WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
TENTH DAY
____________
Charleston, W. Va., Friday, January 19, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tim Pauley, Ministry
Leader, Capitol Ministries of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Thursday, January 18,
2007,
On motion of Senator Prezioso, 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 the following communication from the
Commission on Special Investigations:
WEST VIRGINIA LEGISLATURE
COMMISSION ON SPECIAL INVESTIGATIONS
CHARLESTON
November 30, 2006
West Virginia Legislature
Charleston, West Virginia
Pursuant to Chapter 4, Article 5, Section 2 of the West
Virginia Code, we submit the Twenty-Sixth Annual Report of the
Commission on Special Investigations to the West Virginia
Legislature.
Respectfully submitted,
Earl Ray Tomblin,
Senate,
Robert S. Kiss,
House of Delegates,
Cochairs.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 125, Providing certain veterans high school
diplomas.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Education.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Education.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution 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. 143--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9i, relating to exempting the purchase of certain
drugs, durable medical goods, mobility-enhancing equipment and
prosthetic devices from the consumers sales and service tax.
Referred to the Committee on Finance.
By Senators Boley, Yoder, Sprouse and Sypolt:
Senate Bill No. 144--A Bill to amend and reenact §51-3-18 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Governor to fill a judicial vacancy within sixty days after the
vacancy occurs.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Plymale, Foster, Stollings, Kessler,
Hunter and Sprouse:
Senate Bill No. 145--A Bill to amend and reenact §4-11A-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§5A-3-37 of said code; to amend and reenact §11-17-3 of said code;
to amend said code by adding thereto a new section, designated §11-
21-10b; to amend said code by adding thereto a new section,
designated §11-24-9d; to amend said code by adding thereto two new sections, designated §16-9A-1a and §16-9A-6; to amend and reenact
§16-9A-5 of said code; and to amend said code by adding thereto a
new article, designated §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4,
§33-16F-5 and §33-16F-6, all relating to funding programs to
discourage use of tobacco at levels recommended by the Centers for
Disease Control and Prevention out of the West Virginia Tobacco
Settlement Medical Trust Fund; giving preference to employers who
offer health insurance benefits to employees in state bidding
procedure; allowing a credit against corporate and personal income
tax for employers who provide exercise facilities and smoking
cessation programs to their employees; advertising tobacco
products; defining terms; banning the advertisement of tobacco
products at certain events; limiting brand name sponsorship of
certain events; creating exceptions; authorizing enforcement
through the Office of the Attorney General; providing for awards of
attorneys' fees and costs; and requiring health insurance plans to
cover the cost of smoking cessation services for its covered
people.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Barnes, Stollings and Yoder:
Senate Bill No. 146--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-27-38, relating to providing a tax credit to medical
providers in an amount equal to their investment in electronic
medical records technology.
Referred to the Committee on Finance.
By Senators Oliverio, Kessler, Helmick, Bailey, Stollings and
Hunter:
Senate Bill No. 147--A Bill to amend and reenact §7-18-2 of
the Code of West Virginia, 1931, as amended, relating to the hotel
occupancy tax generally; and allowing counties to increase the rate
of tax imposed to six percent.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Yoder, Foster, Stollings, Kessler and
Hunter:
Senate Bill No. 148--A Bill to amend and reenact §61-8-9 of
the Code of West Virginia, 1931, as amended, relating to providing
that breast feeding of a child in public or private shall not be
considered public indecency.
Referred to the Committee on Health and Human Resources.
By Senators Prezioso and Kessler:
Senate Bill No. 149--A Bill to repeal §49-7-31 of the Code of
West Virginia, 1931, as amended, relating to the establishment of
a special account in the Department of Health and Human Resources
as the Child Assessment or In-State Placement Fund.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Barnes and Love:
Senate Bill No. 150--A Bill to amend and reenact §3-8-12 of
the Code of West Virginia, 1931, as amended, relating to limitation of distributing, handing out or otherwise dispensing public moneys
by elected officials within ninety days of elections.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger, Jenkins, Stollings, Kessler, Hunter, Love
and White:
Senate Bill No. 151--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-3-5a, relating to providing for immunization against
influenza virus and pneumococcal disease for elderly persons;
defining certain terms and phrases; providing that certain
hospitalized persons are informed of the availability of
vaccination against influenza; providing time frames to be
vaccinated; providing it is the responsibility of the person
administering a vaccination to determine whether an eligible person
has already received a vaccination; and providing the Department of
Health and Human Resources provide informational materials to
hospitals and other facilities concerning vaccinations against
influenza and pneumococcal disease.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 152--A Bill to repeal §29-21-10, §29-21-11 and
§29-21-12 of the Code of West Virginia, 1931, as amended; to amend
and reenact §29-21-2, §29-21-6, §29-21-8, §29-21-9, §29-21-13 and §29-21-13a of said code; and to amend said code by adding thereto
a new section, designated §29-21-3b, all relating to Public
Defender Services generally; defining certain terms; creating the
Indigent Defense Commission; specifying members and their terms;
specifying certain powers and duties of the Indigent Defense
Commission; authorizing public defender corporations to contract
with private attorneys; permitting the employment of full-time and
part-time attorneys; requiring public defender corporations to
submit monthly financial statements and reports; providing
requirements for the creation, activation and merger of public
defender corporations; providing for the order of appointment of
panel attorneys; removing certain sections relating to the funding
of public defender corporations; establishing requirements for
funding applications; requiring corporations to submit proposed
budgets; authorizing amended funding contracts; providing for
payment of fees to panel attorneys; and authorizing executive
director to establish guidelines for submission of claims and
vouchers.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Unger, Yoder, Kessler and Love:
Senate Bill No. 153--A Bill to amend and reenact §15-2-20 of
the Code of West Virginia, 1931, as amended, relating to increasing
the relocation expense allotment for members of the West Virginia
State Police when the transfer necessitates relocation of the
member's family.
