WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
SIXTEENTH DAY
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Charleston, W. Va., Thursday, January 25, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Evangelist Chic Barrett, Pine Grove
Church of Christ, Scott Depot, West Virginia.
Pending the reading of the Journal of Wednesday, January 24,
2007,
On motion of Senator Plymale, 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.
Senator Tomblin (Mr. President) presented a communication from
the Ron Yost Personal Assistance Services Program, submitting its
annual report, in accordance with chapter eighteen, article ten-l,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate 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. House Bill No. 2141--A Bill to amend and reenact §52-1-8
of the Code of West Virginia, 1931, as amended, relating to raising
the age at which a person may request to be excused from jury duty
from sixty-five to seventy.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2285--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 and certain other terms
used in West Virginia Personal Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2314--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.
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. 2315--A Bill to amend and
reenact §62-12-23 of the Code of West Virginia, 1931, as amended,
relating to notification of parole hearings; victim's right to be
heard; adding to the crimes committed by an offender for which the
preparation of a parole hearing notification form and notification
of release on parole is required; and establishing specific
requirements for the notice to be provided to the applicable
prosecutor, circuit court and law-enforcement agencies.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 21, Restricting licensee's work until adverse
judgment satisfied.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Government Organization pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 160, Establishing Flood Protection Planning
Council.
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 Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 171, Continuing Board of Accountancy.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 172, Continuing Board of Respiratory Care
Practitioners.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Government Organization pending.
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 Hunter, Minard and Unger:
Senate Bill No. 209--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Public Employees Insurance Agency Finance Board to assume
responsibility for medical and prescription coverage of retirees in
the event any Medicare Advantage Program contract is not renewed or
is otherwise terminated.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Foster, Minard, Barnes, Plymale, Bowman, Sprouse,
Hunter, Unger and Kessler:
Senate Bill No. 210--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to the
reduction of state income taxes for certain state and federal
retirees by increasing the exemption on retirement income in
calculating the federal gross income for state personal income tax
purposes.
Referred to the Committee on Finance.
By Senators Foster, Jenkins, Minard, Barnes, Plymale, Bowman,
Hunter, Unger and Kessler:
Senate Bill No. 211--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22j; and to amend said code by adding thereto a
new section, designated §18-7A-26u, all relating to providing one-
time supplements to all annuitants when they reach the age of
seventy.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso, Jenkins, Minard, Barnes, Hunter and
Unger:
Senate Bill No. 212--A Bill to amend and reenact §5-10-15 of
the Code of West Virginia, 1931, as amended, relating to providing
that any service in the United States armed forces up to five years is credited service toward retirement for members of the Public
Employees Retirement System.
Referred to the Committee on Military; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Minard, Sprouse, Hunter, Oliverio and
Unger:
Senate Bill No. 213--A Bill to amend and reenact §18A-4-2b of
the Code of West Virginia, 1931, as amended, relating to including
school psychologist with other professional school personnel for a
salary supplement and reimbursement for achieving national board
certification.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Bowman, Bailey, Helmick, Boley, Minard, Sprouse,
Hunter, Unger and Foster:
Senate Bill No. 214--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-30-14, relating to continuation of the Board of
Social Work Examiners.
Referred to the Committee on Government Organization.
By Senators Bailey, Minard and Plymale:
Senate Bill No. 215--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-21-12h, relating to providing a tax deduction on interest paid on student loans and automobile loans.
Referred to the Committee on Finance.
By Senators Bailey, Minard and Hunter:
Senate Bill No. 216--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §51-10-11, relating to authorizing the Administrator of
the Supreme Court of Appeals to oversee bail bondsmen; and
promulgation of rules.
Referred to the Committee on the Judiciary.
Senators Bailey, Tomblin (Mr. President), Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White and Yoder offered the following
resolution:
Senate Resolution No. 7--Designating January 25, 2007, as
"Community Action Day".
Whereas, Community action agencies in West Virginia have been
assisting low-income residents in all 55 counties for 35 years; and
Whereas, Community action agencies conduct programs to meet
the needs of low-income West Virginians. These programs consist of
Head Start, weatherization, housing, energy assistance, home
rehabilitation, job training and placement, nutrition for the
elderly and children, counseling, health, education welfare reform, family mentoring and many others; and
Whereas, Community action agencies, in partnership with
elected officials, the private sector and citizens of West
Virginia, continue to identify low-income conditions and pursue
solutions; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 25, 2007, as
"Community Action Day"; and, be it
Further Resolved, That the Senate invites members of the
Legislature and citizens of West Virginia to join in recognizing
the value and importance of community action programs in West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Community Action
Partnership.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators Bailey, Jenkins, Minard and Hunter offered the
following resolution:
Senate Resolution No. 8--Requesting the banking industry in
West Virginia extend financial consideration to military personnel
called to active duty.
