WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTY-FOURTH DAY
____________
Charleston, W. Va., Monday, February 12, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Randall Reid-Smith, Commissioner of the Division of Culture
and History, proceeded in the singing of "The Star-Spangled Banner"
and a medley of West Virginia-themed songs.
Pending the reading of the Journal of Friday, February 9,
2007,
On motion of Senator Caruth, 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 Office of Tax Appeals, submitting its annual report as required
by chapter eleven, article ten-a, section seven of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 3--Requesting the Division of
Highways to name the bridge leading into Wyco, West Virginia, the
"Zeb S. Pugh Memorial Bridge".
Whereas, Mr. Zeb Pugh was born on December 9, 1918, in Galax,
Virginia. He was the son of the late Benjamin Harrison and Tiny
Brown Pugh; and
Whereas, Zeb Pugh grew up in Covel, West Virginia, where he
graduated from Conley High School and from the Bureau of Mines
Academy at Beckley College; and
Whereas, Zeb Pugh worked for several coal companies in West
Virginia during his 35 year career as a coal miner and was the
first African-American mine foreman in Wyoming County. Zeb
attended school to become a Federal Mine Inspector, leading his
class with a 4.0 grade point average and retired in 1973 as a
Federal Mine Inspector from the Bureau of Mines in Norton,
Virginia; and
Whereas, Zeb Pugh was the founder of the Wyco, West Virgnia
Water Works and worked tirelessly to ensure that all the residents
of Wyco, West Virginia had fresh, clean water in their homes; and
Whereas, Zeb tried for years to obtain funding through the
Housing and Urban Development but was turned down at every turn.
He was finally able to obtain $15,000 through the state's counter
cyclical fund, an emergency fund designed to aid communities with
water system problems; and
Whereas, G.O. Bledsoe, Inc., a Beckley engineering firm, estimated that this size of a project would cost $425,846.00 to
complete; however, Mr. Zeb Pugh and volunteers were able to
complete this project for the $15,000 that he obtained through the
state's counter cyclical fund; and
Whereas, Mr. Zeb Pugh and the Homeowners Water Company
purchased the water system for $400 and upgraded the system through
grants from the County Commission and Governor Rockefeller. The
Wyco Water Company, at the time of Mr. Pugh's death in 1997, was
worth $500,000; and
Whereas, Mr. Zeb Pugh chartered the Wyoming County NAACP where
he served as President for many years and opened many doors for
African Americans within Wyoming County; and
Whereas, Mr. Zeb Pugh died on August 21, 1997. He is survived
by his wife of 56 years, Mrs. Margaret E. Pugh and three daughters,
Rebecca and Geneva Pugh and Faye Pugh Singh. His son, Rudolph
Pugh, died in 2002 in Inglewood, California; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge leading into Wyco, West Virginia, the "Zeb S.
Pugh Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to post signs thereon with words,
printed in bold and prominent fashion, designating the bridge as
the "Zeb S. Pugh Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division
of Highways and the family of Mr. Zeb S. Pugh.
Referred to the Committee on Transportation and
Infrastructure.
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. 118, Creating WV Public Campaign Financing
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 118 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all
relating to creating the West Virginia Public Campaign Financing
Act; providing alternative campaign financing option for candidates
for the state Senate and House of Delegates through public funds;
setting forth short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of the
act are applicable to certain candidates for the offices of state
Senate and House of Delegates beginning in two thousand ten;
establishing a Public Campaign Financing Fund and sources of revenue for the fund; requiring an additional penalty assessment be
imposed against violators of administrative orders, rules of state
governmental agencies, boards and commissions; requiring an
applicant for public campaign funding to complete a declaration of
intent and setting forth the manner in which an application for
funding may be made; setting forth eligibility criteria for
qualifying party and independent candidates; allowing participating
candidates to raise from private sources and spend seed money
contributions; requiring candidates seeking public campaign funds
to collect a required number of qualifying contributions; requiring
candidates to provide detailed receipts to contributors and to the
State Election Commission for seed money and qualifying
contributions; requiring participating candidates to comply with
all provisions of the act; requiring the State Election Commission
to certify eligible candidates and setting forth the procedure for
certification; providing for distribution of sums from the Public
Campaign Financing Fund to qualified candidates for funding
election campaigns; specifying the amount of funds available for
each candidate and when the funds become available; setting forth
restrictions on participating candidates' contributions and
spending; prohibiting participating candidates from accepting
private contributions other than as specifically set forth in the
act; prohibiting the use of personal funds for certain purposes;
permitting qualified candidates to raise funds from private sources
when there is insufficient money in the Public Campaign Financing
Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates keep records
and report to the State Election Commission; providing for matching
public campaign funds when an opponent spends in excess of the
initial funding available and for independent expenditures on
behalf of a nonparticipating or certified opponent; setting forth
certain duties of the State Election Commission; providing for the
deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and
criminal penalties for violations of the act; and setting forth an
effective date.
