sdj-36th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTY-SIXTH DAY
____________

Charleston, W. Va., Wednesday, February 14, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Shirley Love, a senator from the eleventh district.
Pending the reading of the Journal of Tuesday, February 13, 2007,
On motion of Senator Edgell, 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 concurrence by that body in the passage of
Eng. Senate Bill No. 205, Clarifying violations of protective orders.
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. 2781--A Bill to amend and reenact §17C-17-4 of the Code of West Virginia, 1931, as amended, related to modifying the statutory limitation on the length of school buses.
Referred to the Committee on Education.
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. Com. Sub. for House Bill No. 2800--A Bill to repeal §30- 23-6a and §30-23-6b of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-3-7a; and 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.
Executive Communications
The Clerk then presented a communication from His Excellency, the Governor, advising that on February 9, 2007, he had approved Enr. Senate Bill No. 218.
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. 53, Allowing certain resident homeowners to defer payment of property tax increases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 53 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to authorizing any county commission to allow a resident homeowner, sixty-five years of age or older who demonstrates that payment of property tax increases would cause financial hardship, to defer the payment of such property tax increases to his or her residential property during his or her lifetime; and time of payment of property taxes.
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. 53), under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 181 (originating in the Committee on Finance)--A Bill to amend and reenact §31A-3-1 of the Code of West Virginia, 1931, as amended, relating to providing that the per diem compensation for members of the Board of Banking and Financial Institutions shall be the same as the amount set by law for legislators attending to interim duties.
Senate Bill No. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 182 (originating in the Committee on Finance)--A Bill to amend and reenact §31A-2-6 of the Code of West Virginia, 1931, as amended, relating to providing that the Division of Banking shall employ the same frequency of examination schedules of depository financial institutions as the primary federal regulators of those institutions.
And,
Senate Bill No. 411, Creating Correctional Center Nursery Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 411 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §25- 1B-1, §25-1B-2, §25-1B-3, §25-1B-4, §25-1B-5, §25-1B-6 and §25-1B- 7, all relating to creation of the West Virginia Correctional Center Nursery Act; defining terms; establishing eligibility requirements and terms of participation; providing for termination from the program; authorizing collection of child support; requiring assignment of child support to the Division of Corrections; requiring a portion of child support and other moneys collected on behalf of a mother or child to be saved and given to the mother upon her release; creating the Correctional Center Nursery Fund; authorizing the Division of Corrections to accept grants, gifts and other moneys; authorizing expenditures from the fund; and allowing voluntary regulation of the program.
With the recommendation that the three committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 266, Authorizing Health Care Authority promulgate legislative rule relating to health services offered by health professionals.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 274, Authorizing Division of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 274 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Transportation; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways; authorizing the Division of Highways to promulgate a legislative rule relating to waste tire remediation and environmental cleanup; and authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to disclosure of information from the files of the Division of Motor Vehicles.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 314, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to case services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 314 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the Department of Education and the Arts; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-making Review Committee; authorizing the Library Commission to promulgate a legislative rule relating to the Library Commission administrative rule; authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to case services; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to resources manual.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 391, Creating fund to reimburse National Guard group life insurance premiums.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
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. 448, Relating to commercial driver's licenses.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Transportation and Infrastructure pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 497, Creating WV Community Empowerment Transportation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 497 (originating in the Committee on Finance)--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 after election; providing notice and election requirements; coordinating development of transportation projects with other infrastructure projects; authorizing 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; providing 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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 511, Repealing code section relating to insurance policies.
And reports the same back with the recommendation that it do pass.
