WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, February 8, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Jeffrey Johnson, Senior Pastor,
Mount Vernon Baptist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, February 7,
2007,
On motion of Senator Boley, 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 amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 139, Denying petition for name change in
certain cases.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §48-25-101 and §48-25-103 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 25. CHANGE OF NAME.
§48-25-101. Petition to circuit court or family court for change
of name; contents thereof; notice of application.
(a) Any person desiring a change of his or her own name, or
that of his or her child or ward, may apply therefor to the circuit
court or family court of the county in which he or she resides by
a verified petition setting forth and affirming the following:
(1) That he or she has been a bona fide resident of the county
for at least one year prior to the filing of the petition or that
he or she is a nonresident of the county who was born in the
county, was married in the county and was previously a resident of
the county for a period of at least fifteen years;
(2) The cause for which the change of name is sought;
(3) The new name desired;
(4) The name change is not for purposes of avoiding debt or
creditors;
(5) The petitioner seeking said the name change is not a
registered sex offender pursuant to any state or federal law;
(6) The name change sought is not for purposes of avoiding any
state or federal law regarding identity;
(7) The name change sought is not for any improper or illegal
purpose; and
(8) The petitioner is not a convicted felon in any
jurisdiction; and
(9) The name change sought is not for any purpose of evading
detection, identification or arrest by any local, state or federal
law-enforcement agency.
(b) Notwithstanding the provisions of subsection (a) of this
section, a nonresident of the county may apply for a change of name
if the person was born in the county, was married in the county and
was previously a resident of the county for a period of at least
fifteen years.
(c) (b) Previous Prior to the filing of the petition, the
person shall cause a notice of the time and place that the
application will be made to be published as a Class I legal
advertisement in compliance with the provisions of article three,
chapter fifty-nine of this code. The publication area for the
publication is the county: Provided, That the publication shall
contain a provision that the hearing may be rescheduled without
further notice or publication.
§48-25-103. When court may or may not order change of name.
(a) Upon the filing of such the verified petition, and upon
proof of the publication of such the notice and of the matters set
forth in the petition, and being satisfied that no injury will be
done to any person by reason of such the change, and upon a finding
that all representations the applicant has affirmed pursuant to subsection (a), section one hundred one of this article are true,
and the applicant is not prohibited from obtaining a name change
pursuant to this article, that reasonable and proper cause exists
for changing the name of petitioner, and that such the change is
not desired because of any fraudulent or evil intent on the part of
the petitioner, the court or judge thereof in vacation may order a
change of name as applied for except as provided by the provisions
of this section.
(b) The court may not grant any change of name for any person
convicted of any felony during the time that the person is
incarcerated.
(c) The court may not grant any change of name for any person
required to register with the state police pursuant to the
provisions of article eight-f twelve, chapter sixty-one fifteen of
this code during the period that such the person is required to
register.
(d) The court may not grant a change of name for persons
convicted of first degree murder in violation of section one,
article two, chapter sixty-one of this code for a period of ten
years after the person is discharged from imprisonment or is
discharged from parole, whichever occurs later.
(e) The court may not grant a change of name of any person
convicted of violating any provision of section fourteen-a, article
two, chapter sixty-one of this code for a period of ten years after
the person is discharged from imprisonment or is discharged from
parole, whichever occurs later.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 139--A Bill to amend and reenact §48-25-
101 and §48-25-103 of the Code of West Virginia, 1931, as amended,
all relating to petition for change of name; contents thereof; and
when courts may or may not order change of name.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Senate Bill No. 139, as amended by the House of
Delegates, was then 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 elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 139) passed with its House of Delegates amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 2028--A Bill to amend and reenact §17A-6-4
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17A-6B-2 of said code; to amend and reenact §17A-6C-2 of
said code; and to amend and reenact §17A-6D-5 of said code, all
relating to increasing the required bond for certain businesses
regulated by the Division of Motor Vehicles to fifty thousand
dollars.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 6, Authorizing boat safety checks by
conservation officers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 6 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §20-7-4 of the Code
of West Virginia, 1931, as amended, relating to law-enforcement
powers; empowering conservation officers to stop vessels to conduct
safety checks to ensure vessels are properly equipped and licensed;
and to board vessels only with consent of the owner or operator or
upon probable cause if criminal activity is observed or suspected.