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. 118), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 387, Guaranteeing certain veterans bronze
military grave markers.
And,
Senate Bill No. 487, Paying certain tuition and fees for National Guard members.
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 Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Military.
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 Senator Minard:
Senate Bill No. 543--A Bill to amend and reenact §18A-2-2 of
the Code of West Virginia, 1931, as amended, relating to
authorizing county boards of education to pay up to a five hundred-
dollar stipend to retiring school service employees and
nonclassroom teacher professional employees.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Helmick, Tomblin (Mr. President),
Jenkins, Sypolt, Oliverio, Facemyer, Love, Kessler, Sprouse,
Minard, Fanning, Bowman, Hunter, Boley, Unger and Plymale:
Senate Bill No. 544--A Bill to repeal §16-2F-5 of the Code of
West Virginia, 1931, as amended; to amend and reenact §16-2F-2,
§16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-2F-9; and to amend
said code by adding thereto a new section, designated §16-2F-8a,
all relating to parental notification requirements for obtaining
abortions by unemancipated minors; defining terms; requiring proof
of age prior to an abortion; providing for substitute notification
in certain instances; modifying physician reporting requirements;
providing for criminal penalties; providing for preservation of
fetal tissue in instances of sexual assault; and providing for
severability.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 545--A Bill to amend and reenact §11-16-8 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§29-22B-1202 of said code; to amend and reenact §60-3A-16 of said
code; and to amend and reenact §60-7-10 of said code, all relating
to increasing the distance that a beer licensee must be located
from a public playground, day care facility, school or church from
three hundred to one thousand feet; and providing that a limited
video lottery retailer licensee, a retail liquor licensee and a
private club licensee may not be located within one thousand feet
of a public playground, day care facility, school or church.
Referred to the Committee on the Judiciary.
By Senators Hunter and Kessler:
Senate Bill No. 546--A Bill to amend and reenact §44-1-14a of
the Code of West Virginia, 1931, as amended, relating to limiting
the duplication of publication costs in the administration of
certain estates.
Referred to the Committee on the Judiciary.
By Senator Prezioso (By Request):
Senate Bill No. 547--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §19-20C-1, §19-20C-2, §19-20C-3, §19-20C-4, §19-20C-5
and §19-20C-6, all relating to protecting consumers against the
sale or adoption of sick or underage pets; and providing for
penalties.
Referred to the Committee on the Judiciary.
By Senators Plymale and Jenkins:
Senate Bill No. 548--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-3-9a, relating generally to payment in lieu of
property tax agreements; prescribing uniform minimum reporting and
content requirements for payment in lieu of property tax
agreements; requiring that agreements be filed in county clerk's
office and with chief inspector and Secretary of Revenue and
updated annually; requiring that local levying bodies approve
payment in lieu of property tax agreements; permitting chief
inspector to specify content of agreement and summaries by
procedural rules; specifying method for allocation and distribution
of payments in lieu of property taxes, whether payment is received in money or other property; specifying how in lieu of property tax
payments received by a board of education are treated for purpose
of state school aid formula; defining certain terms; specifying
when and how these rules apply and exempting certain agreements
from their application; and providing effective dates.
