WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
EIGHTH DAY
____________
Charleston, W. Va., Wednesday, January 17, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator
from the eleventh district.
Pending the reading of the Journal of Tuesday, January 16,
2007,
On motion of Senator White, the Journal was approved and the
further reading thereof dispensed with.
The Clerk presented a communication from the Board of
Medicine, submitting its annual report, in accordance with chapter
thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
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. 66, Modifying home incarceration fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 66 (originating in the Committee
on the Judiciary)--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; establishing fee collected
from persons on home incarceration; setting fee amount; and
removing provision allowing modification of fee amount by
legislative rule.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 66), under the original
double committee reference, was then referred to the Committee on
Finance.
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 White, Prezioso, Hunter and Wells:
Senate Bill No. 101--A Bill to amend and reenact §5-1-26 of
the Code of West Virginia, 1931, as amended, 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 Guills, Barnes and Sypolt:
Senate Bill No. 102--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-2A-1, §61-2A-2 and §61-2A-3, all relating to the
castle doctrine generally; creating a presumption of reasonable
fear of imminent peril of death or great bodily harm when using
defensive force that is intended or likely to cause death or great
bodily harm to another; and granting immunity from criminal
prosecution and civil action.
Referred to the Committee on the Judiciary.
By Senators Guills, Barnes, Yoder, Foster and Unger:
Senate Bill No. 103--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-3, relating to prohibiting use of a handheld
cell phone while driving; providing exceptions; providing a penalty
for violations; and providing that points may not be assessed
against driver's license for a violation.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Foster, Hall, Oliverio, Edgell, McCabe, Deem,
Plymale, Minard and McKenzie:
Senate Bill No. 104--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §5-10D-9, relating to when the Consolidated Public
Retirement Board shall pay annuities.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Foster, Hall, McCabe, Oliverio, Deem, Edgell,
Plymale and McKenzie:
Senate Bill No. 105--A Bill to amend and reenact §7-14E-2 of
the Code of West Virginia, 1931, as amended, relating to imposing
a surcharge on county commissions for delinquent payment of fees
due the Deputy Sheriff's Retirement Fund.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Hunter, Minard, Prezioso, Kessler, Wells and
Guills:
Senate Bill No. 106--A Bill to amend and reenact §21-1B-5 of
the Code of West Virginia, 1931, as amended, relating to penalties
for employers who hire undocumented workers; increasing the penalty
for a first violation to include a two-year probationary period;
and increasing the penalty for a second violation to mandate a five
thousand-dollar fine as well as a five-year probationary period.
Referred to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 107--A Bill to amend and reenact §61-2-12 of
the Code of West Virginia, 1931, as amended, relating to abolishing
the presenting of a firearm or other deadly weapon as an element of
robbery in the first degree.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Plymale, Minard, Prezioso, Oliverio,
Unger, Wells and Guills:
Senate Bill No. 108--A Bill to amend and reenact §7-8-14 of
the Code of West Virginia, 1931, as amended, relating to requiring
defendants who are sentenced to jail to pay the costs of
incarceration; and requiring the sentencing court to conduct a
hearing at or before sentencing to determine the individual's
ability to pay the costs.
Referred to the Committee on Finance.
By Senators Jenkins, Plymale, Yoder and Guills:
Senate Bill No. 109--A Bill to amend and reenact §31-20-10 of
the Code of West Virginia, 1931, as amended, relating to regional
jail per diem charges; and requiring that the charge for a person
who is incarcerated for less than twenty-four hours be prorated.
Referred to the Committee on Finance.
By Senators Jenkins, Plymale, Barnes and Guills:
Senate Bill No. 110--A Bill to amend and reenact §3-1-16 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§3-4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-
5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by
adding thereto a new section, designated §3-6-2a, all relating to
the nonpartisan election of justices of the Supreme Court of
Appeals; timing and frequency of election; ballot design and
printing; separation from partisan ballot; nonpartisan election of justices; filing announcement of candidacies; withdrawal of
announcement of candidacies; refund of paid filing fees; and ballot
content and form.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 111--A Bill to amend and reenact §22-3-9 of
the Code of West Virginia, 1931, as amended, relating to surface
mining applications generally; and requiring the Director of the
Division of Environmental Protection to cause a title search to be
conducted to determine the ownership of the real estate and to
establish that the applicant has present ownership or lessee rights
to mine the real estate involved.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 112--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11-
28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-
12, §11-28-13 and §11-28-14, all relating to authorizing county
commissions to impose a recreation and amusement tax; requiring
approval by voters; providing legislative findings; specifying
maximum rate of tax; calculation of tax; taxable events, fees,
services and sales; accounting and reporting by vendor; exempted
fees, services and sales; collection and recordkeeping by county sheriffs; and dedication of funds.