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 Prezioso and Unger:
Senate Bill No. 570--A Bill to repeal §48-16-308 of the Code of West Virginia, 1931, as amended; to repeal §48-17-101, §48-17-102, §48-17-103, §48-17-104, §48-17-105, §48-17-106, §48-17-107, §48-17-108 and §48-17-109 of said code; to amend and reenact §16-5- 10 of said code; to amend and reenact §48-1-205, §48-1-225 and §48- 1-230 of said code; to amend and reenact §48-11-105 of said code; to amend said code by adding thereto a new section, designated §48-13-804; to amend and reenact §48-14-102, §48-14-106, §48-14- 203, §48-14-302, §48-14-404, §48-14-407, §48-14-414, §48-14-502, §48-14-503 and §48-14-701 of said code; to amend and reenact §48- 18-102, §48-18-118, §48-18-120 and §48-18-206 of said code; and to amend said code by adding thereto a new section, designated §48-18- 118a, all relating generally to child support enforcement; clarifying requirements for paternity affidavits; clarifying findings of fact in court orders when income is attributed for purposes of setting child support; clarifying that prescription drugs are included in medical support; providing that inmate concession accounts are income for withholding purposes; establishing a procedure for refunding of properly withheld amounts when a support order is modified; requiring family court judges enter default orders setting child support; allowing the Bureau for Child Support Enforcement to bring an action for medical support; clarifying that an affidavit of accrued support may be filed in the court where the original order was entered; allowing the collection through income withholding of court-ordered fees; providing for remedies against employers who improperly withhold child support; creating consistency among civil contempt penalties; eliminating the requirement that the Bureau for Child Support Enforcement attorney meet with the parties prior to the posting of a bond; repealing the dormant Child Support Enforcement Commission; clarifying the duties of the Bureau for Child Support Enforcement Commissioner with respect to the child support formula; allowing the Tax Commissioner to supply names and addresses to the Bureau for Child Support Enforcement for enforcement of support obligations; allowing collection of overpayments to support obligees from state tax refunds; eliminating the requirement that parties receive annual statements; providing for consistency of service of process; and making technical corrections.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 571--A Bill to amend and reenact §6-3-1 of the Code of West Virginia, 1931, as amended, relating to creating the position of transportation officer to serve under the authority of county sheriffs with the primary duty of transporting prisoners to regional jails.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Hunter and Kessler:
Senate Bill No. 572--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §35A-1-8, relating to discrimination against members of duly registered club organizations; and providing for criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Prezioso, McKenzie, Foster, Stollings, Kessler and Jenkins:
Senate Bill No. 573--A Bill to amend and reenact §30-3-9 and §30-3-12 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §30-3D-1, §30-3D-2 and §30-3D-3; and to amend said code by adding thereto a new section, designated §30-14-11a, all relating to authorizing the West Virginia Board of Medicine and the West Virginia Board of Osteopathy to designate programs in which physicians, podiatrists and physician assistants may be monitored while they pursue treatment and recovery for alcohol abuse, chemical dependency or major mental illness; and voluntary enrollment without being subject to disciplinary action if the person complies with the goals and restrictions of the program.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Minard, Bowman and Sharpe:
Senate Bill No. 574--A Bill to amend and reenact §19-12A-1a of the Code of West Virginia, 1931, as amended, relating to transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Love, Minard and Hall:
Senate Bill No. 575--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-8a, relating to making it illegal to transport a minor across state lines to obtain an abortion without written consent from both parents; and providing a penalty for a violation.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 576--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that when, during the course of an abortion procedure, a fetus is aborted alive, all available medical means be utilized to preserve its life; and prescribing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler and McKenzie:
Senate Bill No. 577--A Bill to amend and reenact §61-10-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting county and district officers, teachers and school officials from having a pecuniary interest in certain contracts.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Hunter, Bailey, Barnes, Boley, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Kessler, Love, McCabe, Plymale, Prezioso, Sprouse, Unger, Wells, White, Yoder, Oliverio, McKenzie, Minard, Stollings and Jenkins:
Senate Bill No. 578--A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of annual incremental salary increases for eligible employees from fifty dollars to one hundred dollars; and reducing the service minimum requirement to receive increment pay from three years to one year.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Hunter, Stollings, Unger and Kessler:
Senate Bill No. 579--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1 and §16-2K-2, all relating to Programs for All- Inclusive Care for the Elderly (PACE); setting forth legislative intent; defining terms; exempting PACE programs from regulation by the Insurance Commissioner; and requiring annual reports to the Legislature.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
By Senators Love, Hunter, White and McKenzie:
Senate Bill No. 580--A Bill to amend and reenact §49-5E-5a of the Code of West Virginia, 1931, as amended, relating to clarifying that certain employees of the Division of Juvenile Services are not covered by the Civil Service System.