And,
Senate Bill No. 428, Establishing consumer identity theft
protections.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 428 (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 §46A-6L-101, §46A-6L-102, §46A-6L-103, §46A-6L-104 and
§46A-6L-105, all relating to consumer protection generally;
defining certain terms; providing a procedure for consumers to
implement a security freeze to prohibit a consumer reporting agency
from releasing all or any part of the consumer's credit report or
any information derived from it to entities with whom the consumer
has no existing credit relationship without the express
authorization of the consumer in certain circumstances; exemptions;
personal identification number or password; procedures for removal
or temporary lifting of security freeze; exceptions; fees;
providing for a written notice of a consumer's rights; providing
civil penalties for violations; and making a violation an unfair or
deceptive act or practice.
With the recommendation that the two committee substitutes 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. 152, Creating Indigent Defense Commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 152 (originating in the
Committee on the Judiciary)--A Bill to repeal §29-21-10, §29-21-11
and §29-21-12 of the Code of West Virginia, 1931, as amended; to
amend said code by adding thereto a new section, designated §29-21-
3b; and to amend and reenact §29-21-6, §29-21-8, §29-21-9, §29-21-
13 and §29-21-13a of said code, all relating to Public Defender
Services generally; defining certain terms; creating the Indigent
Defense Commission; specifying members and their terms; specifying
certain powers and duties of the Indigent Defense Commission;
requiring public defender corporations to submit monthly financial
statements and reports; providing requirements for the creation,
activation and merger of public defender corporations; providing
for the order of appointment of panel attorneys; establishing
requirements for funding applications; requiring corporations to
submit proposed budgets; authorizing amended funding contracts;
providing for payment of fees to panel attorneys; and authorizing
executive director to establish guidelines for submission of claims
and vouchers.
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. 152), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 178, Allowing counties to increase hotel
occupancy tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 178 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§7-18-2 and §7-18-14 of the Code of West Virginia, 1931, as
amended, all relating to hotel occupancy tax; allowing counties to
increase the hotel occupancy tax to not more than six percent;
requiring public hearing prior to enacting increase; and including
incentives for passenger air service within the state and emergency
service in certain areas as permissible expenditures of the
proceeds from the hotel occupancy tax.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Government Organization.
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. 255, Authorizing Department of Environmental
Protection promulgate legislative rule relating to antidegradation
implementation procedures.
And reports the same back without recommendation as to
passage; but under the original triple committee reference first be
referred to the Committee on Natural Resources; and then to the
Committee on the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Natural Resources; and then to the
Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 259, Authorizing Department of Environmental
Protection promulgate legislative rule relating to requirements
governing water quality standards.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 312, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to dialysis technicians.
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,
Edwin J. Bowman,
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 Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 368, Creating Food Security Act.
And,
Senate Bill No. 392, Assessing value of livestock killed by
bears.
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,
Larry J. Edgell,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 405, Relating to direct deposit payment.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 431, Regulating agricultural liming materials.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Larry J. Edgell,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 438, Relating to Investment Management Board.
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 Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 21, Changing state welcome
signs to "Wild, Wonderful West Virginia".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 21 (originating
in the Committee on Government Organization)--Requesting the
Division of Tourism commission an online survey and/or poll of
state residents to determine the preference of West Virginians for
the slogan appearing on highway signs over our state borders.