Referred to the Committee on Finance.
By Senators White, Hunter and Unger:
Senate Bill No. 549--A Bill to amend and reenact §18A-4-1 and
18A-4-2 of the Code of West Virginia, 1931, as amended, all
relating to providing a six-percent increase for teachers; adding
pay increment categories for teachers with certain qualifications;
and raising beginning teachers to the third-year level of pay as of
the two thousand seven--two thousand eight school year.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 550--A Bill to amend and reenact §48-2-402 of
the Code of West Virginia, 1931, as amended, relating to the
maintenance of a registry for registration and renewal of persons
authorized to perform marriages; eliminating the bonding
requirement; providing for the removal of a registrant to inactive
status; and establishing a fee for reactivation of a registrant on
inactive status.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 551--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to create and issue a
Patriot Guard Riders license plate for passenger vehicles and
motorcycles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Boley and Fanning:
Senate Bill No. 552--A Bill to amend and reenact §22-11-8 of
the Code of West Virginia, 1931, as amended, relating to modifying
the Water Pollution Control Act to reflect organizational changes
made in the Department of Environmental Protection in previous
legislation.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 553--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-
10E-6 and §5-10E-7, all relating to establishing the West Virginia
Voluntary Accounts Program; defining certain terms; requiring
private employers to provide employees savings opportunities;
permitting certain other savings plans; providing that the
principal account is created in the State Treasury; and providing
procedures for implementing a voluntary savings account program for
employees and employers in the private sector.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 554--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-31, relating to railroad employees; and
establishing criminal penalties for interfering with medical
treatment of a railroad employee injured during the course of
employment.
Referred to the Committee on the Judiciary.
By Senators Foster and McCabe:
Senate Bill No. 555--A Bill to amend and reenact §60-3-9d of
the Code of West Virginia, 1931, as amended, relating to increasing
the tax on purchases of intoxicating liquors outside corporate
limits of municipalities.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Sprouse (By Request):
Senate Bill No. 556--A Bill to amend and reenact §46A-6F-103,
§46A-6F-112, §46A-6F-113, §46A-6F-114, §46A-6F-201, §46A-6F-204,
§46A-6F-213, §46A-6F-219, §46A-6F-220, §46A-6F-301, §46A-6F-302,
§46A-6F-303, §46A-6F-304, §46A-6F-401, §46A-6F-501, §46A-6F-502,
§46A-6F-503, §46A-6F-601, §46A-6F-701 and §46A-6F-703 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §46A-6F-115 and §46A-
6F-116, all relating to the regulation of consumer solicitations by
electronic mail; definitions; registration and mandatory disclosures requirements; exclusions; defining unfair, deceptive
and abusive practices; causes of action; penalties; service of
process; and civil remedies.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Bailey, Edgell, Foster, Helmick, Hunter,
Kessler, Unger, Barnes, Boley, Guills and Yoder:
Senate Bill No. 557--A Bill to amend and reenact §49-5-21 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §49-6-5a and §49-6-8 of said code, all relating to judicial
review of juvenile proceedings; requiring court to make finding
whether department made reasonable efforts to finalize a permanency
plan; requiring judicial review at least quarterly; permanency
hearings when a court determines reasonable efforts to preserve
families are not required; foster care review; and annual reports
to the court.
Referred to the Committee on the Judiciary.
By Senators Foster, Hunter, White, Unger and Kessler:
Senate Bill No. 558--A Bill to amend and reenact §16-1-6 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §22-1-3 of said code, all relating to requiring the
Commissioner of Public Health to conduct a public health impact
statement assessing the health impact of any new air or water rule,
or modification of an existing air or water rule, proposed by the
Director of the Department of Environmental Protection; and
requiring the Director of the Department of Environmental
Protection to incorporate findings of the impact statement into the proposed rule.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Senators Prezioso, Unger, Jenkins, Stollings and Kessler
offered the following resolution:
Senate Concurrent Resolution No. 34--Requesting the Joint
Committee on Government and Finance study the feasibility of
implementing, through Medicaid and Medicare, a disease management
program for congestive obstructive pulmonary disease.
