sdj-22nd day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
TWENTY-SECOND DAY
____________

Charleston, W. Va., Wednesday, January 31, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Thomas N. Chacko, St. Mary Queen of Heaven Catholic Church, Madison, West Virginia.
Pending the reading of the Journal of Tuesday, January 30, 2007,
On motion of Senator Wells, 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 Joint Committee on Government Operations:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT OPERATIONS
CHARLESTON

January 19, 2007

West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to §4-10-12 we hereby transmit to you this copy of the annual report of the Joint Standing Committee on Government Operations.
Sincerely,
Edwin J. Bowman,
Senate,
Cochair,
Jim Morgan,
House of Delegates,
Cochair.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 30th day of January, 2007, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(H. B. No. 2105), Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 15, Providing retention salary increases for certain Division of Corrections and Division of Juvenile Services employees.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 69, Authorizing electronically transmitted prescription orders.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 69 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-5- 1b, §30-5-12, §30-5-12b and §30-5-16b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §30-5-12c; to amend and reenact §30-7-15c of said code; and to amend and reenact §60A-3-308 of said code, all relating generally to the authorization of electronic prescribing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 96, Authorizing fire department-owned apparatuses use yellow flashing lights.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 96 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to authorizing fire department-owned apparatus to use yellow or amber flashing lights for safety.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 169, Requiring insurance companies obtain title to certain totaled vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 169 (originating in the Committee on Banking and Insurance)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 177, Creating Division of Energy.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 177 (originating in the Committee on Transportation and Infrasture)--A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2A-1, §5B-2A-3, §5B-2A-4, §5B-2A-5 and §5B- 2A-12 of said code; to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new chapter, designated §5H-1-1 and §5H-1-2; and to amend and reenact §22-3A-7 of said code, all relating to the creation of the Division of Energy within the Department of Commerce; charging the Division of Energy to develop energy policies; placing the Office of Coalfield Community Development within the Division of Energy; creating the position of Executive Director of the Division of Energy; charging Executive Director of the Division of Energy to administer functions of the West Virginia Public Energy Authority; providing executive director acts under the authority of the Secretary of Commerce; providing the executive director has authority over the Office of Coalfield Community Development and the Energy Efficiency Program of the West Virginia Development Office; providing the Public Energy Authority, the Office of Coalfield Community Development, executive director and other public agencies develop an energy policy and development plan and seek public input thereof; providing executive director is a nonvoting member of the Public Energy Authority; requiring submission of an energy policy and development plan to the Governor and Joint Committee on Government and Finance; setting forth matters to be addressed in the energy policy and development plan; providing that the executive director shall prepare an energy use database; providing that the executive director shall promote initiatives to enhance the nation's energy security; providing that the executive director shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of emergency, inoperativeness or disaster; and providing funding for the Division of Energy.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 177), under the original double committee reference, was then referred to the Committee on Finance.
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. 192, Authorizing Commissioner of Division of Corrections to issue warrants for certain inmates.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 192 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-8-8, relating to authorizing the Commissioner of the Division of Corrections to issue orders of arrest for certain inmates who are no longer in the physical custody of the Commissioner; allowing division personnel to obtain criminal complaints and warrants for escapees and absconders; and entering data into all criminal reporting databases and other computerized systems for the reporting and apprehension of criminals and fugitives.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 219, Prohibiting smoking in motor vehicle when persons under eighteen are present.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 219 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to prohibiting smoking of tobacco products in a motor vehicle when an individual less than eighteen years of age is present; setting forth legislative findings; and providing penalties.
With the recommendation that the committee substitute do pass; but with the further recommendation that it first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
On motion of Senator Prezioso, the bill (Com. Sub. for S. B. No. 219) contained in the foregoing report from the Committee on Health and Human Resources was then referred to the Committee on the Judiciary.
Senator Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 247, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of ozone season nitrogen oxide emissions.
And,
Senate Bill No. 294, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to protective clothing and equipment.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 284, Authorizing Insurance Commissioner promulgate legislative rule relating to rate-filing requirements for title insurance companies.
