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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