WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

TWENTY-NINTH DAY

____________

Charleston, W. Va., Wednesday, February 7, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Dr. John R. Sauvage, Oak Hill United Methodist Church, Oak Hill, West Virginia.
Pending the reading of the Journal of Tuesday, February 7, 2007,
On motion of Senator Sprouse, 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 and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2770--A Bill to amend and reenact §61-2- 10b of the Code of West Virginia, 1931, as amended, relating to court security personnel; enhancing penalties for certain acts against court security personnel; and defining "court security personnel".
Referred to the Committee on the Judiciary.
Executive Communications

The Clerk then presented a communication from His Excellency, the Governor, advising that on February 2, 2007, he had approved Enr. House Bill No. 2105.
Senator Tomblin (Mr. President) then laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 6, 2007

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, Board of Optometry, Dr. Glenn S. Bailey, Barboursville, Cabell County, for the term ending June 30, 2009.
2.For Member, Bluefield State College Board of Governors, Dr. Louis Aikens, Winston-Salem, North Carolina, for the term ending June 30, 2010.
3.For Member, Bluefield State College Board of Governors, John Shott, Bluefield, Mercer County, for the term ending June 30, 2010.
4.For Member, Bluefield State College Board of Governors, Larry Morhous, Bluefield, Mercer County, for the term ending June 30, 2010.
5.For Member, Bluefield State College Board of Governors, Gloria Stephens, Welch, McDowell County, for the term ending June 30, 2010.
6.For Member, Nursing Home Administrators Licensing Board, Rose Green, Milton, Cabell County, for the term ending June 30, 2012.
7.For Member, Board of Dental Examiners, Debra D. Dent, Union, Monroe County, for the term ending June 30, 2011.
8.For Member, Board of Dental Examiners, Dr. Richard Duff Smith, Charleston, Kanawha County, for the term ending June 30, 2011.
9.For Member, Board of Dental Examiners, Dr. George D. Conard, Huntington, Cabell County, for the term ending June 30, 2011.
10.For Secretary, Department of Revenue, Rob Alsop, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
11.For Executive Director, School Building Authority, The Honorable Mark Manchin, Welch, McDowell County, to serve at the will and pleasure of the Governor.
12.For Member, Board of Examiners for Registered Professional Nurses, Robin Walton, Huntington, Cabell County, for the term ending June 30, 2011.
13.For Member, Board of Examiners for Registered Professional Nurses, Cynthia Persily, Charleston, Kanawha County, for the term ending June 30, 2010.
14.For Member, Board of Examiners for Registered Professional Nurses, Judy Nystrom, Welch, McDowell County, for the term ending June 30, 2009.
15.For Member, West Virginia University Board of Governors, Andrew Payne III, Charleston, Kanawha County, for the term ending June 30, 2010.
16.For Member, Probable Cause Review Board, Brad Crouser, Charleston, Kanawha County, for the term ending June 30, 2008.
17.For Member, Racing Commission, Fred C. Peddicord III, Kingwood, Preston County, for the term ending April 1, 2008.
18.For Member, Shepherd University Board of Governors, Lauri M. Bridgeforth, Winchester, Virginia, for the term ending June 30, 2009.
19.For Member, Shepherd University Board of Governors, Doris Griffin, Martinsburg, Berkeley County, for the term ending June 30, 2009.
20.For Member, Shepherd University Board of Governors, Gat Caperton, Berkeley Springs, Morgan County, for the term ending June 30, 2010.
21,For Member, Housing Development Fund, Julia Elbon, Elkins, Randolph County, for the term ending October 30, 2010.
22.For Member, Housing Development Fund, Richard Bowlby, Spencer, Roane County, for the term ending October 30, 2010.
23.For Member, Aeronautics Commission, Gerald R. Sites, Petersburg, Grant County, for the term ending June 30, 2010.
24.For Member, Education and State Employees Grievance Board, Joe E. Miller, Hurricane, Putnam County, for the term ending June 30, 2009.
25.For Member, West Virginia University Board of Governors, Carolyn Long, Sutton, Braxton County, for the term ending June 30, 2010.