Referred to the Committee on Finance.
By Senators Barnes, Yoder, Guills, Wells, Caruth, Love,
Sprouse and Sypolt:
Senate Bill No. 154--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-25a, relating to authorizing the West Virginia
Secondary School Activities Commission to create a mandatory drug-
testing program; prohibiting performance-enhancing drugs; creating
a medical advisory committee; publishing a list of banned
substances; penalties and appeals; and granting rule-making
authority.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Barnes, Yoder, Wells and Sypolt:
Senate Bill No. 155--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-1-3oo, relating to authorizing county commissions to
levy a tax on alcoholic beverages sold for on-site consumption;
limitations on tax; creation of special fund; and restricting use
of funds for regional jail costs, fire and rescue services and
law-enforcement activities only.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger and Kessler:
Senate Bill No. 156--A Bill to amend and reenact §15-2-33 of
the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to removing the cap on
scholarship funds for surviving dependent children of certain
deceased members of the West Virginia State Police.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 157--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-1-10, relating to requiring felons to report to
sheriff when visiting a county courthouse; and providing criminal
penalty for violation.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 158--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-13A-8a, relating to requiring public service
districts to comply with roadside construction posting and safety
standards; providing penalties for violations; and requiring public
service district boards to ensure compliance.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.
By Senator Bailey:
Senate Bill No. 159--A Bill to amend and reenact §18-5-4 of
the Code of West Virginia, 1931, as amended, relating to providing
members of county boards of education are paid eighty-five dollars per day and expenses for time spent in mandatory education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 160--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and
§29-29-6, all relating to state flood protection planning;
providing legislative findings; defining terms; establishing the
State Flood Protection Planning Council and authorizing certain
duties; establishing State Flood Protection Planning Advisory
Committee and setting forth its duties; and reporting to the Joint
Legislative Oversight Commission on Water Resources.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Love, Hunter, White, McKenzie, Foster and Kessler:
Senate Bill No. 161--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §31-20-30 and §31-20-31, all relating to providing
cost-saving measures in connection with providing medical care in
regional jails; allowing the imposition of reasonable medical
copays under certain circumstances for medical services rendered;
and limiting payments to outside providers of medical services to
amounts no greater than the reimbursement rate applicable under the
Department of Health and Human Resources Medicaid Program.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 162--A Bill to amend and reenact §17-2A-8 of
the Code of West Virginia, 1931, as amended, relating to requiring
legislative approval by concurrent resolution before a road,
highway or bridge may receive a memorial designation.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Bailey and Sprouse:
Senate Bill No. 163--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §37-6-31, relating to making the destruction of a
landlord's property which has been rented for residential purposes
a criminal offense; providing that damage greater than three
hundred dollars but less than one thousand dollars constitutes a
misdemeanor; providing that damage greater than one thousand
dollars constitutes a felony; providing that tenants who leave
trash when vacating a premises may be guilty of a misdemeanor if it
costs more than one hundred dollars to remove it; providing that
damage deposits be used to offset ascertainment of value of damage;
providing for the determination of prima facie evidence under
certain circumstances; providing that tenants or others in privity
of contract with landlords or lessors have a duty to report damage
not caused by themselves; and providing a criminal penalty for
failure to report the damage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 164--A Bill to amend and reenact §50-2-1 of
the Code of West Virginia, 1931, as amended, relating to giving
magistrates the authority to perform marriages; and allowing
magistrates to charge up to fifty dollars for performing a
marriage.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Yoder and White:
Senate Joint Resolution No. 6--Proposing an amendment to the
Constitution of the State of West Virginia, amending article III
thereof by adding thereto a new section, designated section twenty-
three, relating to providing for the recognition of the right of
the people to privacy.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Bailey and Yoder offered the following resolution:
Senate Concurrent Resolution No. 18--Requesting the Joint
Committee on Government and Finance study post-construction
stormwater runoff.
Whereas, In recent years, West Virginia residents and
businesses have endured repeated flooding in all parts of the
state; and
Whereas, The nearly constant rebuilding of West Virginia
communities after flooding has a significant impact on the West
Virginia economy; and
Whereas, Land development projects affect local watersheds and
increase stormwater run-off rates which cause flooding, stream
channel erosion, sedimentation problems and increased water-borne
pollutants; and
Whereas, Stormwater runoff, soil erosion and nonpoint source
pollution can be controlled through the regulation of stormwater
runoff from development sites; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study post-construction stormwater runoff; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 16, Requesting Division of
Highways rename Russell Creek Bridge in Huntington, Cabell County,
"Michael Dale Thomas Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 138, Repealing code section relating to
requirement nonresidents secure costs.
Senate Bill No. 139, Denying petition for name change in
certain cases.
Senate Bill No. 140, Relating to depositing certain moneys
into magistrate court fund.
Senate Bill No. 141, Providing family court jurisdiction over
sibling visitation petitions.
And,
Senate Bill No. 142, Providing penalty for illegally
possessing, possessing with intent to distribute or distributing an
iodine matrix.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Sharpe and Chafin.
Thereafter, at the request of Senator Minard, and by unanimous
consent, the remarks by Senators Sharpe and Chafin were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, the Senate adjourned until
Monday, January 22, 2007, at 11 a.m.
____________