Referred to the Committee on Government Organization.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 581--A Bill to amend and reenact §8-13-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-1A-23 of said code; to amend and reenact §11-10-5d of said code; and to amend and reenact §11A-2-2 of said code, all relating to local taxation; defining "charitable exemptions" for purposes of the municipal business and occupation tax; authorizing disclosure of property tax data by the assessor to the sheriff and municipal finance officers; authorizing the Division of Taxation to share with local tax collection authorities federal employer identification numbers; and authorizing the costs incurred to collect delinquent taxes to be shared by all levying bodies.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 582--A Bill to repeal §5A-3-38, §5A-3-39, §5A- 3-40, §5A-3-40a and §5A-3-41 of the Code of West Virginia, 1931, as amended; to repeal §20-1A-1, §20-1A-2, §20-1A-3, §20-1A-4, §20-1A- 5, §20-1A-6, §20-1A-8 and §20-1A-9 of said code; to amend said code by adding thereto a new article, designated §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6, §5A-10-7, §5A-10-8, §5A-10- 9, §5A-10-10 and §5A-10-11; to amend said code by adding thereto a new article, designated §5A-11-1, §5A-11-2, §5A-11-3, §5A-11-4, §5A-11-5, §5A-11-6, §5A-11-7, §5A-11-8 and §5A-11-9; to amend and reenact §5F-2-1 and §5F-2-2 of said code; and to amend and reenact §20-1-7 of said code, all relating to the creation of the Real Estate Division in the Department of Administration; providing the Real Estate Division approval of leases; exempting the acquisition and management of public lands and streams by the Division of Natural Resources; creating the position of Executive Director of the Real Estate Division; granting the division authority; requiring inspection of leased or rental property; requiring agencies to maintain and submit real estate inventory records to the Real Estate Division; requiring review of real property inventory; granting rule-making authority; transferring the Public Land Corporation to the Real Estate Division of the Department of Administration; providing a board of directors, members, terms, appointments and operation thereof; granting the Public Land Corporation powers and duties related to the acquisition, leasing, development, disposition and use of public lands; requiring sales of public land to be conducted by competitive bidding and exceptions; requiring public hearing before the sale, lease, exchange or transfer of land or minerals; requiring competitive bidding and notice before the development or extraction of minerals and related standards; and providing for the transfer and transition of the Public Land Corporation to the Real Estate Division of the Department of Administration.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fanning, Helmick and Minard:
Senate Bill No. 583--A Bill to amend and reenact §31A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §31A-4-13 of said code, all relating to prohibiting financial institutions, state banks and out-of-state banks from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate if that affiliate engages in commercial activity; and defining the terms "affiliate" and "commercial activities".
Referred to the Committee on Banking and Insurance.
By Senator Guills:
Senate Bill No. 584--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1, relating to prohibiting subsidies to entities that perform abortions.
Referred to the Committee on Health and Human Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 585--A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to providing that insurance agents who, on or after the thirteenth day of June, two thousand six, had twenty years of experience as a licensed agent and who were sixty-five years of age or older are exempt from the requirement that they obtain continuing education.
Referred to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 586--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-7A-28f, relating to providing annuity options for members of the State Teachers Retirement System.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators McKenzie and Bowman:
Senate Bill No. 587--A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to providing municipal liens for municipal fees have priority status.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Fanning, Bailey, McKenzie and Kessler:
Senate Bill No. 588--A Bill to amend and reenact §11-13-2f of the Code of West Virginia, 1931, as amended, relating to removing the expiration date of the tax on manufacturing or production of synthetic fuel from coal which is scheduled to expire on the thirtieth day of June, two thousand seven.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Kessler and McKenzie:
Senate Bill No. 589--A Bill to amend and reenact §29-6-7 of the Code of West Virginia, 1931, as amended, relating to expanding the powers and duties of the Director of Personnel to allow monetary incentives in programs developed to improve the efficiency and effectiveness of public service.