26.For Commissioner, Division of Labor, David Mullins, Ripley, Jackson County, to serve at the will and pleasure of the Governor.
27.For Member, Higher Education Policy Commission, David K. Hendrickson, Charleston, Kanawha County, for the term ending June 30, 2010.
28.For Member, Higher Education Policy Commission, John Estep, Richwood, Nicholas County, for the term ending June 30, 2009.
29.For Member, Consolidated Public Retirement Board, Shelly L. Stead, Grafton, Taylor County, for the term ending June 30, 2008.
30.For Member, Consolidated Public Retirement Board, The Honorable Charles C. Lanham, Point Pleasant, Mason County, for the term ending June 30, 2007.
31.For Secretary, Department of Commerce, Kelley Goes, Scott Depot, Putnam County, to serve at the will and pleasure of the Governor.
32.For Member, Parole Board, Benita Murphy, Logan, Logan County, for the term ending June 30, 2012.
33.For Member, Parole Board, Peggy Pope, Charleston, Kanawha County, for the term ending June 30, 2012.
34.For Chairman, Parole Board, Dennis W. Foreman, Barboursville, Cabell County, for the term ending June 30, 2013.
35.For Member, Parole Board, Steve Svokas, Weirton, Hancock County, for the term ending June 30, 2011.
36.For Member, Board of Examiners of Psychologists, Terry Sigley, Morgantown, Monongalia County, for the term ending June 30, 2009.
37.For Member, Board of Examiners of Psychologists, Robert Childers, Washington, Wood County, for the term ending June 30, 2008.
38.For Member, Board of Examiners of Psychologists, Tina Yost, Fairmont, Marion County, for the term ending June 30, 2009.
39.For Member, Board of Examiners of Psychologists, Lane Wagaman, Lewisburg, Greenbrier County, for the term ending June 30, 2008.
40.For Member, Board of Examiners of Psychologists, Lois Merritt, Huntington, Cabell County, for the term ending June 30, 2009.
41.For Member, Board of Examiners of Psychologists, Reverend Father Jude Molnar, Fairmont, Marion County, for the term ending June 30, 2008.
42.For Member, Board of Registration for Sanitarians, Michael Eltzroth, Ronceverte, Greenbrier County, for the term ending June 30, 2011.
43.For Member, Board of Registration for Sanitarians, Lloyd White, Worthington, Marion County, for the term ending June 30, 2008.
44.For Member, Board of Registration for Sanitarians, Richard L. Wheeler, Gerrardstown, Berkeley County, for the term ending June 30, 2010.
45.For Member, Board of Registration for Sanitarians, Steven R. Bayer, Washington, Wood County, for the term ending June 30, 2007.
46.For Member, Board of Registration for Sanitarians, Anita Ray, Culloden, Cabell County, for the term ending June 30, 2009.
47.For Member, Regional Jail and Correctional Facility Authority, Dr. I. Frank Hartman, Buckhannon, Upshur County, for the term ending June 30, 2009.
48.For Member, West Virginia Northern Community College Board of Governors, Dr. Darrell Cummings, Wheeling, Ohio County, for the term ending June 30, 2009.
49.For Member, School Building Authority, Steve Burton, Prichard, Wayne County, for the term ending July 31, 2009.
50.For Member, School Building Authority, Robert E. Holroyd, Princeton, Mercer County, for the term ending July 31, 2009.
51.For Member, Family Protection Services Board, Judith Ball, Parkersburg, Wood County, for the term ending June 30, 2009.
52.For Member, Family Protection Services Board, Barbara Hawkins, Princeton, Mercer County, for the term ending June 30, 2007.
53.For Member, Family Protection Services Board, Judy King Smith, Morgantown, Monongalia County, for the term ending June 30, 2008.
54.For Member, Records Management and Preservation Board, Betsy Castle, Kingwood, Preston County, to serve at the will and pleasure of the Governor.
55.For Member, Records Management and Preservation Board, Diana N. Cromley, Point Pleasant, Mason County, to serve at the will and pleasure of the Governor.
56.For Member, Records Management and Preservation Board, Lonnie R. Mullins, Hinton, Summers County, to serve at the will and pleasure of the Governor.
