WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
SIXTH DAY
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Charleston, W. Va., Monday, January 15, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jimmy Jacobes, West
Virginia District Pentecostal Church of God.
Pending the reading of the Journal of Friday, January 12,
2007,
On motion of Senator Jenkins, 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 Dental
Examiners, submitting its annual report as required by 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 Department of
Health and Human Resources, submitting its annual report of the
James "Tiger" Morton Catastrophic Illness Commission, in accordance with chapter sixteen, article five-q, 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 Environmental Protection, submitting its report
on coalbed methane wells as required by chapter sixty-four, article
three, section four 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 Jenkins and Hunter:
Senate Bill No. 79--A Bill to amend and reenact §5-10D-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §16-5V-1, §16-5V-2,
§16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6, §16-5V-7, §16-5V-8,
§16-5V-9, §16-5V-10, §16-5V-11, §16-5V-12, §16-5V-13, §16-5V-14,
§16-5V-15, §16-5V-16, §16-5V-17, §16-5V-18, §16-5V-19, §16-5V-20,
§16-5V-21, §16-5V-22, §16-5V-23, §16-5V-24, §16-5V-25, §16-5V-26,
§16-5V-27, §16-5V-28, §16-5V-29, §16-5V-30, §16-5V-31, §16-5V-32,
§16-5V-33 and §16-5V-34, all relating to the Consolidated Public
Retirement Board; providing that the board administer the Emergency
Medical Services Retirement System; reflecting the long-standing fiduciary obligation of Consolidated Public Retirement Board
members to the plans they administer; clarifying the personal
liability of board members to the retirement plans they administer;
clarifying that board members shall discharge their duties in
accordance with the law; establishing the Emergency Medical
Services Retirement System; setting forth definitions; providing
effective dates; establishing federal qualification requirements;
providing for liberal construction; providing that plan is not a
substitute for social security; providing for and setting
membership standards; setting forth required contributions from
members and employers; creating fund and providing for investments;
providing for transfer from Public Employees Retirement System;
setting time limits; setting forth notice requirements and
requiring a test case; commencement of benefits; federal law
maximum benefit limitations and minimum required distributions;
direct rollovers; providing for retirement credited through
member's use of accrued annual or sick leave; providing for
retirement benefits; setting forth annuity options; providing for
refunds in certain circumstances; deferred retirement; forfeitures;
awards and benefits for duty-related disability and for other
causes; physical examinations; termination of disability; prior
disability; awards and benefits to surviving spouse; additional
death benefits and scholarships for dependent children; burial
benefit; prohibiting double death benefits; loans to members;
exemption from taxation, garnishment and other process; qualified
domestic relation orders; fraud; criminal penalties; repayment; treatment of prior military service; pro rata reduction of
annuities; effective date; starting date for benefits; limitation
of county liability; and providing for no forfeiture of benefits if
system terminates.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter, Foster and Unger:
Senate Bill No. 80--A Bill to amend and reenact §11-16-8 of
the Code of West Virginia, 1931, as amended, relating to increasing
the distance that a beer licensee must be located from a public
playground, daycare facility, school or church from three hundred
to one thousand feet; and exempting current licensees from the one
thousand-foot requirement.
Referred to the Committee on the Judiciary.
By Senators Hunter and Foster:
Senate Bill No. 81--A Bill to amend and reenact §30-3-14 of
the Code of West Virginia, 1931, as amended, relating to physicians
and podiatrists generally; and establishing a presumption that
prescribing medications for other than a legitimate purpose is not
in the best interest of a patient and not in the course of the
physician's or podiatrist's professional practice.
Referred to the Committee on Health and Human Resources.
By Senator Hunter:
Senate Bill No. 82--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §62-
1E-1, §62-1E-2, §62-1E-3, §62-1E-4, §62-1E-5 and §62-1E-6, all relating to creating the Eyewitness Identification Reform Act.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 83--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, Unger and Sypolt:
Senate Bill No. 84--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
5-9c, relating to allowing a county board of education to enter
into a lease-purchase agreement for land, buildings and equipment.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 85--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §16-
3E-1, §16-3E-2, §16-3E-3, §16-3E-4 and §16-3E-5, all relating to
voluntary control and prevention of infections in hospitals,
ambulatory surgical centers and other health care facilities
generally; setting forth legislative findings and purposes;
defining certain terms; providing for the appointment of the
Infection Control Advisory Panel; and providing for the responsibilities and functions of the advisory panel.
