WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTEENTH DAY
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Charleston, W. Va., Monday, January 22, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable John Yoder, a senator from
the sixteenth district.
Pending the reading of the Journal of Friday, January 19,
2007,
On motion of Senator Love, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 17, Amending Joint Rule No.
3 of Joint Rules of Senate and House of Delegates relating to
disagreement and conference.
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 Oliverio, Chafin and Wells:
Senate Bill No. 165--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-2-35a, relating to the creation of a pilot program
to provide funding for certain public elementary schools
instituting school uniform policies.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Foster and McCabe:
Senate Bill No. 166--
A Bill to repeal §5-10-43 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §5-10-26,
§5-10-44 and §5-10-54 of said code, all relating to the Public
Employees Retirement System; removing the requirement that a former
disability retirant no longer disabled must be returned to the
employ of his or her former participating public employer;
permitting administrative hearing before disability retirement
termination; requiring reemployment lists; providing for preference
in hiring; clarifying procedures for reapplication by disability
retirants whose benefits were terminated for economic causes;
clarifying substantial gainful activity; clarifying right to
reapply for regular retirement benefits after termination of
disability benefits; clarifying interest; requiring termination of
benefits gained by false representation or false records; requiring
action to recover benefits gained by false representation or false
records; and authorizing rules.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 167--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §49-4-9, relating to requiring the Department of Health
and Human Resources to develop treatment facilities for children
with special needs in state.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 168--
A Bill to amend and reenact §46A-4-110 of
the Code of West Virginia, 1931, as amended, relating to the sale
of home and automobile membership plans by consumer lenders.
Referred to the Committee on Banking and Insurance.
By Senators Bowman, McCabe, Minard, Jenkins, Plymale and
Kessler:
Senate Bill No. 169--
A Bill to amend and reenact §17A-4-10 of
the Code of West Virginia, 1931, as amended, relating to salvage
certificates for certain wrecked vehicles; allowing vehicle owners
to retain certain vehicles declared totaled; requiring the
surrender of title and registration certificate; eliminating the
special revenue account; increasing criminal penalties; and
clarifying certain definitions.
Referred to the Committee on Banking and Insurance.
By Senator Hunter:
Senate Bill No. 170--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-5h, relating to prohibiting timbering operations
within five hundred feet of any stream in this state that harbors
native brook trout; and providing for criminal penalties for
persons who violate the prohibition.
Referred to the Committee on Natural Resources.
By Senators Bowman, Bailey, Helmick, Boley, Unger, Kessler and
Sypolt:
Senate Bill No. 171--A Bill to amend and reenact §30-9-32 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the Board of Accountancy.
Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Helmick, Boley, Unger and Kessler:
Senate Bill No. 172--A Bill to amend and reenact §30-34-17 of
the Code of West Virginia, 1931, as amended, relating to
continuation of the Board of Respiratory Care Practitioners.
Referred to the Committee on Government Organization.
Senators Bailey and Hunter offered the following resolution:
Senate Concurrent Resolution No. 19--Urging Congress pass the
Employee Free Choice Act.
Whereas, The freedom to form or join a union is
internationally recognized as a fundamental human right; and
Whereas, In 1935 the United States established, by law, that
workers must be free to form unions; and
Whereas, Union membership provides workers with better wages and benefits and protection from discrimination and unsafe
workplaces; and
Whereas, Unions benefit communities by strengthening tax
bases, promoting equal treatment and enhancing civil participation;
and
Whereas, When the right of workers to form a union is
violated, wages fall, race and gender pay gaps widen, workplace
discrimination increases and job safety standards disappear; and
Whereas, The Employee Free Choice Act has been introduced in
Congress in order to restore a worker's freedom to join a union;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to pass the
Employee Free Choice Act; and, be it
Further Resolved, That the Legislature hereby supports the
Employee Free Choice Act which would authorize the National Labor
Relations Board to certify a union as the bargaining representative
when a majority of employees voluntarily sign authorizations
designating that union to represent them, provide for first contact
mediation and arbitration, and establish meaningful penalties for
violations of a worker's freedom to choose a union; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the members of
West Virginia's congressional delegation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 18, Requesting Joint
Committee on Government and Finance study post-construction
stormwater runoff.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary; and then to the Committee on Rules.
The Senate proceeded to the ninth order of business.
Senate Bill No. 138, Repealing code section relating to
requirement nonresidents secure costs.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 139, Denying petition for name change in
certain cases.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 140, Relating to depositing certain moneys
into magistrate court fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 141, Providing family court jurisdiction over
sibling visitation petitions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 142, Providing penalty for illegally
possessing, possessing with intent to distribute or distributing an
iodine matrix.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 23, 2007, at 11 a.m.
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