WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
TWENTY-THIRD DAY
____________
Charleston, W. Va., Thursday, February 1, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Debra Renee Burkhardt, London, West Virginia, proceeded in the
singing of "The Prayer".
Pending the reading of the Journal of Wednesday, January 31,
2007,
On motion of Senator Bailey, 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2698--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-27-17, relating to authorizing the Board of Barbers
and Cosmetologists to increase fees for one year.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
The Senate proceeded 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. 70, Providing penalties for employing
unauthorized workers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 70 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §21-1B-2, §21-1B-3
and §21-1B-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated §21-
1B-6 and §21-1B-7, all relating to definitions; authorizing
commissioner limited access to state agency information to confirm
legal status of workers; criminal penalties for violations of
article relating to employing, hiring, recruiting or referring
unauthorized workers, falsifying records and evading record-keeping
requirements; denial of a deductible business expense; suspension
or revocation of license; and purpose of hearing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 175, Creating Clandestine Drug Laboratory
Remediation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 175 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, l931, as amended, by adding thereto a new article,
designated §60A-11-1, §60A-11-2, §60A-11-3, §60A-11-4, §60A-11-5
and §60A-11-6, all relating to regulation and procedures for the
remediation of clandestine drug laboratories; defining terms;
establishing a program of certification and licensing of persons
engaged in the business of remediation; providing for legislative
rules; authorizing the Department of Health and Human Resources to
establish fees for certification, licensing and notification
requirements; setting forth the responsibility of law-enforcement
agencies to notify the Department of Health and Human Resources and
residential property owners of the existence of a clandestine drug
laboratory; setting forth the responsibility of residential
property owners for remediation of clandestine drug laboratories;
providing immunity from liability for property owners who
successfully remediate a clandestine drug laboratory; and
establishing civil penalties for persons convicted pursuant to
subsection (d), section four, article ten of said chapter and whose
actions resulted in the necessity of remediation of a clandestine drug laboratory.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 175), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
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. 186, Continuing Board of Embalmers and Funeral
Directors.
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. 190, Continuing Board of Examiners of
Psychologists.
And,
Senate Bill No. 360, Extending time local levying bodies may
meet.
And reports the same back with the recommendation that they
each 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. 199, Creating Beckley-Raleigh County Building
Code Authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 199 (originating in the
Committee on Government Organization)--A Bill
to create the
Beckley-Raleigh County Building Code Authority to adopt and enforce
the State Building Code for the city of Beckley and Raleigh County.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 224, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to animal disease control.
Senate Bill No. 225, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to WV Plant Pest Act.
And,
Senate Bill No. 227, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to WV Agricultural Liming
Materials Law.
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,
Larry J. Edgell,
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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 226, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to noxious weeds.
And,
Senate Bill No. 233, Authorizing Conservation Agency
promulgate legislative rule relating to State Conservation
Committee.
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,
Larry J. Edgell,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 234,
Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Deputy
Sheriff Retirement System.
Senate Bill No. 235,
Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers'
Defined Contribution System
.
Senate Bill No. 237,
Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Public
Employees Retirement System
.
And,
Senate Bill No. 238,
Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund,
reinstatement and loan interest factors
.
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,
Dan Foster,
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 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. 242, Authorizing Department of Environmental
Protection promulgate legislative rule relating to standards of
performance for new stationary sources.
Senate Bill No. 243, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of air
pollution from combustion of solid waste.
Senate Bill No. 244, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of air
pollution from hazardous waste treatment, storage and disposal
facilities.
Senate Bill No. 245, Authorizing Department of Environmental
Protection promulgate legislative rule relating to emission
standards for hazardous air pollutants.
Senate Bill No. 246, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of
annual nitrogen oxide emissions.
Senate Bill No. 248, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of
annual sulfur dioxide emissions.
Senate Bill No. 249, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of air
pollution from combustion of refuse.
Senate Bill No. 250, Authorizing Department of Environmental
Protection promulgate legislative rule relating to ambient air
quality standards.
Senate Bill No. 252, Authorizing Department of Environmental
Protection promulgate legislative rule relating to surface mining
reclamation.
Senate Bill No. 253, Authorizing Department of Environmental
Protection promulgate legislative rule relating to coalbed methane
wells.
