WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 22, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Greg Moore, Marlinton
Presbyterian Church, Marlinton, West Virginia.
Pending the reading of the Journal of Tuesday, February 21,
2006,
On motion of Senator Unger, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4116--A Bill to amend and reenact º20-1-7
of the Code of West Virginia, 1931, as amended, relating to
increasing the amount of timber that can be sold on state Wildlife
Management Areas, without sealed bids, from five hundred dollars to
five thousand dollars.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
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. 4283--A Bill to amend and reenact §5A-3-37
of the Code of West Virginia, 1931, as amended, relating to
providing a preference to West Virginia veterans in the awarding of
state contracts in the competitive bidding process.
Referred to the Committee on Military; and then to the
Committee on Finance.
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. 4470--A Bill to amend and reenact §33-16-
3d of the Code of West Virginia, 1931, as amended, relating to
updating the definition of "Medicare supplement policy".
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 46--Requesting the Division of
Highways name the bridge spanning the Guyandotte River, currently
referred to as the "Henlawson Thru Truss Bridge", located on County
Route 12/4 at milepost 0.05 the "Robert T. (Bob) Carper Vietnam
Veteran Bridge".
Whereas, Among his many endeavors and activities in life,
Robert T. "Bob" Carper was a devoted citizen, soldier, husband,
father, active veteran and Christian; and
Whereas, From March 1965 to March 1969, he unselfishly and
courageously served as a United States Marine for two tours of duty
in Vietnam, achieving and being honored with the Navy Achievement
Medal with Combat "V" for service, the Combat Action Ribbon for
service in Vietnam, the Presidential Unit Citation awarded to the
3rd Marine Division for Service in Vietnam, the Navy Unit
Commendation awarded to Task Force Yankee for service in Vietnam,
the National Defense Service Medal, the Vietnam Service Medal with
one silver star, the Republic of Vietnam Meritorious Unit Citation
for gallantry under fire and the Republic of Vietnam Campaign
Medal; and
Whereas, Robert T. "Bob" Carper was a life member of the
Vietnam Veterans of America, Norman R. Miller Chapter, where he
served variously as first Vice President and Treasurer; and
Whereas, Robert T. "Bob" Carper was absolutely dedicated to
veterans' causes, routinely working tirelessly to promote and
advance worthwhile endeavors on behalf of veterans. A sampling of
his many veteran-related activities included bringing the Traveling
Vietnam Memorial to Logan, maintaining the Veterans Memorial
Doughboy statue in Logan in an honored fashion and working with the
Huntington Veterans Administration Hospital and the regional Office
of Veterans Affairs in hosting a "stand down" in an effort to
secure health care benefits as well as the basic necessities of food and clothing for homeless veterans; and
Whereas, The passing of this tireless and dedicated veteran's
life from the earthly bonds of this world leaves behind a proud and
distinguished legacy upon which family and friends may find solace,
and from which fellow veterans and fellow citizens will find an
example worthy of emulation; and
Whereas, As a small token of this collective legislative
body's gratitude and recognition for this dedicated soldier and
veteran's good works and patriotic spirit, it is hereby decreed
that the Division of Highways shall name the bridge spanning the
Guyandotte River, currently referred to as the "Henlawson Thru
Truss Bridge", located on County Route 12/4 at milepost 0.05, the
"Robert T. (Bob) Carper Vietnam Veteran Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge currently referred to as the "Henlawson Thru
Truss Bridge", located on County Route 12/4 at milepost 0.05, the
"Robert T. (Bob) Carper Vietnam Veteran Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Robert T. (Bob) Carper Vietnam Veteran Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to the Secretary of
Transportation, the Commissioner of the Division of Highways and
the family of Mr. Carper, including his wife Sandy, his two sons,
Tom of St. Albans and Jason of Carmel, California, and his daughter, Leah Carper of Henlawson, and the Vietnam Veterans of
America, Norman R. Miller Chapter.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
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. 70, Expanding Children's Health Insurance
Program coverage.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (S. B. No. 70) contained in the preceding report
from the Committee on Health and Human Resources was taken up for
immediate consideration, read a first time, ordered to second
reading and, 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
Eng. Senate Bill No. 166, Restructuring Parole Board.
