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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