Senate Bill No. 254, Authorizing Department of Environmental
Protection promulgate legislative rule relating to voluntary
remediation and redevelopment.
Senate Bill No. 256, Authorizing Department of Environmental
Protection promulgate legislative rule relating to hazardous waste management system.
Senate Bill No. 257, Authorizing Department of Environmental
Protection promulgate legislative rule relating to Recycling
Assistance Grant Program.
Senate Bill No. 260, Authorizing Department of Environmental
Protection promulgate legislative rule relating to WV/NPDES rules
for coal mining facilities.
And,
Senate Bill No. 293, Authorizing Office of Miners' Health,
Safety and Training promulgate legislative rule relating to
standards for certification of coal mine electricians.
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,
Jon Blair Hunter,
Vice Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
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 Concurrent Resolution No. 10, Requesting state and
federal government recognize Berkeley and Jefferson counties as
part of historic Shenandoah Valley.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 10 (originating
in the Committee on Government Organization)--Requesting the State
of West Virginia and the United States federal government to fully
recognize that the counties of Berkeley and Jefferson in the State
of West Virginia are part of the beautiful and historic Shenandoah
Valley and part of the Shenandoah Battlefields National Historic
District and Commission.
Whereas, The State of West Virginia was part of the State of
Virginia until the twentieth day of June, one thousand eight
hundred sixty-three; and
Whereas, The counties of Berkeley and Jefferson were not
officially added to the new State of West Virginia until 1872 upon
the ruling of the United States Supreme Court; and
Whereas, The court ruling split the Shenandoah Valley into two
sections, with Berkeley and Jefferson counties being part of the
State of West Virginia and part of a political arm called the
Eastern Panhandle and the rest of the
Shenandoah Valley
being part
of the State of Virginia; and
Whereas, In 1996, the United States Congress established the
Shenandoah Valley Battlefields National Historic District and
Commission in the State of Virginia and did not include the
counties of Berkeley and Jefferson in the State of West Virginia;
and
Whereas, The Shenandoah Valley begins at the Potomac River in the State of West Virginia and continues southwestward to near the
city of Roanoke in the State of Virginia and is flanked by the Blue
Ridge Mountains to the east and by the Allegheny Mountains to the
west; and
Whereas, The Potomac River forms the northern boundary for the
counties of Berkeley and Jefferson in the State of West Virginia
and the Blue Ridge Mountains are in eastern Jefferson County and
the Allegheny Mountains are in western Berkeley County; and
Whereas,
The Shenandoah River flows northward and empties into
the Potomac River at Harper's Ferry, West Virginia; and
Whereas,
The Shenandoah Valley is divided into two parts, the
Upper Shenandoah Valley located southward and so named because of
its high elevation and the Lower Shenandoah Valley located
northward and so named because of its low elevation; and
Whereas,
The history of Berkeley and Jefferson counties is a
land full of famous patriots, people, wars, great events, legend
and lore; and
Whereas,
The following historical persons have contributed to
the history of Berkeley and Jefferson counties: George Washington;
Thomas Jefferson; Morgan Morgan; United States Senator Charles
James Faulkner; Revolutionary War Generals William Darke, Horatio
Gates, Charles Lee, Daniel Morgan and Adam Stephen; Davy Crockett;
James Rumsey, inventor of the steamboat; John Brown; Robert E. Lee;
"Stonewall" Jackson; J.E.B. Stuart; Turner Ashby; the Gray Ghost
and Confederate Spy, Belle Boyd; David Hunter and David Hunter
Strother (pen name "Porte Crayon"); and Martin Robinson Delaney, the highest ranking black officer in the Civil War; and
Whereas, Harpers Ferry,
Jefferson County, in the State of West
Virginia
is recognized as a historical area and the events which
transpired there enriched our country's heritage; and
Whereas,
The Great Wagon Road, later called the Valley
Turnpike, provided travel for Indians, the early pioneers and
Revolutionary and Civil War soldiers, crossed the counties; and
Whereas, Boydville in Berkeley
County is
a historic farm that
needs to be nationally recognized; and
Whereas,
The Shenandoah Valley was known as the "Breadbasket
of the Confederacy" because of its richness of fertile soils that
sustained life for farms and orchards; and
Whereas,
The counties are home to the following: The oldest
United States military unit in continuous existence since 1735; the
B & O roundhouses, landmarks in twentieth century industrial