57.For Member, Records Management and Preservation Board, Timothy L. Sweeney, St. Marys, Pleasants County, to serve at the will and pleasure of the Governor.
58.For Member, Records Management and Preservation Board, Stephen Shuman, Morgantown, Monongalia County, to serve at the will and pleasure of the Governor.
59.For Member, Records Management and Preservation Board, Ottie Adkins, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
60.For Member, Records Management and Preservation Board, Kim Wolfe, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
61.For Member, Board of Pharmacy, Martin Castleberry, South Charleston, Kanawha County, for the term ending June 30, 2008.
62.For Member, Public Service Commission, Michael A. Albert, Charleston, Kanawha County, for the term ending June 30, 2007.
63.For Member, State Conservation Committee, Boyd Meadows, Milton, Cabell County, for the term ending September 6, 2010.
64.For Member, State Conservation Committee, Jim Ash, Alma, Tyler County, for the term ending September 6, 2010.
65.For Member, Concord University Board of Governors, Lane Bailey, Fairfax Station, Virginia, for the term ending June 30, 2009.
66.For Member, Veterans' Council, Donel Kinnard, Hurricane, Putnam County, for the term ending June 30, 2012.
67.For Member, Veterans' Council, Ralph Stump, St. Albans, Kanawha County, for the term ending June 30, 2012.
68.For Member, Commission on the Arts, Cindy McGhee, Charleston, Kanawha County, for the term ending June 30, 2009.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
 Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 10, 2007, at 11 a.m.
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. 68, Improving coal mine health and safety.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 68 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22A-1-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22A-2-4a; to amend and reenact §22A-2-5 of said code; to amend and reenact §22A-7-5 of said code; to amend said code by adding thereto a new section, designated §22A-7-7; and to amend said code by adding thereto a new article, designated §22A-11-1, §22A-11-2, §22A-11-3 and §22A-11-4, all relating generally to coal mine health and safety; authorizing Director of the Office of Miners' Health, Safety and Training, upon a finding of imminent danger, to issue closure orders for mines under certain circumstances; prohibiting the use of a belt conveyor entry as an intake air course and providing exceptions thereto; providing requirements for the design, construction and inspection of seals and the atmospheric monitoring of sealed areas; prohibiting use of certain seals and providing for requirements for remediation of existing seals under certain circumstances; prohibiting the use of bottom mining and providing exceptions thereto; requiring continuing education for underground mine foremen-fire bosses and setting course requirements; continuing the Mine Safety Technology Task Force; legislative findings; establishing powers and duties of task force; reimbursement; and task force consultation in approval of safety devices.
 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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 68), under the original double committee reference, was then referred to the Committee on Finance.
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. 168, Allowing consumer lenders to sell home and automobile membership plans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 168 (originating in the Committee on Banking and Insurance )--A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of home and automobile membership plans by consumer lenders; defining automobile and home membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 277, Authorizing Hospital Finance Authority promulgate legislative rule relating to establishment of fee schedule and costs allocations applicable to issuance of bonds by authority.
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,
Roman W. Prezioso, Jr.,
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. 278, Authorizing Division of Human Services promulgate legislative rule relating to day care centers' licensing.
Senate Bill No. 279, Authorizing Division of Human Services promulgate legislative rule relating to family child care facility licensing requirements.
Senate Bill No. 280, Authorizing Division of Human Services promulgate legislative rule relating to family child care home registration requirements.
Senate Bill No. 281, Authorizing Division of Human Services promulgate legislative rule relating to child-placing agencies' licensure.
Senate Bill No. 282, Authorizing Division of Human Services promulgate legislative rule relating to informal and relative family child care home registration requirements.
Senate Bill No. 314, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to case services.
And,
Senate Bill No. 315, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to resources manual.
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,
Roman W. Prezioso, Jr.,
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. 378, Providing notice of availability of owner's title insurance.
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 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.