Whereas, In 2006, new official signs were erected on highway
borders across our great state with the message: "Welcome to West
Virginia: Open for Business"; and
Whereas, The message was designed to reinforce the progressive
changes taking place in West Virginia, to symbolize that the State
of West Virginia is currently altering the management of government
affairs and to remind those crossing our borders that West
Virginia's location and proximity to 60 percent of the population
of the United States is conducive to conduct business, enjoy a
vacation and raise a family; and
Whereas, Prior to 1990, many of the highway signs contained
the slogan "West Virginia - Wild and Wonderful"; and
Whereas, Some West Virginians have debated whether the current
welcoming message should be replaced with the prior slogan "West
Virginia - Wild and Wonderful"; and
Whereas, Providing a forum for public input on this issue
would afford West Virginians an opportunity to voice their
preference on the slogan; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Tourism
to commission an online survey and/or poll of state residents to
determine the preference of West Virginians for the slogan
appearing on highway signs over our state borders; and, be it
Further Resolved, That the Division of Tourism report to the
Governor on its findings, conclusions and recommendations no later
than December 31, 2008; and, be it
Further Resolved, That the expenses necessary to conduct this
study and to prepare a report be paid from legislative
appropriations to the Division of Tourism; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Division of
Tourism.
With the recommendation that the committee substitute be
adopted; but with the further recommendation that it first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
On motion of Senator Bowman, the resolution (Com. Sub. for S.
C. R. No. 21) contained in the foregoing report from the Committee
on Government Organization was then referred to the Committee on Finance.
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. 498--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-32, relating to liquefied petroleum gas-consuming
equipment and appliances and the business of selling at retail,
supplying, handling or transporting certain types of liquefied
petroleum gas; requiring certification of correctness as to design,
construction and performance of domestic and commercial liquefied
petroleum gas-consuming equipment and appliances; requiring
installation of liquefied petroleum gas-consuming appliances,
equipment or other components of a liquefied petroleum gas delivery
system in accordance with the instructions of the manufacturer of
the appliance, equipment or component; prohibiting the alteration,
modification, maintenance or repair of liquefied petroleum gas-
consuming appliances, equipment or other components of a liquefied
petroleum gas delivery system unless done in accordance with the
instructions of the manufacturer; providing protections from
liability for persons engaged in the business of selling at retail,
supplying, handling or transporting liquefied petroleum gas for
acts in which they did not participate; using existing criminal
penalty provisions for violations; requiring compliance by any person who installs, fuels, maintains or services any fuel gas
system to a one- or two-family dwelling; and providing exemption
for the owner of a single-family dwelling who resides in such
dwelling.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 499--A Bill to amend and reenact §11-1C-2 of
the Code of West Virginia, 1931, as amended, relating to natural
resources; and limiting managed timberland for purposes of
preferential tax reduction for total acreage of less than one
thousand acres per county owned by either one corporation or one
person or, if more than one person, owned indivision.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Green, Kessler, Edgell, Bowman, Bailey, Oliverio,
Plymale and McKenzie:
Senate Bill No. 500--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-49-1, §33-49-2, §33-49-3, §33-49-4, §33-49-5, §33-
49-6, §33-49-7, §33-49-8, §33-49-9, §33-49-10, §33-49-11, §33-49-12
and §33-49-13, all relating to the recognition and regulation of
professional employer organizations by the West Virginia Insurance
Commissioner.
Referred to the Committee on Government Organization; then to
the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster, Stollings, White and Hunter:
Senate Bill No. 501--A Bill to amend and reenact §18-2-6a of
the Code of West Virginia, 1931, as amended, relating to the sale
of healthy beverages and soft drinks in schools generally;
prohibiting the serving of soft drinks in elementary, middle or
junior high schools during the school day; requiring high schools
selling or serving soft drinks during the school day to sell and
make equally accessible to students healthy beverages; prohibiting
the sale or serving of soft drinks in high schools during breakfast
and lunch periods; requiring that the sale of soft drinks and
healthy beverages be administered by the West Virginia Department
of Education; requiring profits from the sale of healthy beverages
accrue to the benefit of the nutrition program; and prohibiting
competitive sales of foods and beverages of minimal nutritional
value in the food service areas during meal service periods.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senators Tomblin (Mr. President), Bowman, Helmick, Edgell,
Plymale, Jenkins, Fanning, Bailey, Kessler, Prezioso, Chafin,
Stollings, Facemyer, McKenzie, Minard, Foster, Hunter and Caruth:
Senate Bill No. 502--A Bill to amend and reenact §61-3-49 of
the Code of West Virginia, 1931, as amended, relating to the
imposition of additional reporting and record retention
requirements for certain purchasers of nonferrous metal or steel
railroad track and track material; permitting law-enforcement officers to confiscate the metals upon reasonable belief that a
crime had been committed; providing for the return of the metals
under certain conditions; and increasing criminal penalties for
violations.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Bailey and Hunter:
Senate Bill No. 503--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-22, relating to employer communications about
politics, religion or labor-organizing activities; prohibiting
certain employers from meeting and communicating with employees
regarding the employer's political, religious or labor-organizing
activities; and providing a civil remedy for violations.
