WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FOURTEENTH DAY
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Charleston, W. Va., Tuesday, January 24, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Rabbi Helen Bar-Yaacov, Temple Israel,
Charleston, West Virginia.
Pending the reading of the Journal of Monday, January 23,
2006,
On motion of Senator Prezioso, 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 Clerk presented the following communication from the Joint
Committee on Government Operations:
WEST VIRGINIA LEGISLATURE
JOINT COMMITTEE ON GOVERNMENT OPERATIONS
CHARLESTON
January 23, 2006
West Virginia Legislature
State Capitol
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to §4-10-12 we hereby transmit to you this copy of
the annual report of the Joint Standing Committee on Government
Operations.
Sincerely,
Edwin J. Bowman,
Senate,
Cochair,
J. D. Beane,
House of Delegates,
Cochair.
Which communication and report were 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2945--A Bill
to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §46A-6-111, relating to establishing
requirements for home solicitation sales of water improvement
products and services to consumers via water sample requests; and
civil penalties for failure to comply.
Referred to the Committee on the Judiciary.
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 Hunter, Jenkins, Barnes and Foster:
Senate Bill No. 248-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §46-
9-410, relating to the use of checks, bank account debit
authorizations or share drafts as security for loans or cash
advances made for personal, family or household purposes.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 249-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§37-6-31, relating to making landlords more accountable for abating
conditions of garbage and litter which have been allowed to
accumulate on the leased premises; prescribing a civil penalty for
owner violators; and providing a civil action against lessees or
tenants by the owner for expenses the owner incurred as the result
of his or her obligations imposed hereunder.
Referred to the Committee on the Judiciary.
By Senators Bailey, Minard and Love:
Senate Bill No. 250-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
21-12h, relating to providing a tax deduction on interest paid on
student loans and automobile loans.
Referred to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 251-A Bill to create the Beckley-Raleigh
County Building Code Authority to adopt and enforce the state
building code for the city of Beckley and Raleigh County.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Harrison, Kessler and McCabe:
Senate Bill No. 252-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§59-1-10a, relating to establishing a marriage license discount if
the applicants show proof of a certificate of completion of an
approved premarital counseling course.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Harrison:
Senate Bill No. 253-
A Bill to amend and reenact §18C-7-1,
§18C-7-2, §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7,
§18C-7-8 and §18C-7-9 of the Code of West Virginia, 1931, as
amended, all relating to changing the PROMISE Scholarship Program
to the PROMISE Forgivable Student Loan Program; and establishing
deferment and forgiveness conditions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Weeks and Minear:
Senate Bill No. 254-
A Bill to amend and reenact §17C-5A-1,
§17C-5A-1a, §17C-5A-2, §17C-5A-2a, §17C-5A-3, §17C-5A-3a and §17C-5A-4 of the Code of West Virginia, 1931, as amended, all relating
to providing for judicial procedures for suspension and revocation
of licenses for driving under the influence of alcohol, controlled
substances or drugs; eliminating the administrative procedures for
suspension and revocation; providing that a judicial officer upon
certain findings or a conviction shall suspend or revoke a license
for driving under the influence of alcohol, controlled substances
or drugs; providing a procedure for judicial reinstatement of a
suspended or revoked license and making certain technical changes.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Helmick and Minard:
Senate Bill No. 255-
A Bill to amend and reenact §11-16-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto three new sections, designated §11-16-5a,
§11-16-5b and §11-16-5c, all relating to the manufacture, sale,
possession, distribution, furnishing or giving away of
nonintoxicating beer contrary to law in unlicensed establishments;
establishing criminal penalties; and providing similar public
nuisance provisions in relation to beer as there currently exist
for liquor.
Referred to the Committee on the Judiciary.
By Senators Edgell, Barnes, Minard, Hunter, Love and Kessler:
Senate Bill No. 256-
A Bill to amend and reenact §11-3-9 of the
Code of West Virginia, 1931, as amended, relating to exempting
farming equipment and livestock from personal property taxation.
Referred to the Committee on Agriculture; and then to the
Committee on Finance.
By Senators Yoder, Barnes and Love:
Senate Bill No. 257-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-6B-8, relating to providing an election for county commissions
to allow resident homeowners, sixty-five years old or older, to
defer the payment of property tax increases to their residential
property during their lifetimes.
Referred to the Committee on Finance.