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. 381, Relating to insurance fraud.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 381 (originating in the Committee on Banking and Insurance )--A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-41-8 and §33-41-11 of said code; and to amend said code by adding thereto a new section, designated §33-41-8b, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commission to investigate fraud relating to the Public Employees Insurance Agency and to present criminal complaints directly to a magistrate; modifying the threshold for certain criminal penalties; and extending the statute of limitations for certain misdemeanors involving insurance fraud.
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,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 381), under the original double committee reference, was 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 Resolution No. 8, Requesting banking industry extend financial consideration to active duty military personnel.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Joseph M. Minard,
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 Bowman, Minard, Hunter, Unger and Kessler:
Senate Bill No. 467-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2 and §21-1D-3, all relating to requiring employers to provide health insurance to employees working on public improvement projects.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators McKenzie, Bowman, Kessler and White:
Senate Bill No. 468-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-13a, relating to penalties for employment or use of unauthorized workers by contractors or subcontractors; empowering the commissioner and board to issue injunctions for violations; and providing for suspension and permanent revocation of licenses and fines.
Referred to the Committee on the Judiciary.
By Senators Wells, McCabe, Sprouse, Facemyer, Bowman, Jenkins and Kessler:
Senate Bill No. 469-- A Bill to amend and reenact §22-5-1 and §22-5-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-5- 11a, all relating to air pollution control; allowing for the expedited review of administratively complete permit applications for sources other than major sources; allowing all facilities with complete permit applications and which have received written permission from the director to construct an altered or expanded source provided that operations of the altered or expanded source do not commence until its permit or permit modification is issued; setting timelines for permitting actions; making other clarifications of the director's duties in minor source air permitting; and requiring the promulgation of legislative and emergency rules.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 470-- A Bill to amend and reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to providing that any individual filing the certificate of announcement for President of the United States has until midnight on the first Saturday of March.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 471-- A Bill to amend and reenact §5B-2-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-12 of said code; and to amend and reenact §17C-17B-4 of said code, all relating to the funding of entities ensuring transportation public safety on state highways; providing for funding of the Public Service Commission's Weight Enforcement Division; providing for funding of the State Police patrol of turnpikes and toll roads; and providing for funding of a courtesy patrol.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 472-- A Bill to amend and reenact §11-10-11 of the Code of West Virginia, 1931, as amended, relating to the administration of taxes; and providing technical corrections to assure the proper collection of offset fees.
Referred to the Committee on Finance.
By Senators Foster and Minard:
Senate Bill No. 473-- A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to acts of a mortgage licensee when requiring insurance in connection with a mortgage loan.
Referred to the Committee on Banking and Insurance.
By Senators Stollings, Foster and Jenkins:
Senate Bill No. 474-- A Bill to amend and reenact §30-3-12 and §30-3-16 of the Code of West Virginia, 1931, as amended, all relating to biennial renewal of licenses to practice medicine, podiatry and to work as a physician assistant; causing licenses to expire if required continuing education is not timely documented to the Board of Medicine; and specifying fees to be paid for reinstatement.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator McCabe:
Senate Bill No. 475-- A Bill to amend and reenact §8A-8-12 of the Code of West Virginia, 1931, as amended, relating to allowing an appellant to file with the Board of Zoning Appeals a stay of all proceedings and/or work on the premises in question.
Referred to the Committee on Government Organization.
By Senator Chafin:
Senate Bill No. 476-- A Bill to amend and reenact §50-1-1 of the Code of West Virginia, 1931, as amended, relating to the election of magistrates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 477-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-4-2c, relating to creating a nationally recognized professional certification of professional personnel; creating the Equitable Compensation Act; and establishing a state minimum salary supplement for professional personnel holding nationally recognized professional certifications.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Yoder, Barnes and Unger:
Senate Bill No. 478-- A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended, relating to providing for a ten-percent cap on any increase in one year for periodic valuations and assessments of real and personal property.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 479-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to authorizing county commissions to expend county funds to repair roads, including, but not limited to, cemetery roads, located in their respective counties under certain circumstances.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 480-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-77a, relating to authorizing that gambling and lottery winnings are taxable; authorizing that gambling and lottery losses are tax deductible; exceptions; and requiring the taxpayer to keep detailed records showing losses.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster and McCabe:
Senate Bill No. 481-- A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer; and allocating fifty percent of the tax to the Regional Jail Operations Partial Reimbursement Fund.