Referred to the Committee on Government Organization.
By Senators Kessler, McKenzie and Hunter:
Senate Bill No. 590--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to requiring the appropriate governmental entity to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Boley, Bailey, Barnes, Sypolt, Yoder, Deem, Hall, Caruth, Guills, Sprouse, McKenzie and Edgell offered the following resolution:
Senate Concurrent Resolution No. 38--Urging the President of the United States and Congress to repeal the Real ID Act of 2005.
Whereas, The federal Real ID Act of 2005 mandates an unfunded national driver's license on the people of West Virginia; and
Whereas, Implementation of the Real ID Act would cost West Virginia taxpayers approximately $65 million; and
Whereas, The Real ID Act national database will invite theft of identity and invasion of privacy; and
Whereas, The Real ID Act will impose inconveniences and higher taxes on West Virginians with no attendant benefit such as protection from terrorism; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the President of the United States and Congress to repeal the Real ID Act of 2005; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the United States, the Secretary of Homeland Security, the Governor of West Virginia, the President of the United States Senate, the Speaker of the United States House of Representatives and each member of West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senators Prezioso, Oliverio, McKenzie, Minard, Foster, Hunter, Stollings, Unger, Kessler and Jenkins offered the following resolution:
Senate Resolution No. 19--Designating February 14, 2007, as "Children's Day".
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, It is our responsibility as a community to care for, protect and nurture our children; and
Whereas, It is our responsibility to promote the health, well- being and education of our children as we prepare them for the challenges of adult life and to help them achieve their highest potential; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 14, 2007, as "Children's Day"; and, be it
Further Resolved, That the Senate recognizes its responsibility to the children of West Virginia and its commitment to their preparation for a productive future; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the Coalition for West Virginia's Children, Prevent Child Abuse West Virginia and the West Virginia KIDS COUNT Fund.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Petitions
Senator Helmick presented a petition from Donna Miller and numerous West Virginia residents, opposing the Tier 2.5 designation by the Environmental Quality Board for the state's rivers and their tributaries.
Referred to the Committee on Energy, Industry and Mining.
Senator White presented a petition from Lori Clark and sixteen Greenbrier County residents, opposing Senate Bill No. 369 (Relating to local option elections on table games).
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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. 334, Relating to employment of athletic or extracurricular activities' coaches.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 334 (originating in the Committee on Education)--A Bill to amend and reenact §18A-3-2a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-4-7c, all relating to certificates and permits to coach in public schools; removing certain limitation on such service under certain conditions; creating hiring preference for currently employed professional educators for summer employment with county boards of education; making technical corrections; and deleting obsolete language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
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. 452, Creating WV Kids First Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 452 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18- 31-1, §18-31-2, §18-31-3, §18-31-4, §18-31-5 and §18-31-6, all relating to the West Virginia Kids First Act; legislative findings; creating West Virginia Kids First for the purpose of improving the quality and accountability of early childhood development; creating a board to govern West Virginia Kids First; setting forth powers of the board effective only upon the effective date of required legislative rules; setting forth duties of the board; limiting the board's authority for the programs of the West Virginia Department of Education; requiring that the department be consulted about any education component of programs for children zero to three; and limiting implementation of West Virginia Kids First.
With the recommendation that the committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 452), under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 591 (originating in the Committee on Finance)- -A Bill supplementing, amending, reducing and increasing items of the existing appropriation from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2007, organization 0803, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
Senate Bill No. 592 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to a new item of appropriation designated to the Department of Military Affairs and Public Safety - Division of Homeland Security and Emergency Management - West Virginia Interoperable Radio Project, fund 6295, fiscal year 2007, organization 0606, by supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the budget bill.