Referred to the Committee on the Judiciary.
By Senators Fanning, Minard, Boley, Hunter, Bailey, Love,
Hall, Plymale and White:
Senate Bill No. 504--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104,
§48-9A-105 and §48-9A-106, all relating to Joint Parenting Act;
custody of children after divorce; providing certain rebuttable
presumptions concerning custody; adding procedures and criteria
relating to determining the custody of children; addressing
relocation of parents; addressing certain tax implications; and
including contempt provisions.
Referred to the Committee on the Judiciary.
By Senators Foster and Unger:
Senate Bill No. 505--A Bill to amend and reenact §15-2-25a,
§15-2-25b, §15-2-26, §15-2-27, §15-2-27a, §15-2-28, §15-2-29, §15-
2-30, §15-2-31, §15-2-31a, §15-2-31b, §15-2-32, §15-2-33, §15-2-34,
§15-2-35, §15-2-37, §15-2-38, §15-2-39 and §15-2-44 of the Code of
West Virginia, 1931, as amended, all relating to the West Virginia
State Police Death, Disability and Retirement Fund; meaning of
terms; definitions; continuation of Death, Disability and
Retirement Fund; designating the Consolidated Public Retirement
Board as administrator of fund; retirement; awards and benefits;
leased employees; retirement annual annuity adjustments; credit
toward retirement for member's prior military service; credit
toward retirement when employee has joined armed forces in time of
armed conflict; qualified military service; awards and benefits for
disability incurred in performance of duty; awards and benefits for
disability due to other causes; disability physical examinations;
termination; application for disability benefit; determinations;
annual report on disability retirement experience; retirant not to
exercise police authority; retention of group insurance; awards and
benefits to dependents of member when the member dies in
performance of duty; dependents of a duty disability retirant;
dependent child scholarship and amount; awards and benefits to
dependents of employee when the employee dies from
nonservice-connected causes; awards and benefits to dependents of
retirant or after employee serves twenty years; refunds to certain employees upon discharge or resignation; deferred retirement;
refunds to dependents upon death of member not eligible for
benefits; dependent child or children; and federal law maximum
benefit limitations.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Plymale:
Senate Bill No. 506--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §51-1-21, relating to authorizing the Supreme Court of
Appeals to promulgate rules to establish and administer a uniform
bail schedule.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 507--A Bill to amend and reenact §61-7-4 of
the Code of West Virginia, 1931, as amended, relating to removing
the requirement that social security numbers be placed on concealed
weapons permits.
Referred to the Committee on the Judiciary.
By Senators Bowman, McCabe, Jenkins, Plymale, McKenzie, Unger
and Foster:
Senate Bill No. 508--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17F-2-1, §17F-2-2, §17F-2-3, §17F-2-4, §17F-2-5, §17F-
2-6, §17F-2-7, §17F-2-8, §17F-2-9, §17F-2-10, §17F-2-11, §17F-2-12
and §17F-2-13, all relating to regulating all-terrain vehicles; requiring dealers to collect privilege tax; issuing a permit card
and identification on titled and nontitled all-terrain vehicles;
updating definitions; describing permit application; transferring
ownership of titled and nontitled all-terrain vehicles; creating a
special revenue account; providing an application fee; transferring
information to the assessor; creating a nonresident temporary-use
permit; and providing penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Bowman, McCabe, Jenkins, McKenzie, Unger and
Foster:
Senate Bill No. 509--A Bill to amend and reenact §17F-1-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §17F-1-10 and §17F-
1-11, all relating to the regulation of all-terrain vehicles;
prohibiting operation on paved roads or highways; prohibiting
operation with a passenger unless allowed under manufacturers'
specifications; providing for regulation of all-terrain vehicles by
local government authorities; authorizing all-terrain vehicle
incident forms; reporting requirements for all-terrain vehicle
incidents; and exempting the Hatfield-McCoy Trail.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Plymale, Edgell and Hunter:
Senate Bill No. 510--A Bill to amend and reenact §5-16-2 of
the Code of West Virginia, 1931, as amended, relating to allowing a member of the State Board of Education to participate in the
public employees insurance program if he or she pays the entire
cost of the premium.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Plymale:
Senate Bill No. 511--A Bill to repeal §20-14-10 of the Code of
West Virginia, 1931, as amended, relating to insurance policies.