architecture that replaced buildings destroyed during the famous
Civil War raid by General Jackson; the first rural free mail
delivery in America begun by United States Postmaster General
William L. Wilson, a son of Jefferson County; and Happy Retreat,
the home of Charles Washington; and
Whereas,
Berkeley and Jefferson counties
are the
birthplaces
of the following persons: United States President Andrew Jackson,
Senator and Governor of Virginia Harry Flood Byrd, baseball player
Hack Wilson, World War I Secretary of the War Newton D. Baker, the
Legend of Wizard Clip and western artist William Robinson Leigh;
and
Whereas,
Berkeley and Jefferson counties have been witness to
the great events, including the marriage of United States President
James and Dolly Madison; and
Whereas, The following
important
military actions took place
in
Berkeley and Jefferson counties: The Bee Line March; the Battle
of Falling Waters, which was the first engagement in the Shenandoah
Valley and the first cavalry action of the Civil War; the 1862
Battle of Harpers Ferry; the Jackson Valley Campaign; and Philip
Sheridan's successful Union Valley Campaign; and
Whereas,
The city of Martinsburg in Berkeley
County
is known
as the "Northern Gateway to the Shenandoah Valley", the "Queen
City" and is home to the famous Apple Pie Ridge, the first Apple
Carnival event held in 1909, the Apple Blossom and Apple Harvest;
and
Whereas,
Berkeley and Jefferson counties are the "Cradle of
America" and
should be eligible to become part of the Shenandoah
Valley Battlefields National Historic District and Commission and
be eligible for any other federal programs that are available for
the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests
the State of West
Virginia and the United States federal government to fully
recognize that the counties of Berkeley and Jefferson in the State
of West Virginia are part of the beautiful and historic Shenandoah
Valley and part of the Shenandoah Battlefields National Historic
District and Commission
; and, be it
Further Resolved, That Berkeley and Jefferson counties, West
Virginia, should be eligible to become part of the Shenandoah
Battlefields National Historic District and Commission and be
eligible for any other federal programs that are available for the
Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, West Virginia's congressional delegation, the
Governor of the State of West Virginia, the county commissions of
Berkeley and Jefferson counties, the mayors and city councils of
Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg,
Ranson and Shepherdstown
and the county commissioners of Berkeley
and Jefferson counties, West Virginia.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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 Unger, McKenzie and Foster:
Senate Bill No. 417--
A Bill to amend and reenact §11-16-19 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §60-6-9 of said code, all relating to prohibiting open nonintoxicating beer and alcoholic beverage containers in passenger
areas of motor vehicles; providing a penalty for violation; and
making the state's laws applying to the use and possession of beer
and alcoholic beverages in motor vehicles conform to federal law.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love and Facemyer:
Senate Bill No. 418--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-10-5z, relating to providing for the publication of
tax delinquencies on the West Virginia Tax Department website.
Referred to the Committee on Finance.
By Senators Love, White, McKenzie, Jenkins, Plymale, Edgell,
Stollings, Hunter and Kessler:
Senate Bill No. 419--
A Bill to amend and reenact §25-1-11d of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31-20-27 of said code; and to amend and reenact §49-5E-5a of said
code, all relating to providing a schedule of salary increases for
employees of the Division of Corrections, the Regional Jail and
Correctional Facility Authority and the Division of Juvenile
Services.
Referred to the Committee on Finance.
By Senators Minard, Fanning and Sharpe:
Senate Bill No. 420--
A Bill to amend and reenact §7-7-2 of the
Code of West Virginia, 1931, as amended, relating to transferring
certain in-service training programs from the State Tax Commissioner to the Auditor for certain county offices; and
transferring certain in-service training programs for circuit
clerks from the State Tax Commissioner to the Supreme Court of
Appeals.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 421--
A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to personal
income tax; providing a modification reducing federal adjusted
gross income for contributions to certain West Virginia public
institutions of higher education and certain educational
corporations, trusts, funds or foundations; and specifying
limitations.