Whereas, Congestive obstructive pulmonary disease (COPD), also
known as chronic bronchitis and emphysema, is the fourth leading
cause of death in the United States and the only one of the top
five causes whose prevalence and death rate are rising; and
Whereas, COPD is a chronic progressive disease which impacts
over 100,000 residents of West Virginia; and
Whereas, The annual cost to the nation for COPD in 2004 was
estimated to be $37 billion; and
Whereas, The Council of State Governments has urged state
legislatures and state health officials to include COPD in their
chronic disease initiatives, with the goal of reducing total health
care costs associated with COPD while increasing quality of care
for those suffering with this chronic disease; and
Whereas, Early diagnosis and management of COPD can
effectively reduce the overall financial burden of the illness
within public programs such as Medicaid and Medicare; and
Whereas, Proper management of COPD can lead to improved quality of life of patients cared for within public programs;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of implementing, through
Medicaid and Medicare, a disease management program for congestive
obstructive pulmonary disease; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Prezioso, Chafin, Foster, Green, Hunter, Love,
Oliverio, McCabe, Jenkins, Stollings and Kessler offered the
following resolution:
Senate Concurrent Resolution No. 35--Urging Congress
reauthorize the State Health Insurance Program which assures
federal funding for the West Virginia Children's Health Insurance
Program.
Whereas, Children's health is of paramount importance to West
Virginia families; and
Whereas, Poor health of children is a threat to their
educational achievement, as well as their social and psychological
well-being; and
Whereas, The West Virginia Children's Health Insurance
Program, which has enrolled more than 87,000 uninsured children
since its inception in 1998, has proven to be an integral part of
the arrangements for health benefits for the children of our state;
and
Whereas, Federal funding for the West Virginia Children's
Health Insurance Program is indispensable to providing health
benefits for children of modest means; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to reauthorize the
State Health Insurance Program which assures federal funding for
the West Virginia Children's Health Insurance Program; 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, the Secretary of the United States Department of
Health and Human Services, the President Pro Tempore of the United
States Senate, the Speaker of the United States House of
Representatives, the Secretary of the Senate, the Clerk of the
House of Representatives and each member of West Virginia's
congressional delegation.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 16, Requesting Division of Highways rename Russell Creek Bridge in Huntington,
Cabell County, "Michael Dale Thomas Memorial Bridge".
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.
Com. Sub. for Senate Concurrent Resolution No. 20, Requesting
Division of Highways name section of U. S. Route 60 in Kanawha
County from Campbells Creek Road to Warrior Way "Adam Johnson
Crumpler Memorial Midland Trail".
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.
Com. Sub. for Senate Concurrent Resolution No. 25, Requesting
Division of Highways name bridge on U. S. Route 52 in Landgraff,
McDowell County, "Luke Simplicio Memorial Bridge".
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. 26, Requesting Division of
Highways name bridge on U. S. Route 60, St. Albans, Kanawha County,
"Earl Henry Curnutte Bridge".
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. 27, Requesting Division of
Highways name bridge on State Route 119, Mingo County, "Ida and
Isaac 'Ike' Newsome, Sr., Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
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. 33, Requesting Bureau of
Senior Services and Department of Environmental Protection study
volunteer environmental projects' opportunities.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 6, Authorizing boat safety
checks by conservation officers.
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. 178, Allowing counties to
increase hotel occupancy tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 405, Relating to direct deposit payment.
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. 428, Establishing consumer
identity theft protections.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Caruth, and by unanimous consent,
the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 431, Regulating agricultural liming materials.
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.
Senate Bill No. 395, Relating to Management of Pain Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 399, Relating to issuance of driver's
licenses.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 542, Authorizing rules for Higher Education
Policy Commission and Council for Community and Technical College
Education.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Chafin and Sypolt.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senator Sypolt were ordered printed in the
Appendix to the Journal.
At the request of Senator Stollings, unanimous consent being
granted, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 13, 2007, at 11 a.m.
____________