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,
Joseph M. Minard,
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 Banking and Insurance pending.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 285, Authorizing Insurance Commissioner promulgate legislative rule relating to individual limited health benefits plans.
And,
Senate Bill No. 286, Authorizing Insurance Commissioner promulgate legislative rule relating to group limited health benefits plans.
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 the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 316, Authorizing Board of Risk and Insurance Management promulgate legislative rule relating to mine subsidence insurance.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 338, Expanding newborn screening.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 354, Providing penalties for failure to report to Alzheimer's Disease Registry.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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 Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 383--A Bill to amend and reenact §17A-3-4 of the Code of West Virginia, 1931, as amended, relating to an exemption for new residents of this state from payment of the privilege tax upon a showing that the applicant was not a resident of this state at the time the vehicle was purchased and the vehicle was properly titled in the applicant's previous state or jurisdiction of residence.
Referred to the Committee on Finance.
By Senators Edgell, Love and Facemyer:
Senate Bill No. 384--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20 and §19-9B-21, all relating to regulating the sale, possession and breeding of nonnative species; defining certain terms; creating the Nonnative Species Regulation Board; establishing duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of seized nonnative species and bonding requirements; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring permit to possess or breed nonnative species and providing permit application process and permit requirements; providing for exemptions; requiring identification number on nonnative species; establishing caging, care and treatment requirements; requiring liability insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions under which nonnative species may be seized; and establishing civil and criminal penalties.
Referred to the Committee on Agriculture.
By Senators Minard and Kessler:
Senate Bill No. 385--A Bill to amend and reenact §31-17-1, §31-17-4 and §31-17-11 of the Code of West Virginia, 1931, as amended, all relating to defining "loan originator" to include individuals working for licensees, the majority of whose business consists of brokering; permitting bond claims by the Commissioner of Banking to collect unpaid civil administrative penalties and unpaid examination invoices while allowing priority for pending consumer claims; allowing the commissioner to publish aggregate annual report data; and permitting the commissioner to enter into information-sharing agreements with other mortgage regulators.
Referred to the Committee on Banking and Insurance.
By Senators Boley and Love:
Senate Bill No. 386--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exempting from public disclosure specific engineering plans of public utility plants and equipment.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Oliverio, Minard, Stollings, Kessler, Unger and Hunter:
Senate Bill No. 387--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24F-1-1a, relating to guaranteeing that honorably discharged veterans are afforded the opportunity to have bronze military grave markers placed on their graves.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Prezioso, Minard, Stollings and Foster:
Senate Bill No. 388--A Bill to amend and reenact §48-12-101, §48-12-102 and §48-12-103 of the Code of West Virginia, 1931, as amended, all relating to medical support provisions in child support orders; defining terms; establishing procedures for allocation of the costs of medical support between the parties to a child support order; and providing guidelines for setting medical support.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 389--A Bill to amend and reenact §20-1-2 of the Code of West Virginia, 1931, as amended, relating to including blue catfish in the definition of game fish.
Referred to the Committee on Natural Resources.
By Senators Unger and Stollings:
Senate Bill No. 390--A Bill to amend and reenact §49-6-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8D-4 of said code, all relating to parental manufacture, possession or distribution of a controlled substance while a child is present in the home; disposition of neglected children; and criminal penalty.
Referred to the Committee on the Judiciary.
By Senators Unger, Minard and Foster:
Senate Bill No. 391--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas; establishing a Service Members' Life Insurance Reimbursement Fund in the State Treasury; requiring promulgation of emergency rules; and providing for appropriations to the fund.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 392--A Bill to amend and reenact §20-2-22a of the Code of West Virginia, 1931, as amended, relating to removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 393--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-1-1a, relating to creating and providing for the Marketing and Communications Fund to be administered by the Department of Commerce.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler and Hunter:
Senate Bill No. 394--A Bill to amend and reenact §5-10-25 of the Code of West Virginia, 1931, as amended, relating to Public Employees Retirement System; and preventing reduction of disability pensions at age sixty-five.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Jenkins, Hunter and Foster:
Senate Bill No. 395--A Bill to amend and reenact §30-3A-1 and §30-3A-2 of the Code of West Virginia, 1931, as amended, all relating to the management of pain by physicians; eliminating the definition of "intractable pain" and defining the word "pain"; and making conforming amendments to the Pain Management Act.