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. 113--A Bill to amend and reenact §11-21-9 of
the Code of West Virginia, 1931, as amended, relating to updating
meaning of federal adjusted gross income and certain other terms
used in West Virginia Personal Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 114--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-6, relating to a monetary incentive for eligible
employees.
Referred to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 115--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17A-3-14a, relating to providing an extension for
members of the West Virginia Bar Association to apply for special
motor vehicle registration plates.
Referred to the Committee on Transportation and
Infrastructure.
By Senator McKenzie:
Senate Bill No. 116--A Bill to amend and reenact §61-8-28 of
the Code of West Virginia, 1931, as amended, relating to criminal
invasion of privacy generally; adding criminal offense of voyeurism
where an individual has an expectation of privacy; providing
misdemeanor penalties; providing exception for law-enforcement and
security surveillance; and limiting criminal prosecution pursuant
to said section to three years.
Referred to the Committee on the Judiciary.
By Senators Oliverio and Hunter:
Senate Bill No. 117--A Bill to amend and reenact §27-6A-1,
§27-6A-2, §27-6A-3, §27-6A-4, §27-6A-5, §27-6A-6, §27-6A-7,
§27-6A-8 and §27-6A-9 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections,
designated §27-6A-10 and §27-6A-11, all relating to the
determination of a person's competency to stand trial and of
criminal responsibility; addressing court jurisdiction over persons
found not guilty by reason of mental illness; requiring release
from jurisdiction of the court under certain circumstances;
requiring periodic review of person found incompetent to stand
trial; adding provisions for forensic evaluations and evaluators;
addressing evaluations of diminished capacity and dangerousness;
and providing responsibility of costs.
Referred to the Committee on the Judiciary.
By Senators Kessler, White, Foster, Hunter, Sprouse, McCabe,
Jenkins, Wells, Yoder, Edgell, Plymale, Love and Guills:
Senate Bill No. 118--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all
relating generally to providing an alternative public funding
option of election campaigns for candidates for the state Senate
and House of Delegates; setting forth short title and certain
legislative findings and declarations; defining terms; specifying
that the provisions of the act are applicable to candidates for the
offices of state Senate and House of Delegates; establishing a
Public Campaign Financing Fund and sources of revenue for the fund;
requiring an additional penalty assessment be imposed against
violators of administrative orders, rules of state governmental
agencies, boards and commissions; requiring an applicant for public
campaign funding to complete a declaration of intent and setting
forth the manner in which an application for funding may be made;
setting forth eligibility criteria for qualifying party and
independent candidates; allowing participating candidates to raise
from private sources and spend seed money contributions; requiring
candidates seeking public campaign funds to collect a required
number of qualifying contributions; requiring participating
candidates to comply with all provisions of the act; requiring the
State Election Commission to certify eligible candidates and
setting forth the procedure for certification; providing that
qualified candidates shall receive funding for election campaigns from the Public Campaign Financing Fund; specifying the amount of
funds available for each office and when the funds become
available; setting forth restrictions on participating candidates'
contributions and spending; prohibiting participating candidates
from accepting private contributions other than as specifically set
forth in the act; prohibiting the use of personal funds for certain
purposes; requiring certain disclosures; requiring candidates keep
records and report to the State Election Commission; providing for
matching public campaign funds when an opponent spends in excess of
the initial funding available to a certified candidate and for
independent expenditures on behalf of a nonparticipating or
certified opponent; setting forth certain duties of the State
Election Commission; providing for the deposit of certain revenue
into the fund; requiring repayment of excessive expenditures by
candidates; providing both civil and criminal penalties for
violations of the act; and setting forth an effective date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Hall:
Senate Bill No. 119--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9i, relating generally to exempting commissions
paid to telecommunications brokers from consumers sales and service
tax; and defining certain terms.
Referred to the Committee on Finance.