Referred to the Committee on Finance.
By Senators Bailey, Plymale, Minard, Fanning, Bowman, Stollings, Hunter, Edgell and Prezioso:
Senate Bill No. 482--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, relating to the agreement among states to elect the president by national popular vote.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 483-- A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Tax Commissioner from issuing a new business registration certificate to any new business owned, managed, operated by or in which any person participated as a member of a board of directors, partner, manager or member director of a business that is delinquent in the payment of personal property taxes.
Referred to the Committee on the Judiciary.
By Senators Love, Edgell, Unger and Sypolt:
Senate Bill No. 484-- A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 485-- A Bill to amend and reenact §18-9A-2, §18-9A-10, §18-9A-11, §18-9A-13b and §18-9A-21 of the Code of West Virginia, 1931, as amended, all relating to reforming the school aid formula by reducing from ninety-eight percent to seventy percent the amount of the regular levy deducted from county boards of education for general current expense purposes; ensuring that improved instructional programs receive at least thirty-three million dollars annually; providing at least five million dollars to the State Board of Education to assist low-performing schools; capturing moneys from declining enrollment and directing it to salaries of classroom teachers and service personnel; and requiring at least an eight million-dollar annual appropriation for alternative education programs.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hunter and White:
Senate Bill No. 486-- A Bill to repeal §18-7C-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-7C-6 of said code, relating to providing a one-time option to certain members of the Defined Contribution Retirement System to opt into the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bailey, Hunter, Jenkins, Minard, Unger and Kessler:
Senate Bill No. 487-- A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to payment of tuition and fees for members of the National Guard attending institutions of higher education; and including pursuit of a master's degree.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Prezioso, Minard, Hunter, Unger and Kessler:
Senate Bill No. 488--A Bill to amend and reenact §11-15-9 of the Code of West Virginia, 1931, as amended, relating to reinstating the sales tax exemption for comprehensive community mental health care centers and comprehensive mental retardation facilities.
Referred to the Committee on Finance.
By Senators McCabe, Kessler, Sprouse and Unger:
Senate Bill No. 489-- A Bill to amend and reenact §5B-2B-4 and §5B-2B-6 of the Code of West Virginia, 1931, as amended, all relating to reports to the Legislative Oversight Commission on Work Force Investment for Economic Development generally; and requiring copies of memoranda of understanding with one-stop centers and data regarding the success of linking PROMISE scholarship graduates with West Virginia employers as part of the reports.
Referred to the Committee on Economic Development.
By Senators Hunter, Foster, Kessler, Minard, Oliverio, White, Caruth, Deem and Jenkins:
Senate Bill No. 490-- A Bill to amend and reenact §22-17-22 of the Code of West Virginia, 1931, as amended, relating to the Underground Storage Tank Insurance Fund; providing for expiration of the fund and disposal of its assets; directing the Department of Environmental Protection to assist certain policyholders reclaim sites insured by the fund; providing that the Department of Environmental Protection is not liable for claims against the fund nor may be bound to policy terms; providing legislative findings; directing the Secretary of the Department of Environmental Protection to develop a plan to cause remediation of these sites; authorizing the Secretary of the Department of Environmental Protection to place conditions on remediation recipients; establishing criteria and preconditions for remediations; allowing persons who have undertaken remediation or expended funds to undertake remediation of sites to be reimbursed expenses; and allowing the secretary to establish conditions for reimbursement for prior or future remediations of insured sites.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Boley, Bailey, Love, Barnes, Hall and Kessler:
Senate Bill No. 491-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-18-105a, relating to providing a method in which males may contest allegations or presumptions of biological parentage under certain circumstances.
Referred to the Committee on the Judiciary.