Referred to the Committee on Health and Human Resources.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 396--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-29, relating to authorizing the Director of the Division of Natural Resources to exempt site-specific data on certain rare plant or animal species and their habitats from disclosure under the Freedom of Information Act.
Referred to the Committee on Natural Resources.
By Senator Bailey:
Senate Bill No. 397--A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to the Greyhound Breeding Development Fund; changing residency requirements to two years; defining Greyhound Breeding Development Fund disbursements; changing the twelve-month rule related to supplemental purse awards while providing financial incentive for whelping and consecutively housing accredited West Virginia-whelped greyhounds in West Virginia for longer than six months; requiring full and total distribution in the following year of any carry-over balance in the purse supplemental funds; and requiring greyhound racing kennels have a minimum number of accredited West Virginia- whelped greyhounds on their active racing list.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 398--A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration.
Referred to the Committee on Transportation and Infrastructure.
By Senator Kessler:
Senate Bill No. 399--A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; disposition of surrendered licenses; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; and requiring an applicant to pay a fee for each attempt at the written examination prior to obtaining an instruction permit.
Referred to the Committee on Transportation and Infrastructure.
By Senators Kessler, Guills, Jenkins, Caruth, Barnes and Plymale:
Senate Bill No. 400--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing for additional circuit court judges to be appointed to the fifth, ninth, tenth, thirteenth, nineteenth, twenty-second, twenty-third, twenty-fourth, twenty-sixth, twenty-seventh and thirtieth judicial circuits.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Barnes and Guills:
Senate Bill No. 401--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to the Public Service Commission generally; and directing the Public Service Commission to promulgate rules.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 402--A Bill to amend and reenact §18A-4-2, §18A-4-2a and §18A-4-8 of the Code of West Virginia, 1931, as amended, all relating to compensation of public school teachers and school personnel; increasing annual salaries of public school teachers; providing a one-time monetary incentive for school personnel; and increasing the annual salary bonus for classroom teachers with national board certification and the cap thereon.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 403--A Bill to amend and reenact §7-15-16 of the Code of West Virginia, 1931, as amended, relating to increasing the limitation requiring sealed bids for certain purchases and contracts entered into by emergency ambulance service authorities.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 404--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4 and §39A-4-5, all relating to card-not-present credit or debit transactions; defining terms; requiring merchant's access to terms of credit or debit card issuers' rules; limiting liability for fees; limiting merchant's liability for fees where credit or debit card issuer fails to assist merchant in investigating fraudulent transactions; limiting merchant's liability for fraudulent credit or debit transactions where bank fails to notify merchant of credit or debit chargeback within specified time; and limiting merchant's liability for card- not-present credit or debit transactions repudiated by customer.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Bowman and Plymale:
Senate Bill No. 405--A Bill to amend and reenact §12-3-1a and §12-3-1b of the Code of West Virginia, 1931, as amended, all relating to direct deposit; clarifying that only the Auditor receives authorization for direct deposit payment; permitting the Auditor to cease issuing paper warrants; and authorizing electronic notification for direct deposit payment.
Referred to the Committee on Government Organization.
By Senator Jenkins:
Senate Bill No. 406--A Bill to amend and reenact §11-4-3 of the Code of West Virginia, 1931, as amended, relating to including qualified continuing care retirement communities under the provisions of the Tax Limitations Amendment; and defining "qualified continuing care retirement community" and "qualified resident".
Referred to the Committee on Finance.