Referred to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 422--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-18f, relating to school-based interpreters
generally; and establishing standards for school-based
interpreters.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Facemyer and Unger:
Senate Bill No. 423--
A Bill to amend and reenact §16-9A-3 of the Code of West Virginia, 1931, as amended, relating to increasing
the penalties for use or possession of tobacco or tobacco products
by a person under eighteen years of age; increasing fines and
community service requirements; and providing, upon a second
offense, for revocation of the person's junior or graduated
driver's license until eighteen years of age or if the person does
not yet have a driver's license, the person is ineligible to apply
for any type of driver's license until eighteen years of age.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 424--
A Bill to amend and reenact §17A-7-2 of
the Code of West Virginia, 1931, as amended, relating to one-trip
permits issued by the State Police; increasing the fee for
issuance; and providing that the State Police retain a portion of
the fee for administration and enforcement.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Kessler and McKenzie:
Senate Bill No. 425--
A Bill to amend and reenact §22C-2-1 and
§22C-2-5 of the Code of West Virginia, 1931, as amended, all
relating to the definitions of and security for loans made from the
Water Pollution Control Revolving Fund.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard and Love:
Senate Bill No. 426--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-32, relating to liquefied petroleum gas-consuming
equipment and appliances; business of selling at retail, supplying,
handling or transporting certain types of liquefied petroleum gas;
requiring certification of correctness as to design, construction
and performance of domestic and commercial liquefied petroleum gas-
consuming equipment and appliances; requiring installation of
liquefied petroleum gas-consuming appliances, equipment or other
components of a liquefied petroleum gas delivery system in
accordance with the instructions of the manufacturer of the
appliance, equipment or component; prohibiting the alteration,
modification, maintenance or repair of liquefied petroleum gas-
consuming appliances, equipment or other components of a liquefied
petroleum gas delivery system unless done in accordance with the
instructions of the manufacturer; providing protections from
liability for persons engaged in the business of selling at retail,
supplying, handling or transporting liquefied petroleum gas for
acts in which they did not participate; and using existing criminal
penalty provisions for violations.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey and Stollings:
Senate Bill No. 427--
A Bill to amend and reenact §30-4-3, §30-
4-5, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia Dental Practice Act; clarifying definitions; clarifying powers of
the board; clarifying temporary permits; and providing the
promulgation of a rule by the board for providing a copy of a
complaint to a dentist or dental hygienist.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Kessler, White, Stollings, Yoder, Love, Unger,
Hunter and Jenkins:
Senate Bill No. 428--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L-104,
§46A-6L-105 and §46A-6L-106, all relating to consumer protection
generally; defining certain terms; providing a procedure for
consumers to implement a security freeze to prohibit a consumer-
reporting agency from releasing all or any part of the consumer's
credit report or any information derived from it to entities with
whom the consumer has no existing relationship without the express
authorization of the consumer in certain circumstances; providing
for notice of consumer rights; providing civil penalties for
violations; making a violation an unfair or deceptive act or
practice; and providing for severability of the provisions of the
article under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 429--
A Bill to amend and reenact §29-3-12 of
the Code of West Virginia, 1931, as amended, relating to prohibiting a municipality from closing a fire department without
advance approval of the State Fire Marshal; and providing that the
office of the State Fire Marshal retain the proceeds from the sale
of specialized vehicles purchased by that office.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard,
Plymale, White, Boley, Stollings, Love and Foster:
Senate Bill No. 430--
A Bill to repeal §30-23-6a and §30-23-6b
of the Code of West Virginia, 1931, as amended; to amend said code
by adding thereto a new section, designated §30-3-7a; to amend and
reenact §30-23-1, §30-23-2, §30-23-3, §30-23-4, §30-23-5, §30-23-6,
§30-23-7, §30-23-8, §30-23-9, §30-23-10, §30-23-11, §30-23-12, §30-
23-13 and §30-23-14 of said code; and to amend said code by adding
thereto sixteen new sections, designated §30-23-15, §30-23-16, §30-
23-17, §30-23-18, §30-23-19, §30-23-20, §30-23-21, §30-23-22,
§30-23-23, §30-23-24, §30-23-25, §30-23-26, §30-23-27, §30-23-28,
§30-23-29 and §30-23-30, all relating to the practice of medical
imaging and radiation therapy; authorizing rulemaking for the Board
of Medicine to regulate radiologist assistants; changing the name
of the board; increasing the membership of the board; clarifying
license and permit requirements; defining scopes of practice;
hearing requirements; penalties; and continuation of the board.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Edgell and Love:
Senate Bill No. 431--
A Bill to amend and reenact §19-15A-1,
§19-15A-2, §19-15A-3, §19-15A-4, §19-15A-5, §19-15A-6, §19-15A-7,
§19-15A-8, §19-15A-9 and §19-15A-10 of the Code of West Virginia,
1931, as amended, all relating to the regulation of agricultural
liming materials; and updating definitions.