By Senators Hunter, Minard, Love, Prezioso and Unger:
Senate Bill No. 120--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended, relating to preventing
the Public Employees Insurance Agency from raising retired
employees' premiums more than five percent above premium rates in
effect on the first day of January, two thousand seven, until the
Legislature enacts a cost of living adjustment for retired
employees receiving annuities from public retirement plans
administered by the Consolidated Public Retirement Board.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President), Minard, Barnes and
Stollings:
Senate Bill No. 121--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-1F-1b, relating to tolling any state licensure or
registration requirement for persons on active duty in the United
States military.
Referred to the Committee on Military; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President), Plymale, Barnes, Unger
and Hall:
Senate Bill No. 122--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9i, relating generally to consumers sales and
service tax liability of homeowners' associations and their
members; exempting from tax dues, fees and assessments paid to homeowners' associations by members thereof; providing for
taxability and exemption of purchases by homeowners' associations;
and defining certain terms.
Referred to the Committee on Finance.
By Senators Bailey, Minard and Barnes:
Senate Bill No. 123--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-7-14, relating to traffic regulations; prohibiting
driving in the passing lane of a highway where the speed limit is
sixty-five miles per hour or more unless passing other vehicles,
turning left or unless the volume of traffic does not permit the
vehicle to safely merge into the nonpassing lane; and providing a
misdemeanor penalty for violations.
Referred to the Committee on Transportation and
Infrastructure.
Senators Hunter, Foster, Kessler, Minard, Oliverio, White,
Unger and Wells offered the following resolution:
Senate Concurrent Resolution No. 15--Requesting the Joint
Committee on Government and Finance study the effects of
underground injection of coal slurry on human health and the
environment.
Whereas, The underground injection of coal slurry is an
accepted method of coal slurry disposal for which the Department of
Environmental Protection issues permits; and
Whereas, The most recent information on the effects of
underground injection of coal slurry available to the Legislature indicates the potential for harmful effects; and
Whereas, The effects of the underground injection of coal
slurry may present serious public health and environmental
questions; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of underground injection of coal
slurry on human health and the environment; and, be it
Further Resolved, That the Department of Environmental
Protection, in conjunction with the Bureau for Public Health,
conduct or contract to have conducted a comprehensive study on the
effects of underground injection of coal slurry, including the
following:
(1)An analysis of the chemical composition of coal slurry,
including an inventory of organic and inorganic compounds;
(2)A hydrogeological study of the migration of coal slurry
or its constituent contaminants from injection wells into the
ground waters or surface waters of West Virginia;
(3)A toxicological analysis of the effects of the coal
slurry and its constituent contaminants on human health;
(4)An epidemiological study of the effects of coal slurry
and its constituent contaminants on public health in communities
where it is determined that coal slurry or its constituent
contaminants have migrated into ground waters currently or
historically used for domestic purposes;
(5)An environmental assessment of the effects on surface water and aquatic ecosystems of the migration of coal slurry or its
constituent contaminants into surface waters; and
(6)Any other considerations that the Department of
Environmental Protection and the Bureau for Public Health deem to
be important; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health ensure through multiple
sampling dates and locations that the resulting data identify
possible regional variation in the contents of coal slurry and
collect samples of sufficient quantity to provide testable
quantities; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health report to the Joint
Committee on Government and Finance on their findings, conclusions
and recommendations on or before the thirty-first day of December,
2007; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health prepare and submit a
request to the Joint Committee on Government and Finance setting
forth the anticipated time necessary to conduct each phase of the
study and, if any funds in addition to the current amounts
appropriated to the Department of Environmental Protection and the
Bureau for Public Health may be necessary to carry out the study
required herein, a specific proposal for additional funds; and, be
it
Further Resolved, That the expenses necessary to conduct this study, to prepare reports and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Petitions
Senator Hunter presented a petition from Woodrow Williams,
requesting the Legislature declare December 7 each year a state
holiday.
Referred to the Committee on Military.
Senator Hunter presented a petition from the members of the
Huntington Detachment #340 Marine Corps League, requesting the
Legislature to allow National Guard members to retire at age fifty-
five with twenty years of honorable service.
Referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 14, Urging Supreme Court
design additional data collection process for divorce and child
custody matters.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Fanning and Stollings.
The Senate next proceeded to the thirteenth order of business.
At the request of Senator Plymale, the name of Senator Plymale
was removed as a sponsor of Senate Bill No. 110 (Relating to
nonpartisan election of Supreme Court justices).
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 18, 2007, at 11 a.m.
____________