WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
TWENTY-FOURTH DAY
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Charleston, W. Va., Friday, February 2, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tom Clark, Director, West
Virginia United Methodist Volunteers-in-Mission, Summersville, West
Virginia.
Pending the reading of the Journal of Thursday, February 1,
2007,
On motion of Senator Facemyer, 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 Department of Agriculture, submitting its annual report as
required by chapter nineteen, article one, section four of the code
of West Virginia.
Which communication and report were received and filed with
the Clerk.
Senator Tomblin (Mr. President) presented a communication from
the Education and State Employees Grievance Board, submitting its
annual report, in accordance with chapter eighteen, article twenty-
nine, section five of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 100, Requiring local school boards reimburse
mileage to school service personnel using own vehicle.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 100 (originating in the
Committee on Education)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18A-
2-14, relating to requiring local school boards to reimburse school
personnel for mileage expended for the use of their own vehicle in
the course of their employment at a minimum rate at least the same
as the state mileage reimbursement rate.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 100), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 332, Providing tuition waivers for children
and spouses of certain National Guard and active duty military
personnel.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education 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 Unger, Kessler, White and Hunter:
Senate Bill No. 437--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new chapter,
designated §5H-1-1, §5H-1-2 and §5H-1-3, all relating to providing
a death benefit to the families of firefighters, ambulance service
or rescue squad members, law-enforcement officers or National Guard
members who are killed in the performance of their duties.
Referred to the Committee on Finance.
By Senators Foster, McCabe, Edgell, Plymale, Hall and
McKenzie:
Senate Bill No. 438--A Bill to amend and reenact §12-6-2, §12-
6-4, §12-6-5, §12-6-9c and §12-6-12 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
section, designated §12-6-18, all relating to investment of moneys
by the West Virginia Investment Management Board; modifying the
definition of the term "securities" so that the prudent investor
standard set forth in the West Virginia Uniform Prudent Investor
Act is made the exclusive standard and source of restriction and
limitation on investments managed by the West Virginia Investment
Management Board; modifying the type and amount of bonds or
insurance coverage required to be obtained and maintained by the
Investment Management Board; authorizing the establishment and maintenance of a self-insurance account in connection with the
procurement and maintenance of insurance coverage by the Investment
Management Board; clarifying that the statutorily enumerated
investment powers of the board are illustrative rather than
restrictive; modifying provisions relating to authority of the
board to make certain investments in investment companies or
investment trusts registered under the Investment Company Act of
1940; eliminating restrictions and limitations on permissible
investments by the West Virginia Investment Management Board in
favor of the requirements, restrictions and limitations imposed
under the Uniform Prudent Investor Act; providing an exemption from
disclosure under the Freedom of Information Act in respect to
information concerning which disclosure is prohibited, restricted
or limited by standard confidentiality agreements, policies or
procedures of firms, companies or organizations through which the
West Virginia Investment Management Board invests, to the extent of
the prohibitions, restrictions or limitations; and specifying that
the provisions of the article are to be liberally construed to
effect the public purposes of the article.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 439--A Bill to amend and reenact §18-29-2,
§18-29-3, §18-29-4, §18-29-5, §18-29-7 and §18-29-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding
thereto a new section, designated §18-29-10a; to amend and reenact
§29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-
10 and §29-6A-12 of said code; and to amend said code by adding
thereto a new section, designated §29-6A-13, all relating to
grievance procedures for state employees, public education
employees and higher education employees; changing grievance
procedures; residential requirements for administrative law judges;
changing name of hearing examiner to administrative law judge; and
providing for binding arbitration.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Unger:
Senate Bill No. 440--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5,
§8A-13-6, §8A-13-7, §8A-13-8, §8A-13-9, §8A-13-10, §8A-13-11,
§8A-13-12, §8A-13-13, §8A-13-14, §8A-13-15, §8A-13-16, §8A-13-17,
§8A-13-18 and §8A-13-19, all relating to voluntary wetland
protection programs; providing legislative findings and purpose;
providing for county wetland protection programs while authorizing
wetland protection boards; authorizing county commissions to
approve purchases of wetland easements; providing for required
content of wetland protection programs; providing for wetland protection boards and the boards' powers and duties; establishing
the West Virginia Wetland Protection Authority and prescribing its
powers and duties; defining certain terms; setting forth methods of
wetland protection; authorizing owners of wetlands to offer
conservation and preservation easements; providing for the
valuation of conservation and preservation easements; providing
criteria to be used by county wetland protection boards and the
authority for acquiring easements; prescribing various means for
funding of wetland protection programs; and authorizing the
Commissioner of Natural Resources to propose rules.