Referred to the Committee on Agriculture.
By Senators Hunter, White and Minard:
Senate Bill No. 432--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18B-8A-1, §18B-8A-2, §18B-8A-3, §18B-8A-4 and §18B-8A-
5, all relating to establishing the Faculty Excellence Act; setting
legislative goals for full-time and part-time faculty at state
colleges and universities with specific ratios to be met by two
thousand thirteen; and providing that each institution of higher
education establish a Faculty Restoration and Equity Fund for
legislative appropriations aimed at providing the resources
necessary to accomplish the goals of the act.
Referred to the Committee on Education.
By Senators Plymale and Edgell:
Senate Bill No. 433--
A Bill to amend and reenact §5-16-5 and
§5-16-25 of the Code of West Virginia, 1931, as amended, all
relating to public employees' insurance; requiring the percentage
charged to employees be adjusted to reflect changes in deductibles,
copays and coinsurance, including any reduced cost derived from
decreases in utilization of medical or prescription drug costs;
allowing the investment of the Reserve Fund with the Investment Management Board; and requiring that the interest earned be
credited to the retiree subsidy allocations.
Referred to the Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 434--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §30-5-12c and §30-5-12d; and to amend said code by
adding thereto a new section, designated §46A-2-139, all relating
generally to pharmacists and pharmacies; requiring that
prescription information containing patient-identifiable and
prescriber-identifiable data remain confidential; exceptions; and
providing that a violation of confidentiality is actionable as an
unfair or deceptive practice under the West Virginia Consumer
Credit and Protection Act.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Prezioso, Minard, Sharpe, Boley, Plymale, Fanning,
Guills, Love, Deem, Bailey, Edgell, Oliverio, Sypolt and McKenzie:
Senate Joint Resolution No. 8--
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 the marriage protection amendment; prohibiting
the state from recognizing same sex marriages; prohibiting the
state from recognizing a legal status for relationships that is
similar to marriage; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 30--Requesting the Division
of Highways name the Harvey Street bridge in Williamson, Mingo
County, the "Pete Dillon Bridge".
Whereas, Pete Dillon is a life-long resident of Williamson,
Mingo County, and worked for the City of Williamson for 32 years;
and
Whereas, Pete Dillon served in several capacities for the City
of Williamson, including: General laborer, truck driver, Flood Wall
Supervisor and Street Commissioner. On March 31, 1978, he retired
as the Maintenance Supervisor for the Williamson Housing Authority
at Goodman Manor; and
Whereas, It is fitting that the bridge on Harvey Street in
Williamson, Mingo County, be named the "Pete Dillon Bridge" in
honor of his dedication to the City of Williamson; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the Harvey Street bridge in Williamson, Mingo County, the
"Pete Dillon Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Pete Dillon Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to Pete Dillon.
Which, under the rules, lies over one day.
Senators Bailey, Facemyer, Hall, Plymale, Stollings, Minard,
McCabe, Unger, Foster and Hunter offered the following resolution:
Senate Concurrent Resolution No. 31--Requesting the Department
of Administration name the Capitol Complex parking building the
"Oshel B. Craigo Parking Building".