Referred to the Committee on Banking and Insurance.
By Senators Kessler and Oliverio:
Senate Bill No. 512--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §62-6-8, relating to prohibiting law-enforcement
officers or prosecutors from asking or requiring an adult, youth or
child victim of an alleged sex offense to submit to a polygraph
examination or other truth-telling device as a condition for
proceeding with the investigation of the offense.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Jenkins, Foster and Hunter:
Senate Bill No. 513--A Bill to amend and reenact §30-5-1b of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §30-5-6b, all relating
to pharmacies and pharmacists; defining terms; authorizing remote
dispensing and delivery of prescription drugs; and authorizing the
Board of Pharmacy to propose legislative rules.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Chafin, Love, Bailey and Green:
Senate Bill No. 514--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §12-3A-7, relating to information technology donations.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Edgell, Jenkins, Foster, Sharpe,
Oliverio, Hunter, Unger, White, Wells, Boley, McKenzie, Sprouse,
Yoder, Barnes, Hall, Green, Love, Plymale and Stollings:
Senate Bill No. 515--A Bill to amend and reenact §18-5-22 of
the Code of West Virginia, 1931, as amended, relating to reducing
the ratio of school nurses to school children; and eliminating the
provision allowing county boards to contract with county health
departments for equivalent nursing services.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Fanning, Bowman, Foster, Oliverio,
White, Yoder, Hall and Bailey:
Senate Bill No. 516--A Bill to amend and reenact §46A-6-106 of
the Code of West Virginia, 1931, as amended, relating to actions by
consumers; and updating the scope to add "manufacturer" and
"contractor" to the parties affected.
Referred to the Committee on the Judiciary.
By Senators Love and Minard:
Senate Bill No. 517--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §17-2A-18a; and to amend said code by adding thereto a
new chapter, designated §24G-1-1, §24G-1-2, §24G-1-3, §24G-1-4,
§24G-1-5, §24G-1-6, §24G-1-7, §24G-1-8, §24G-1-9 and §24G-1-10, all
relating to expanding wireless infrastructure within this state;
legislative findings and purpose; definitions; Wireless
Infrastructure Council created; council powers and duties; long-
term leases of state-owned property authorized for construction,
placement and operation of wireless infrastructure; exemption from
Purchasing Division requirements; lease requirements; revolving
fund created; deposits; fund use; granting Commissioner of Highways
the power of eminent domain; and disbursements.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Prezioso, Hunter, Caruth, Hall, Plymale, Unger and
Foster:
Senate Bill No. 518--A Bill to amend and reenact §9-9-3, §9-9-
6, §9-9-7, §9-9-8 and §9-9-9 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections,
designated §9-9-21 and §9-9-22, all relating to bringing the West
Virginia Works Program into compliance with federal law as required
by the Deficit Reduction Act; continuing state funding of two- and
four-year post-secondary education for West Virginia Works
eligibility; and providing for state funding for two-parent
families to remain eligible for West Virginia Works.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Helmick:
Senate Bill No. 519--A Bill to amend and reenact §11-10-4 of
the Code of West Virginia, 1931, as amended, relating to
administration of taxes; and defining the term "return".
Referred to the Committee on Finance.