Referred to the Committee on Health and Human Resources.
By Senators Hunter and Love:
Senate Bill No. 86--A Bill to amend and reenact §19-1B-6 of
the Code of West Virginia, 1931, as amended, relating to timbering
operations and notification of duration of such operations; and
providing verification of notice to adjoining landowners by
certified mail.
Referred to the Committee on Natural Resources.
By Senators Hunter, Wells, Foster, Love, Jenkins, Unger,
Sypolt and Stollings:
Senate Bill No. 87--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all monetary benefits derived from military retirement from
personal income tax obligations.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 88--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18A-2-14, relating to the term of contract for a person hired as
a coach in a county school system.
Referred to the Committee on Education.
By Senator Hunter:
Senate Bill No. 89--A Bill to amend and reenact §8-33-3 of the
Code of West Virginia, 1931, as amended, relating to allowing persons holding public office or employment on a part-time basis to
serve on county building commissions.
Referred to the Committee on Government Organization.
By Senators Unger, Wells, Foster, Hunter, Love and Jenkins:
Senate Bill No. 90--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new chapter, designated §5H-
1-1 and §5H-1-2, all relating to providing a death benefit to the
families of firefighters and EMS personnel who are killed as a
result of an injury arising out of and in the course of performance
of official duties or arising out of any activity on or off duty in
the capacity of a firefighter or EMS provider.
Referred to the Committee on Finance.
By Senator Foster:
Senate Bill No. 91--A Bill to amend and reenact §16-3-4 and
§16-3-5 of the Code of West Virginia, 1931, as amended, all
relating to providing medical and nonmedical exemptions from
mandatory immunizations for school children; requiring parental or
guardian affidavit of conscientious or religious belief; requiring
parents and guardians to assert their beliefs in an affidavit and
to present an affidavit affirming that they have completed an
educational course regarding the risks and benefits of
immunizations; providing that the affidavit be provided before the
exemption may apply; providing for submission of affidavit to
magistrate; providing for notification by magistrates; requiring
the development of certain rules governing the magistrate review
procedure; providing for the removal of students who are not immunized from school in times of emergency or epidemics; and
providing that the Commissioner of the Bureau for Public Health
may, by rule, add or delete diseases for which vaccines are
required for school attendance and provide for the membership of
the Immunization Advisory Committee.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Unger and Foster:
Senate Bill No. 92--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
establishing the "West Virginia Volunteer Firefighter Length of
Service Act".
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 93--A Bill to amend and reenact §33-31-1,
§33-31-2, §33-31-4, §33-31-6 and §33-31-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto three new sections, designated §33-31-26, §33-31-27 and
§33-31-28, all relating to captive insurance companies; providing
for sponsored captive insurance companies; requiring qualifications
of sponsors; and providing criteria for participation in sponsored
captive insurance companies.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 94--A Bill to amend and reenact §61-2-2 of the
Code of West Virginia, 1931, as amended, relating to providing for
mandatory review of life without parole sentence by the State
Supreme Court of Appeals.
Referred to the Committee on the Judiciary.
By Senators Barnes and Sypolt:
Senate Bill No. 95--A Bill to amend of the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-20-1e, relating to placement of instructional aides
for exceptional students; and providing for placement of aides
trained in working with autistic students.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger, Hunter and Jenkins:
Senate Bill No. 96--A Bill to amend and reenact §17C-15-26 of
the Code of West Virginia, 1931, as amended, relating to
authorizing fire department-owned apparatuses to use yellow
flashing lights for safety.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Jenkins, Oliverio and Chafin.
Thereafter, at the request of Senator Oliverio, and by
unanimous consent, the remarks by Senator Jenkins were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 16, 2007, at 11 a.m.
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