Whereas, Oshel B. Craigo was elected to the West Virginia
House of Delegates in 1980 and elected to the Senate in 1982, where
he served until 2002; and
Whereas, The Honorable Oshel B. Craigo is a prominent West
Virginia businessman, with ventures in 20 counties and three other
states; and
Whereas, During his tenure in the Senate, the Honorable Oshel
B. Craigo served as the Senate Majority Leader during the 71st
Legislature and as Chairman of the Senate Committee on Finance
during the 72nd, 73rd, 74th and 75th Legislatures; and
Whereas, As Chairman of the Senate Committee on Finance, the
Honorable Oshel B. Craigo was instrumental in securing the $5.6
million needed for construction of the Capitol Complex parking
building, a four-level structure that accommodates 788 parking
spaces; and
Whereas, It is fitting that the Capitol Complex parking
building be named the "Oshel B. Craigo Parking Building" in
recognition of the public service of the Honorable Oshel B. Craigo; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Department of
Administration to name the Capitol Complex parking building the
"Oshel B. Craigo Parking Building"; and, be it
Further Resolved, That the Department of Administration is
requested to have made and be placed signs identifying the Capitol
Complex parking building as the "Oshel B. Craigo Parking Building";
and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Administration and to the Honorable Oshel B.
Craigo.
Which, under the rules, lies over one day.
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. 435 (originating in the Committee on
Government Organization)--A Bill
to amend and reenact §7A-1-4 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §7A-4-1
of said code, all relating to clarifying the
constitutional authority for the creation of a metro government;
increasing the time frame for a charter review committee to conclude its study; and providing plans for metro government
formation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
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. 436 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §7-1-3r of the Code of West
Virginia, 1931, as amended, relating to selection of executive
secretary for county commission on crime, delinquency and
correction; and removing circuit clerk from that position.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the ninth order of business.
Senate Bill No. 134, Requiring employers provide contribution
information to State Teachers Retirement System.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 166, Relating to Public Employees Retirement
System generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 180, Offering tax-free distributions from
certain retirement plans to pay certain premiums for public safety
officers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 208, Providing Supreme Court and Consolidated
Public Retirement Board notice when judge retires.
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 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:
Com. Sub. for Senate Bill No. 69, Authorizing electronically
transmitted prescription orders.
Com. Sub. for Senate Bill No. 96, Authorizing fire
department-owned apparatuses use yellow flashing lights.
Com. Sub. for Senate Bill No. 169, Requiring insurance
companies obtain title to certain totaled vehicles.
Com. Sub. for Senate Bill No. 192, Authorizing Commissioner of
Division of Corrections to issue warrants for certain inmates.
Senate Bill No. 354, Providing penalties for failure to report
to Alzheimer's Disease Registry.
Senate Bill No. 412, Providing penalties for hand held cell
phone violations by minor while driving.
Senate Bill No. 413, Clarifying procedures for seizing
abandoned, neglected or cruelly treated animals.
And,
Senate Bill No. 416, Creating misdemeanor offenses for
attempting to defeat drug or alcohol screening test.
At the request of Senator Chafin, and by unanimous consent,
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 Joint Resolution No. 5, Proposing amendment to
Constitution designated Sheriff Terms Amendment.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Joint Resolution No. 5 (originating in
the Committee on the Judiciary)--Proposing an amendment to the
Constitution of the State of West Virginia, amending section three,
article IX thereof, relating to allowing citizens to vote upon
extending the terms for the office of sheriff to three consecutive
four-year terms; eliminating the provision that if a sheriff serves
any portion of a term, it counts as one of the terms toward the
term limit; providing that no person serving in his or her second consecutive term as sheriff upon the ratification of this section
in two thousand eight shall be eligible to serve a third
consecutive term beginning in the year two thousand nine; numbering
and designating such proposed amendment; and providing a summarized
statement of the purpose of such proposed amendment.
With the recommendation that the committee substitute be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution (Com. Sub. for S. J. R. No. 5), 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. 196, Relating to juvenile custody.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 196 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §49-5-8 of
the Code of West Virginia, 1931, as amended, relating to the
responsibility of placing juveniles into the custody of the
Division of Juvenile Services; requiring arresting agency to be
responsible for transporting juveniles to Division of Juvenile Services' facilities; and authorizing juvenile facility to refuse
admittance to juveniles who are in need of medical attention until
written clearance is received from a physician.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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, Friday, February 2, 2007, at 11 a.m.
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