Referred to the Committee on Natural Resources; and then to
the Committee on Agriculture.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 441--A Bill to amend and reenact §11-6A-5a of
the Code of West Virginia, 1931, as amended; to amend and reenact
§11-13-2o of said code; and to amend said code by adding thereto a
new section, designated §11-13-2p, all relating generally to tax
treatment of wind power projects; imposing limitation on salvage
valuation of facilities at a wind power project; increasing taxable
generating capacity of wind power-generating unit for business and
occupation tax purposes; and providing credit against additional
business and occupation tax liability for certain contractually
agreed contributions to specified counties, county school boards or municipalities.
Referred to the Committee on Finance.
By Senators Bowman, Jenkins, Plymale, Minard, McKenzie, White
and Hunter:
Senate Bill No. 442--A Bill to repeal §18-29-10 and §18-29-11
of the Code of West Virginia, 1931, as amended; to repeal §29-6A-5,
§29-6A-6, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to amend
and reenact §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-
29-6, §18-29-7, §18-29-8 and §18-29-9 of said code; to amend and
reenact §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-7, §29-6A-8
and §29-6A-9 of said code; and to amend said code by adding thereto
a new article, designated §29-6B-1, §29-6B-2, §29-6B-3, §29-6B-4,
§29-6B-5 and §29-6B-6, all relating to repealing the Education and
State Employees Grievance Board; creating the West Virginia
Employees Grievance Board with five members appointed by the
Governor; giving the board new powers, duties, rule-making
authority and data collection duties; eliminating and creating new
levels in the grievance process for both education and state
employees; increasing time frames in grievance process; making the
grievance process more fair, efficient and cost effective;
clarifying that higher education employees are part of the state
grievance process; clarifying definitions; disallowing supervisors
who evaluate from being representatives; removing hearing examiners
from the grievance process; clarifying and reorganizing general provisions; increasing time frames in grievance process; defining
default provisions; adding laches to state process; and clarifying
the procedures for conferences and hearings.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, White, Fanning, Kessler, Love, McKenzie
and Plymale:
Senate Bill No. 443--A Bill to amend and reenact §17-4-17b of
the Code of West Virginia, 1931, as amended, relating to
eliminating time schedules for utility relocation on highway
projects; placing liability and costs on the utility company for
failure to comply with proper removal notice; allowing the Division
of Highways to reimburse utility companies for subsequent
relocations due to plan change after a project is let to
construction; and providing for meetings between Division of
Highways and utilities.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Hunter, Foster, White, Kessler, Green and
McKenzie:
Senate Bill No. 444--A Bill to amend and reenact §21-5C-1 of
the Code of West Virginia, 1931, as amended, relating to removing
certain exceptions in the definitions of "employer" and "employee"
covered by the West Virginia minimum wage law.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senators Love, Facemyer, Unger, Barnes, McCabe, Chafin,
Hunter, Minard, Stollings, Jenkins, Oliverio, Caruth, Fanning,
Bowman, Bailey, Wells, Green, Edgell, McKenzie, Kessler, White,
Plymale, Guills and Foster:
Senate Bill No. 445--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2D-8, relating to providing a base salary and
retention salary increases for Division of Protective Services'
law-enforcement officers based on years of service; and excluding
the Director and Deputy Director of the Division of Protective
Services.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 446--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5,
§11-28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11,
§11-28-12, §11-28-13, §11-28-14, §11-28-15, §11-28-16, §11-28-17,
§11-28-18, §11-28-19, §11-28-20, §11-28-21, §11-28-22, §11-28-23,
§11-28-24, §11-28-25, §11-28-26, §11-28-27 and §11-28-28, all
relating to creating the First Class Cities Economic Development
District Act; and providing tax credits to businesses which invest in renovating deteriorated property in cities.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Caruth, Prezioso, Stollings, Jenkins, McKenzie and
Guills:
Senate Bill No. 447--A Bill to amend and reenact §16-1-4 of
the Code of West Virginia, 1931, as amended, relating generally to
the regulation of opioid treatment centers; and providing for
specific minimum requirements established by the rules provided in
said section.