By Senator Helmick:
Senate Bill No. 492-- A Bill to amend and reenact §11-15-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-21-74 of said code, all relating to accelerated payment of consumers sales and service tax and personal income withholding tax; and repealing the requirement for such accelerated payments.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 493-- A Bill to amend and reenact §11-1C-10 and §11-1C-11 of the Code of West Virginia, 1931, as amended, all relating to providing tax incentives to nonresidential owners of managed timberland to allow the general public to use the land for recreational purposes; and providing legislative findings toward this purpose.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Hunter and Kessler:
Senate Bill No. 494-- A Bill to amend and reenact §3-8-7 of the Code of West Virginia, 1931, as amended, relating to permitting the Secretary of State or county clerk to publish the names of any candidate, financial agent or treasurer of a political party committee who fails to file a sworn, itemized financial statement within the time limitations specified or anyone who willfully files a grossly incomplete or grossly inaccurate financial statement; and providing for a sixty-day period prior to notice given for failure to file or gross filing to the county prosecutor.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Helmick and Unger:
Senate Bill No. 495-- A Bill to amend and reenact §11-1-1 of the Code of West Virginia, 1931, as amended, relating to continuance of the office of Tax Commissioner and designation as the State Tax Division; appointment, term, oath and bond of commissioner; powers and duties generally; sections of division; Assistant Tax Commissioner; authorizing Tax Commissioner to conduct criminal background checks for prospective employees; and assistant attorneys general to assist commissioner.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 496-- A Bill to amend and reenact §29-6-10 and §29-6-14 of the Code of West Virginia, 1931, as amended, all relating to the approval of pay plans by the State Personnel Board of the Division of Personnel for all employees in the classified-exempt service; and requiring certification of classified-exempt payrolls by the director.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
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 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. 251, Authorizing Department of Environmental Protection promulgate legislative rule relating to explosives and blasting.
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 the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 497 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-4-47, §17-4-48 and §17-4-49 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6 and §17-27-7, all relating to the creation of the West Virginia Community Empowerment Transportation Act; authorizing the Commissioner of Highways to establish procedures relating to the authority and review of transportation projects; making legislative findings; stating legislative purpose; defining certain terms and phrases; requiring certain entities seeking state funds for transportation projects to submit a transportation project plan; setting forth transportation project plan requirements; setting forth conditions for approval by the Commissioner of Highways; authorizing county commissions to impose user fees for the construction and maintenance of roads and transportation projects; providing credit for municipally imposed fees; authorizing counties to issue revenue and general obligation bonds for transportation projects; providing notice and election requirements; coordinating the development of transportation projects with other infrastructure projects; information sharing; authorizing agreements among municipal utilities and public service districts to participate in transportation projects; authorizing setting of rates to include costs borne by municipal utilities and public service districts in coordination with transportation projects; exemption from Public Service Commission approval; requiring a bond necessary to compensate the division for improvements to highway facilities required as a result of development; regulating access from properties to and from state roads; and providing recovery of cost of highway improvements from commercial and residential developments.
 And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the bill (S. B. No. 497) contained in the foregoing report from the Committee on Transportation and Infrastructure was then referred to the Committee on Finance.
 The Senate proceeded to the ninth order of business.
Senate Bill No. 398, Authorizing Division of Motor Vehicles to suspend or refuse to register certain interstate commerce motor carriers.
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.
Com. Sub. for Senate Bill No. 197, Authorizing use of reasonable force against intruder.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 389, Defining blue catfish as game fish.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
 Senate Bill No. 396, Exempting site-specific data on certain rare plant or animal species from disclosure.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
 Eng. House Bill No. 2141, Raising the age at which a person may request to be excused from jury duty from sixty-five to seventy.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
At the request of Senator McKenzie, unanimous consent being granted, it was ordered that the Journal show had Senator McKenzie been present in the chamber on Monday, February 5, 2007, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 69, Engrossed Committee Substitute for Senate Bill No. 96, Engrossed Senate Bill No. 134, Engrossed Senate Bill No. 166, Engrossed Committee Substitute for Senate Bill No. 169, Engrossed Committee Substitute for Senate Bill No. 192, Engrossed Senate Bill No. 208, Engrossed Senate Bill No. 354, Engrossed Senate Bill No. 412, Engrossed Senate Bill No. 413 and Engrossed Senate Bill No. 416.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 8, 2007, at 11 a.m.
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