By Senators Unger, Hunter and Foster:
Senate Bill No. 407--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to allowing counties and municipalities to establish a child advocacy center authority; providing for the appointment, membership officers, meetings and terms of members; providing for employees, equipment and buildings; setting forth certain powers; providing that counties and municipalities may contribute funds to a child advocacy center; specifying that charitable contributions to these child advocacy center authorities are tax deductible; and requiring each authority to establish facilities in which single interviews of abused and neglected children by interagency representatives may be undertaken at the same time.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 408--A Bill to amend and reenact §11A-2-18 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-3-2 of said code, all relating to clarifying when payment for delinquent real estate taxes are due in sheriffs' tax offices.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 409--A Bill to amend and reenact §4-11A-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §19-1-4 of said code; and to amend said code by adding thereto a new section, designated §19-1-4e, all relating to the Tobacco Settlement Fund; duties of the Commissioner of the Department of Agriculture; duty to assist farmers to make the transition from growing tobacco to growing other crops or pursuing other agriculture-related businesses; creating the Transition Program for Tobacco Farmers' Fund; and creating the Transition Program for Tobacco Farmers.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
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. 410 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia Supreme Court of Appeals to create a panel of senior status magistrate assistants.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 410) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
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. 411 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25-1B-1, §25- 1B-2, §25-1B-3, §25-1B-4, §25-1B-5, §25-1B-6 and §25-1B-7, all relating to creation of the West Virginia Correctional Center Nursery Act; defining terms; establishing eligibility requirements and terms of participation; providing for termination from the program; authorizing rules; authorizing collection of child support; requiring assignment of child support to the Division of Corrections; requiring a portion of child support and other moneys collected on behalf of a mother or child to be saved and given to the mother upon her release; creating the Correctional Center Nursery Fund; authorizing the Division of Corrections to accept grants, gifts and other moneys; authorizing expenditures from the fund; and allowing voluntary regulation of the program.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 411) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
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. 412 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to providing penalties for violation of prohibited use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two intermediate driver's license.
And,
Senate Bill No. 413 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended, relating to clarifying procedures for hearing before magistrates involving the seizure of abandoned, neglected or cruelly treated animals.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 414 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §38-5B-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to establishing a flat fee for certain services rendered by circuit clerks; eliminating other miscellaneous fees charged by circuit clerks; and authorizing the circuit clerk to assess a fee for creating and administering certain special funds.
And,
Senate Bill No. 415 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §50-3-7 of the Code of West Virginia, 1931, as amended, relating to authorizing magistrate courts to assess a fee of twenty-five dollars for criminal records' checks.
And reports the same back with the recommendation that they each do pass; but with the further recommendation that they first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bills (S. B. Nos. 414 and 415) contained in the foregoing report from the Committee on the Judiciary were then referred to the Committee on Finance.
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. 416 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-412, relating to creating misdemeanor offenses for adulterating or defeating or attempting to adulterate or defeat bodily fluid test results and drug and alcohol tests; creating adulteration offenses; defining terms; and penalties for first, second and subsequent offenses.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting Division of Highways name bridge on State Route 119, Mingo County, "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 28, Designating December, 2007, as "West Virginia Legislature's Back to School Month".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
Senate Concurrent Resolution No. 29, Requesting U. S. Department of Agriculture's Forest Service, in developing proposed alternatives for Monongahela National Forest Plan Revision, consider value of well-managed forests to state.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 194, Relating to appeal bonds.
On third reading, coming up in regular order, was 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, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 194) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 336, Relating to higher education generally.
On third reading, coming up in regular order, was 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, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 336) 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, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 336) 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 tenth order of business.
Senate Bill No. 134, Requiring employers provide contribution information to State Teachers Retirement System.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 166, Relating to Public Employees Retirement System generally.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires.
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 Oliverio, Green and Kessler.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Green were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of the senator from Kanawha and on behalf of the Senate extended felicitations and good wishes to Senator Foster, with Senator Tomblin (Mr. President) leading the members in singing "Happy Birthday".
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 1, 2007, at 11 a.m.
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