Referred to the Committee on Health and Human Resources.
Petitions
Senator Boley presented a petition from D. Logan Wheatcraft
and numerous West Virginia residents, supporting Senate Concurrent
Resolution No. 21 (Changing state welcome signs to "Wild, Wonderful
West Virginia").
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 10, Requesting
state and federal government recognize Berkeley and Jefferson
counties as part of historic Shenandoah Valley.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 30, Requesting Division of
Highways name Harvey Street bridge in Williamson, Mingo County,
"Pete Dillon 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. 31, Requesting Department of
Administration name Capitol Complex parking building "Oshel B.
Craigo Parking Building".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 166, Relating to Public Employees
Retirement System generally.
On third 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.
Eng. Senate Bill No. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety
officers.
On third 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.
Eng. Senate Bill No. 208, Providing Supreme Court and
Consolidated Public Retirement Board notice when judge retires.
On third 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.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 69, Authorizing electronically
transmitted prescription orders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 96, Authorizing fire
department-owned apparatuses use yellow flashing lights.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 134, Requiring employers provide contribution information to State Teachers Retirement System.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 169, Requiring insurance
companies obtain title to certain totaled vehicles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 192, Authorizing Commissioner of
Division of Corrections to issue warrants for certain inmates.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 354, Providing penalties for failure to report
to Alzheimer's Disease Registry.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 412, Providing penalties for hand held cell
phone violations by minor while driving.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 413, Clarifying procedures for seizing
abandoned, neglected or cruelly treated animals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 416, Creating misdemeanor offenses for attempting to defeat drug or alcohol screening test.
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. 70, Providing penalties for
employing unauthorized workers.
Senate Bill No. 186, Continuing Board of Embalmers and Funeral
Directors.
Senate Bill No. 190, Continuing Board of Examiners of
Psychologists.
Com. Sub. for Senate Bill No. 196, Relating to juvenile
custody.
Com. Sub. for Senate Bill No. 199, Creating Beckley-Raleigh
County Building Code Authority.
Senate Bill No. 360, Extending time local levying bodies may
meet.
Senate Bill No. 435, Clarifying Consolidated Local Government
Act.
And,
Senate Bill No. 436, Selecting executive secretary for county
commission on crime, delinquency and corrections.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Stollings and Caruth.
Thereafter, at the request of Senator Foster, and by unanimous
consent, the remarks by Senator Stollings were ordered printed in
the Appendix to the Journal.
At the request of Senator Barnes, unanimous consent being
granted, the remarks by Senator Caruth were ordered printed in the
Appendix to the Journal.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 121, Tolling state licensure or registration
requirements for active duty military personnel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 121 (originating in the
Committee on Military)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated º15-
1F-1b, relating to tolling any state licensure or registration
requirement for persons on active duty in the National Guard or
other reserve component of the armed services of the United States.
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,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 121), under the original
double committee reference, was then referred to the Committee on
Finance.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 5, 2007, at 11 a.m.
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