sdj-9th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
NINTH DAY
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Charleston, W. Va., Thursday, January 18, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ellen File, The Beckley Center of Burlington United Methodist Family Services, Beckley, West Virginia, and Associate Pastor, Oak Hill United Methodist Church, Oak Hill, West Virginia.
Pending the reading of the Journal of Wednesday, January 17, 2007,
On motion of Senator Kessler, 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 third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2051--A Bill to amend and reenact §17C-6-7 and §17C-6-7a of the Code of West Virginia, 1931, as amended, all relating to including lasers as a method of proving the speed of vehicles.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2052--A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to providing that the term "impersonation" of a public official or employee includes the act of operating a motor vehicle which falsely displays an official emblem or other marking connoting government sponsorship.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments.
And,
Senate Bill No. 105, Imposing surcharge on certain fees due Deputy Sheriff's Retirement Fund.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references, were 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 Caruth, Barnes, Boley, Guills, McKenzie, Sprouse, Yoder and Hall:
Senate Bill No. 124--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4 and §11-13W- 5, all relating to establishing the miners' health and safety equipment investment tax credit; definitions; specifying the method for determining the tax credit; and specifying when credit may be taken.
Referred to the Committee on Finance.
By Senators White, Prezioso and Hunter:
Senate Bill No. 125-- A Bill to amend and reenact §18-2-34 of the Code of West Virginia, 1931, as amended, relating to providing that veterans who serve during times of war or armed conflict prior to completing high school may receive their high school diploma under certain conditions.
Referred to the Committee on Military; and then to the Committee on Education.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 126-- A Bill to amend and reenact §11-24-3 of the Code of West Virginia, 1931, as amended, relating to updating meaning of "federal taxable income" and certain other terms used in West Virginia Corporation Net 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. 127-- A Bill to amend and reenact §5B-2E-3, §5B-2E-4, §5B-2E-5, §5B-2E-6, §5B-2E-7, §5B-2E-8, §5B-2E-9 and §5B- 2E-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5B-2E-7a, all relating to tourism development projects and tourism development expansion projects; definitions; modifying total amount of tourism development project tax credit available on or near reclaimed surface mining operation; modifying total amount of tourism development project tax credit available during calendar years; creating a tourism development expansion project credit; implementing a five million dollar tax credit maximum availability for tourism development expansion projects; authorizing the promulgation of rules to establish a tourism development expansion project application process; and establishing a termination date for action on applications for tourism development projects and validity of such projects not previously approved.
Referred to the Committee on Finance.
By Senators McKenzie, Prezioso and Barnes:
Senate Bill No. 128-- A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a license plate featuring Wheeling Jesuit University with the educational institution's insignia displayed on it.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 129--A Bill to amend and reenact §5-16-25 of the Code of West Virginia, 1931, as amended, relating to the authority of the Public Employees Insurance Agency to transfer excess reserve funds to the West Virginia Retiree Health Benefit Trust Fund.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 130--A Bill to amend and reenact §11-5-1 of the Code of West Virginia, 1931, as amended, relating to exempting one motor vehicle owned by a resident of this state on active duty in the United States armed forces from ad valorem taxes for any taxable year the person is on active duty.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Bowman, Bailey, Helmick, Boley, Prezioso, Barnes and Sypolt:
Senate Bill No. 131-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-17-16, relating to continuation of the Board of Registration for Sanitarians.
Referred to the Committee on Government Organization.
By Senator Unger:
Senate Bill No. 132-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-27-3a, relating to creating a specialty license for shampoo assistant to be regulated by the Board of Barbers and Cosmetologists.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bailey, Hunter and Foster:
Senate Bill No. 133-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-16G-1, §33-16G-2, §33-16G-3, §33-16G-4, §33-16G-5 and §33-16G-6, all relating to requiring health insurance plans to cover the cost of smoking cessation services for covered persons.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 134-- A Bill to amend and reenact §18-7A-13a, §18-7A-14, §18-7A-23 and §18-7A-24 of the Code of West Virginia, 1931, as amended, all relating to the State Teachers Retirement System; requiring employers to provide information for contributions to the State Teachers Retirement System; and clarifying terms in the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter, Unger, Foster, Wells, Tomblin (Mr. President), Bowman, Minard, Edgell, Jenkins, Prezioso, Bailey, Plymale, McCabe, Green, Sharpe, Helmick, Oliverio, Deem, Guills, Chafin, Yoder, Fanning, Love, Kessler, McKenzie, Stollings, Barnes, White and Sypolt :
Senate Bill No. 135-- A Bill to amend and reenact §18-19-1, §18-19-2 and §18-19-3 of the Code of West Virginia, 1931, as amended, all relating to providing that, in addition to children, spouses of deceased service personnel are eligible for state-funded student financial aid resources.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Hunter, Wells, Prezioso, Minard, Yoder, Sharpe, Bailey and White:
Senate Bill No. 136--A Bill to amend and reenact §33-15-4b of the Code of West Virginia, 1931, as amended, relating to prohibiting insurers offering coverage for nursing services from limiting the definition of "scope of practice" for purposes of benefit determination.
Referred to the Committee on Banking and Insurance.
By Senators Bailey, Minard, Hunter, White, Chafin, Edgell, Green, Kessler, Prezioso, Yoder, Stollings and Love:
Senate Bill No. 137-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17A-13-1, §17A-13-2, §17A-13-3, §17A-13-4 and §17A-13- 5, all relating to regulating the use of automobile event data recorders, commonly known as "black boxes".
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 16--Requesting the Division of Highways rename the Russell Creek Bridge in Huntington, Cabell County, "Michael Dale Thomas Memorial Bridge".