Whereas, Thousands of West Virginia residents have been called to active military service since September 11, 2001; and
Whereas, The transition from civilian employment to military
service often causes severe financial hardship; and
Whereas, The provisions of the Servicemembers Civil Relief
Act, 50 United States Code Appendix, Section 501, et seq., are
sometimes inadequate to protect the financial interests of persons
called to active duty; and
Whereas, Persons called to defend the nation should not suffer
financial hardship because of their military service; and
Whereas, Banking institutions in West Virginia should consider
exceeding the obligations of the Servicemembers Civil Relief Act to
ensure that persons called to active duty do not suffer financial
hardship as a result of their military service; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the banking industry in West
Virginia to extend financial consideration to military personnel
called to active duty; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Commissioner of the Division of
Banking.
Which, under the rules, lies over one day.
Senators McKenzie, Barnes, Boley, Caruth, Deem, Facemyer,
Guills, Hall, Sprouse, Sypolt, Yoder, Edgell, Jenkins, Minard,
White, Bowman, Oliverio, Foster, McCabe, Love, Unger, Fanning, Bailey, Kessler, Plymale, Helmick, Chafin, Prezioso, Stollings,
Hunter, Green, Wells and Tomblin (Mr. President) offered the
following resolution:
Senate Resolution No. 9--Expressing full support for United
States troops participating in the War on Terror.
Whereas, The United States is at war against terrorists who
would take our lives and property in the name of their extremist
beliefs; and
Whereas, American troops are currently in harm's way defending
American freedom in locations across the globe, including Iraq and
Afghanistan; and
Whereas, Many of those servicemen and women are West Virginian
citizens or friends or relatives of West Virginian citizens; and
Whereas, Leaders in Washington, D. C., should do all that is
in their power to fund and support American soldiers, sailors,
airmen and Marines, with special emphasis placed on providing
adequate body armor for all military personnel in harm's way;
therefore, be it
Resolved by the Senate:
That the Senate hereby expresses its full support for United
States troops participating in the War on Terror; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of the United States,
the Secretary of the Department of Defense, the Chairman of the Joint Chiefs of Staff, the President of United States Senate, the
Speaker of the House of Representatives, the Secretary of the
United States Senate, the Clerk of the United States House of
Representatives and West Virginia's congressional delegation.
At the request of Senator Caruth, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 217 (originating in the Committee on
Government Organization)--A Bill to extend the time for the city
council of the city of Piedmont, Mineral County, to meet as a
levying body for the purpose of presenting to the voters of the
city an election to continue an additional municipal levy to
maintain the existing public streets, fire hydrants and lines for
the city of Piedmont and for payment of any obligation by the city
due to higher costs and for the purpose of paying all costs
incurred in the laying of this additional levy from between the
seventh and twenty-eighth days of March and the third Tuesday in
April until the thirty-first day of May, two thousand seven.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 218 (originating in the Committee on Finance)-
-A Bill making a supplementary appropriation of federal funds out
of the Treasury from the balance of federal moneys remaining
unappropriated for the fiscal year ending the thirtieth day of
June, two thousand seven, to the Supreme Court, fund 8867, fiscal
year 2007, organization 2400, to the Secretary of State - State
Election Fund, fund 8854, fiscal year 2007, organization 1600, and
to the Department of Transportation - Division of Motor Vehicles,
fund 8787, fiscal year 2007, organization 0802, by supplementing
and amending the appropriation for the fiscal year ending the
thirtieth day of June, two thousand seven.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 218) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Boley, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, White and Tomblin (Mr. President)--27.
The nays were: Barnes, Caruth, Deem, McKenzie and Sypolt--5.
Absent: Sharpe and Yoder--2.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 218 was then read a third time and
put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Yoder--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 218) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Yoder--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 218) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 21, Changing state welcome
signs to "Wild, Wonderful West Virginia".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government Organization.
Senate Concurrent Resolution No. 23, Requesting Joint
Committee on Government and Finance study feasibility of national
park in High Allegheny Region.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources; and then to the Committee on Rules.
The Senate proceeded to the tenth order of business.
Senate Bill No. 59, Relating to basic universal design
features for certain dwellings.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 148, Providing breast feeding
not considered public indecency.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 205, Clarifying violations of protective
orders.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Helmick, Hunter, Sprouse and
Chafin.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Yoder.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 25, 2007, at 11 a.m.
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