mining and
providing exceptions thereto; providing continuing education
requirements for a mine foreman-fire boss; and continuing the Mine
Safety Technology Task Force.
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. 69--
A Bill to amend and reenact §30-5-1b, §30-
5-12, §30-5-12b and §30-5-16b of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto a new section,
designated §30-5-12c; to amend and reenact §30-7-15c of said code;
and to amend and reenact §60A-3-308 of said code, all relating to the authorization of E-prescribing generally.
Referred to the Committee on Health and Human Resources.
By Senators McKenzie, Bowman, Kessler, McCabe, Hall, Love,
Wells and Hunter:
Senate Bill No. 70--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §21-
11-13a, relating to penalties for employment or use of unauthorized
workers by contractors or subcontractors; empowering the
commissioner and board to issue injunctions for violations; and
providing for suspension and permanent revocation of licenses and
fines.
Referred to the Committee on the Judiciary.
By Senators Bowman, McKenzie, Kessler and Hunter:
Senate Bill No. 71--
A Bill to amend and reenact §17A-3-1a of
the Code of West Virginia, 1931, as amended, relating to
prohibiting a person who has recently taken up residence in the
state who is in possession of a motor vehicle for more than sixty
days which is registered to another person not residing in the
state to operate said vehicle in the state without a West Virginia
registration and title.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Minard, Love, Sypolt, Jenkins and
Hunter:
Senate Bill No. 72--
A Bill to amend and reenact §16-2F-2,
§16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of
the Code of West Virginia, 1931, as amended, all relating to parental notification requirements for abortions performed on
unemancipated minors; defining terms; providing for waiver;
requiring notice to minors of right to petition the family court;
reporting requirements; providing remedies; specifying when notice
is not required; providing penalties; and providing severability
clause.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Bailey and Love:
Senate Bill No. 73--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
12-86a; and to amend and reenact §29-3-23 and §29-3-24 of said
code, all relating to legalizing and regulating the sale and use of
fireworks.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Hunter and Wells:
Senate Bill No. 74--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §20-
2-42x, relating to establishing a primitive weapons deer season;
and providing for the issuance of a primitive weapons deer hunting
license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senator Hunter:
Senate Bill No. 75--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated
§11-21-10b, relating to providing a nonrefundable earned income tax
credit from the state personal income tax for certain taxpayers
with qualifying children.
Referred to the Committee on Finance.
By Senators Kessler, Yoder, Plymale, Foster and Unger:
Senate Bill No. 76--A Bill to amend and reenact §60-3-22a of
the Code of West Virginia, 1931, as amended, relating to
establishing underage drinking as an unlawful act rather than a
status offense.
Referred to the Committee on the Judiciary.
By Senators White, Bailey, Hunter, Kessler, Wells, Sharpe,
Fanning and Unger:
Senate Bill No. 77--
A Bill to amend and reenact §46A-6J-3 and
§46A-6J-5 of the Code of West Virginia, 1931, as amended, all
relating to giving the Office of the Attorney General the power to
investigate and charge, at any time, home heating oil, gasoline or
other motor fuel price gouging.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Yoder, Stollings, Sprouse, Hall, Minard,
Plymale, Love, Wells, Jenkins, Hunter, Foster and Unger:
Senate Bill No. 78--
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated º46A-
2A-101 and º46A-2A-102, all relating to enabling a consumer to
direct a consumer reporting agency to place a "security freeze" on his or her credit report.
Referred to the Committee on the Judiciary.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, January 15, 2007, at 11 a.m.
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