Senate Bill No. 593 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to a new item of appropriation designated to Miscellaneous Boards and Commissions - Board of Pharmacy, fund 8857, fiscal year 2007, organization 0913, by supplementing and amending chapter six, Acts of the Legislature, regular session, two thousand six, known as the budget bill.
And,
Senate Bill No. 594 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand seven, to the Auditor's Office - Purchasing Card Administration Fund, fund 1234, fiscal year 2007, organization 1200, to the Department of Commerce - Division of Labor - Contractor Licensing Board Fund, fund 3187, fiscal year 2007, organization 0308, and to the Miscellaneous Boards and Commissions - Public Service Commission, fund 8623, fiscal year 2007, organization 0926, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand seven.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 36, Requesting Division of Highways name bridge at Right Fork of Gilbert Creek, Mingo County, "Wilburn and Effie Cline Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 37, Designating WV Legislature as "Legislature of Promise".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; then to the Committee on Education; and then to the Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 395, Relating to Management of Pain Act.
On third reading, coming up in regular order, was read a third time.
At the request of Senator Oliverio, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 542, Authorizing rules for Higher Education Policy Commission and Council for Community and Technical College Education.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 542) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 542) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 387, Guaranteeing certain veterans bronze military grave markers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 399, Relating to issuance of driver's licenses.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Unger, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page eight, section three-a, lines eighty-eight and eighty- nine, by striking out the words "or a level two intermediate driver's license";
On page eight, section three-a, line ninety-seven, after the word "code." by inserting the following: A person violating the provisions of this paragraph shall for the first offense be fined twenty-five dollars; for a second offense be fined fifty dollars; and for a third or subsequent offense be fined seventy-five dollars.;
On page twelve, section three-a, line one hundred sixty-four, by striking out the words "a level one instruction permit or";
And,
On page twelve, section three-a, line one hundred seventy- three, after the word "code." by inserting the following: A person violating the provisions of this paragraph shall for the first offense be fined twenty-five dollars; for a second offense be fined fifty dollars; and for a third or subsequent offense be fined seventy-five dollars.
The bill (S. B. No. 399), as amended, was then 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:
Senate Bill No. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments.
Com. Sub. for Senate Bill No. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund.
Senate Bill No. 204, Assessing cost of petit juries in magistrate court.
Senate Bill No. 206, Assessing court costs for participants in pretrial diversion programs.
Senate Bill No. 207, Providing fine for violating terms of bond.
Com. Sub. for Senate Bill No. 382, Relating to reemployment of certain Supreme Court retirees.
Senate Bill No. 454, Renaming and restructuring Bureau of Employment Programs.
Senate Bill No. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development.
Senate Bill No. 492, Relating to accelerated payment of certain taxes.
Com. Sub. for Senate Bill No. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
Senate Bill No. 530, Authorizing voter not affiliated with any political party to vote in primary.
Senate Bill No. 531, Relating to filing service of process on corporations in class action suits.
Com. Sub. for Senate Bill No. 539, Relating to Deputy Sheriff Retirement System.
Eng. Com. Sub. for House Bill No. 2120, Prescribing minimum standards for municipal judges.
Eng. House Bill No. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act.
And,
Eng. Com. Sub. for House Bill No. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
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. 532, Requiring notification of natural gas gathering line sale.
And has amended same.
And reports the same back without recommendation as to passage, as amended; 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, with amendments from the Committee on Energy, Industry and Mining pending.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the thirteenth order of business.
At the request of Senator Facemyer, unanimous consent being granted, it was ordered that the Journal show had Senator Facemyer been present in the chamber on yesterday, Tuesday, February 13, 2007, she would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 6, Engrossed Senate Bill No. 405, Engrossed Committee Substitute for Senate Bill No. 428 and Engrossed Senate Bill No. 431 and "nay" on the passage of Engrossed Committee Substitute for Senate Bill No. 178.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 15, 2007, at 11 a.m.
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