By Senators Minard and Barnes:
Senate Bill No. 520--A Bill to amend and reenact §11-3-9 of
the Code of West Virginia, 1931, as amended, relating to providing
an exemption from property taxation for property used by nonprofit
corporations for providing electricity to residents of this state.
Referred to the Committee on Finance.
Senators Boley, McKenzie, Minard, Edgell, White, Jenkins,
Stollings, Yoder, McCabe, Unger, Foster and Hunter offered the
following resolution:
Senate Resolution No. 14--Designating February 8, 2007, as
"Women's Day".
Whereas, The West Virginia Women's Commission is celebrating
its 30th anniversary of promoting status and empowerment of all
West Virginia women through advocacy, research, education and
consensus building; and
Whereas, The West Virginia Women's Commission strives to
foster women's economic, political, educational and social
development, ensure their full participation in society and
recognize their achievements; and
Whereas, In their roles as mothers, wives, daughters, sisters, workers, friends, caretakers, activists and volunteers, women make
enormous contributions to West Virginia's economy, families,
communities and general well-being; and
Whereas, West Virginia is proud of the accomplishments and
achievements of women in our state, both in the private and public
sectors. We appreciate their many contributions to our communities
as they continue to advance in leadership roles in our society;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 8, 2007, as
"Women's Day"; and, be it
Further Resolved, That the Senate expresses its appreciation
to women for the many contributions they make to the State of West
Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials with the
West Virginia Women's Commission.
At the request of Senator Boley, 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
proceeded to the seventh order of business.
Senate Resolution No. 8, Requesting banking industry extend
financial consideration to active duty military personnel.
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.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 398, Authorizing Division of Motor
Vehicles to suspend or refuse to register certain interstate
commerce motor carriers.
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. 398) passed with its title.
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.
Com. Sub. for Senate Bill No. 197, Authorizing use of
reasonable force against intruder.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Sprouse, the following amendment to the
bill was reported by the Clerk:
On page three, section twenty-two, line fifteen, after the
word "force" by changing the period to a colon and inserting the
following: Provided, That any person lawfully within a dwelling
house at the time it is broken into and entered by another person
is immune from civil liability for any injury, including death, to
such other person who is uninvited and breaks and enters into such
dwelling house for purposes of engaging in criminal conduct:
Provided, however, That such dwelling house is not nor has ever
been owned, leased or inhabited by such uninvited person.
The question being on the adoption of Senator Sprouse's
amendment to the bill (Com. Sub. for S. B. No. 197), and on this
question, Senator Sprouse demanded the yeas and nays.
The roll being taken, the yeas were: Bailey, Barnes, Boley,
Caruth, Deem, Facemyer, Guills, Hall, Helmick, Love, McKenzie,
Sprouse, Sypolt and Yoder--14.
The nays were: Bowman, Chafin, Edgell, Fanning, Foster,
Green, Hunter, Jenkins, Kessler, McCabe, Minard, Oliverio, Plymale,
Prezioso, Stollings, Unger, Wells, White and Tomblin (Mr.
President)--19.
Absent: Sharpe--1.
So, a majority of those present and voting not having voted in
the affirmative, the President declared Senator Sprouse's amendment to the bill rejected.
The bill (Com. Sub. for S. B. No. 197) was then ordered to
engrossment and third reading.
Senate Bill No. 389, Defining blue catfish as game fish.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 396, Exempting site-specific data on certain
rare plant or animal species from disclosure.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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 second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 168, Allowing consumer lenders
to sell home and automobile membership plans.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
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. 261, Authorizing Department of Environmental
Protection promulgate legislative rule relating to individual state
certification of activities requiring federal permit.
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,
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 respective requests of Senators Barnes, Boley, Caruth,
Deem, Facemyer, Guills, Hall, McKenzie, Sprouse, Sypolt and Yoder,
the names of Senators Barnes, Boley, Caruth, Deem, Facemyer,
Guills, Hall, McKenzie, Sprouse, Sypolt and Yoder were removed as
sponsors of Committee Substitute for Senate Concurrent Resolution
No. 21 (Requesting Division of Tourism commission poll determining
preference for state slogan).
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,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 9, 2007, at 11 a.m.
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