By Senators Love, Barnes and Dempsey:
Senate Bill No. 258-
A Bill to amend and reenact §19-20-12 of
the Code of West Virginia, 1931, as amended, relating to including
hunting dogs as protected animals; prohibiting a person not the
owner of a dog from removing identifying tags, collars or apparel
from a dog or disabling a device worn by a dog to aid in the
retrieval of the dog without the permission of the owner; and
providing a misdemeanor penalty for violations.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators McCabe, Minear, Prezioso, Plymale and Kessler:
Senate Bill No. 259-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-
5-13b, relating to exempting manufacturing inventory from ad
valorem property taxation in the state.
Referred to the Committee on Finance.
By Senators Dempsey and Minard:
Senate Bill No. 260-
A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§15-12A-1 and §15-12A-2, all relating to creating a registry of
persons convicted of operating a clandestine drug laboratory;
designating certain information to be contained in the registry;
directing the Criminal Identification Bureau of the State Police to
create a website using descriptive terms for the public to access
relative to the information in the registry; and requiring the
Superintendent of the State Police to propose rules to implement
the provisions of said article.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Foster and Plymale:
Senate Bill No. 261--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-1-3oo, relating to authorizing county commissions to
adopt ordinances to regulate the siting of wireless
telecommunications facilities.
Referred to the Committee on Transportation and
Infrastructure; and the to the Committee on Government
Organization.
Senators Helmick, Minard, Foster and Love offered the
following resolution:
Senate Concurrent Resolution No. 25-
Requesting the Joint
Committee on Government and Finance study state agencies' use of state-owned meeting facilities at state parks, state forests and
other state-owned and -operated facilities, including the cost
effectiveness of requiring state agencies to use these state-owned
and -operated facilities for meetings and training and whether
these facilities are available for use by state agencies.
Whereas, Almost every agency of state government conducts
training, seminars and meetings for its employees throughout the
year; and
Whereas, Many of these meetings are held throughout the state
at privately operated venues in close proximity of state-owned and
-operated meeting facilities; and
Whereas, There are potential savings to state agencies and the
state from the use of state-owned and -operated facilities and the
facilities may benefit by having lower vacancy rates and full-year
activities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study state agencies' use of state-owned meeting
facilities at state parks, state forests and other state-owned and
-operated facilities, including the cost effectiveness of requiring
state agencies to use these state-owned and -operated facilities
for meetings and training and whether these facilities are
available for use by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, 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 Helmick, Minear, McCabe, Barnes, Minard, Jenkins,
Foster, Love and Kessler offered the following resolution:
Senate Concurrent Resolution No. 26-Requesting the Joint
Committee on Government and Finance study the state and local tax
structure in West Virginia.
Whereas, The state and local tax structure should provide
fairness among taxpayers while avoiding an undue burden on
government with regard to tax administration and enforcement; and
Whereas, The state and local tax structure should operate
efficiently in order to provide adequate revenues necessary to
conduct the operations of state and local government; and
Whereas, Reviewing the current tax structure is necessary to
ensure that it provides a fair, stable and accountable tax system
which stimulates a growing and broad tax base and reflects the
changing economy of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the state and local tax structure in West
Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance's study should incorporate the 1999 report of the
Governor's Commission on Fair Taxation; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2007, 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.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 13, Requiring cross-reporting of
suspected abuse or neglect of individuals or animals.
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, Dempsey, Edgell, Facemyer,
Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins,
Kessler, Lanham, McCabe, McKenzie, Minard, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Love--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. 13) 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 eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Facemyer.
The Senate next proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthday of
the senator from Berkeley and on behalf of the Senate extended
felicitations and good wishes to Senator Unger, with Senator Sharpe
leading the members in singing "Happy Birthday".
At the request of Senator Plymale, unanimous consent being
granted, it was ordered that the Journal show had Senator Plymale
been present in the chamber on yesterday, Monday, January 23, 2006,
he would have voted "yea" on the passage of Engrossed Senate Bill
No. 211, Engrossed Senate Bill No. 212, Engrossed Senate Bill No.
213, Engrossed Senate Bill No. 214, Engrossed Senate Bill No. 215,
Engrossed Senate Bill No. 216, Engrossed Senate Bill No. 217,
Engrossed Senate Bill No. 218 and Engrossed Committee Substitute
for Senate Bill No. 247.
At the request of Senator Weeks, and by unanimous consent, the
Senate returned to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Love.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, January 25, 2006, at 11 a.m.
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