Whereas, Michael Dale Thomas, a naval corpsman, served his country and state during the Vietnam War; and
Whereas, Sadly, Michael Dale Thomas was killed in action on January 11, 1969, in the Quang Nam province of South Vietnam; and
Whereas, The Russell Creek Bridge spans the Guyandotte River and connects U. S. Route 60 East with Riverside Drive and 5th Street in Altizer Addition; and
Whereas, Michael Dale Thomas lived on 4th Street in Altizer, less than two blocks from the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways rename the Russell Creek Bridge in Huntington, Cabell County, the "Michael Dale Thomas Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Michael Dale Thomas Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of the late Michael Dale Thomas.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being granted, Senator Chafin offered the following resolution from the floor:
Senate Concurrent Resolution No. 17-- Amending Joint Rule No. 3 of the Joint Rules of the Senate and House of Delegates relating to disagreement and conference.
Resolved by the Legislature of West Virginia:
That Joint Rule No. 3 of the Joint Rules of the Senate and House of Delegates be amended to read as follows:
Disagreement and Conference
3. (a) Whenever a measure of one house is amended in the other and the house in which it originated shall refuse to concur in the amendment, the house amending the measure may either insist or recede therefrom. But when a measure originating in one house is amended in the other, the house in which it originated may amend such amendment and a motion therefor shall take precedence of a motion to concur. If said house refuses to concur, the other house may either recede from or insist upon its amendment, and a motion to recede shall take precedence of a motion to insist. The motion to lay on the table or to postpone indefinitely shall not be in order in respect to the motion to recede from or to insist.
A motion to recede having failed shall be equivalent to the adoption of a motion to insist and shall be so entered upon the Journal. A motion to insist being decided in the negative shall be equivalent to the adoption of a motion to recede and shall be so entered upon the Journal. If the motion to insist prevails, the house so insisting shall request a committee of conference on the subject of disagreement, and shall appoint a committee therefor. The other house may thereupon appoint such committee. Unless a different number is agreed upon, such conference committee shall consist of five members from each house.
Such committee shall consider and report upon only the subject matter of the amendment or amendments which were in disagreement, with necessary consequential changes. The committee shall meet at a convenient time, to be agreed upon by their Chairmen, and upon notifying all conferees of the time and place of any such meeting, and having conferred freely, shall report to their respective houses the result of the conference. In case of agreement, the report shall be first made, with the papers referred accompanying it, to the house which refused to concur, and there acted upon; and such action, with the papers referred, shall be immediately reported by the Clerk to the other house. In case of disagreement, the papers shall remain with the house in which the measure originated. If an agreement is reached, the report shall be made and signed in duplicate by at least a majority of the conferees from each house, one of the duplicates being retained by the conferees of each house.
(b) With respect to any conference agreed to within the first fifty-one days of a regular session, the conference committee shall report to each house within seven days of agreement to conference or be discharged, except that upon a concurrent resolution duly adopted by a majority of those present and voting in each house, the President of the Senate and Speaker of the House of Delegates may extend the conference not to exceed an additional three days. In no event shall a conference committee report to each house later than ~~6:00~~ 9:00 P.M. on the sixtieth day.
With respect to any conference agreed to after the fifty-first day of a regular session, or any time during any extraordinary session, the conference committee shall report to each house within three days after agreement to conference or be discharged, except that such conference may be extended by concurrent resolution duly adopted by a majority of those present and voting in each house, for a period not to exceed one additional day. In no event shall a conference committee report to each house later than ~~6:00~~ 9:00 P.M. on the sixtieth day.
Any conference committee which fails to report within the time limits established by this rule shall be deemed to be discharged, and the papers referred shall remain with the house in which the measure originated.
Any conference report shall, upon recognition by the presiding officer, be communicated to each house by its Clerk and made available to members of each house. Each house shall designate a location or office where copies of such report shall be made available. The Clerk shall communicate availability of conference reports by an announcement to the members of said house during the session. Such announcement can be made at any time upon recognition by the presiding officer, and the Clerk shall duly note the time of said announcement. Except as provided herein, the conference report shall lie over one day and shall not be considered in either house until at least the next day following, but thereafter it shall be proper to take up consideration of the conference report at any time otherwise permitted by the rules of such house whether or not such house met on the preceding day: Provided, That after the fifty-ninth day of any regular session or on any day of any extraordinary session a conference committee report may be considered the same day if availability of written copies of such report is communicated to that house while in session at least two hours prior to any consideration: Provided, however, That the conference report may be taken up for immediate consideration at any time by two-thirds vote of the members of that house present.
Nothing herein shall affect the right of the presiding officer of either house to appoint or discharge any conference committee as heretofore provided, such right to appoint and discharge such committee being subject to the rules of each respective house.
The provisions of subsection (b) above shall not apply to the budget bill.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order.
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. 138 (originating in the Committee on the Judiciary)--A Bill to repeal §50-3-5 of the Code of West Virginia, 1931, as amended, relating to repealing the requirement that nonresidents secure costs.
Senate Bill No. 139 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to procedures for name change; and denial of petition if the circuit or family court judge makes a certain finding.
Senate Bill No. 140 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-3-4 of the Code of West Virginia, 1931, as amended, relating to deposit of certain moneys collected in magistrate court.
Senate Bill No. 141 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-2A-2 of the Code of West Virginia, 1931, as amended, relating to family court jurisdiction in sibling visitation proceedings.
And,
Senate Bill No. 142 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60A-10-15 of the Code of West Virginia, 1931, as amended, relating to providing a penalty for illegally possessing, possessing with intent to distribute or distributing an iodine matrix.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study effects of coal slurry.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Energy, Industry and Mining; and then to the Committee on Rules.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Helmick.
Thereafter, at the request of Senator Plymale, and by unanimous consent, the remarks by Senator Helmick were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 19, 2007, at 11 a.m.
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