Now on third reading, having been referred to the Committee on
Finance on February 14, 2006;
And reports the same back with the recommendation that it do
pass.
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. 170, Creating Health Information Network.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 170 (originating in the
Committee on Health and Human Resources)--A Bill to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4,
§16-29G-5, §16-29G-6, §16-29G-7 and §16-29G-8, all relating to the
establishment of the West Virginia Health Information Network;
establishing the purpose of the network; setting up a board of
directors; establishing the membership of the board; terms of
office of the board; permitting promulgation of legislative rules;
establishing the powers and duties of the network; setting up a
special revenue account; immunity from liability; property rights; dispute resolution; and confidentiality and privacy of records.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 243, Relating to banks' self-ownership of
stock.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 243 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact
§31A-8-5 of the Code of West Virginia, 1931, as amended, relating
to allowing banks to own shares of their own stock in certain
circumstances.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 367, Increasing membership of Family
Protection Services Board.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 367 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §48-26-301 of the Code of West Virginia, 1931, as amended,
relating to the Family Protection Services Board generally; and
increasing the number of members on the board from five to seven.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 367), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 426, Relating to contractors' employment of
certain unauthorized workers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 426 (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 §21-11-13a, relating to penalties for employment or use
of unauthorized workers by contractors or subcontractors;
empowering the commissioner and board to issue injunctions for
violations; and providing for suspension and permanent revocation
of licenses and fines.
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. 438, Regulating title insurance rates.
And,
Eng. Com. Sub. for House Bill No. 4063, Expanding the
authority of the Commissioner of Banking concerning use of certain
banking terms in connection with the name of a business.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
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. 497, Repealing requirement nonresidents post
security for court costs.
And reports the same back with the recommendation that it 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. 509, Clarifying automobile franchise law.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 509 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §17A-6A-3,
§17A-6A-4, §17A-6A-8, §17A-6A-8a, §17A-6A-10 and §17A-6A-15 of the
Code of West Virginia, 1931, as amended, all relating generally to
automobile franchise law; relationship of automobile dealers,
distributors and manufacturers; providing clarification that
material breach is required for good cause for cancellation of
dealer contract; providing factors to be considered for dealer and
public interest in cancellation of dealer contract; providing for
compensation to a dealer from a manufacturer when a brand or line
is phased out; expanding and clarifying prohibited practices; clarifying prohibited coercive acts when requiring a dealer enter
into an agreement; adding requirement that manufacturers and
distributors use fair and reasonable performance standards that are
statistically sound and verifiable; exception for volume purchases;
prohibiting manufacturers and distributors from requiring facility
upgrades as a condition of offering certain vehicle models;
requiring manufacturer or distributor responsibility for all damage
to vehicles prior to dealer taking possession; and providing for
payment of reasonable expenses for professional services by the
manufacturer or distributor prior to the exercise of a first right
of refusal.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 567, Creating Energy Policy and Development
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 567 (originating in the
Committee on Finance)--A Bill to amend and reenact §5B-1-2 of the
Code of West Virginia, 1931, as amended; to amend and reenact §5B-
2A-1, §5B-2A-3 and §5B-2A-4 of said code; to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to
amend said code by adding thereto a new chapter, designated §5H-1-
1, §5H-1-2 and §5H-1-3; and to amend and reenact §22-3A-7 of said
code, all relating to the creation of the Division of Energy within
the Department of Commerce; charging the Division of Energy to
develop energy policies; placing the Office of Coalfield Community
Development within the Division of Energy; creating the position of
the Executive Director of the Division of Energy; charging the
Executive Director of the Division of Energy to administer
functions of the West Virginia Public Energy Authority; providing
the executive director acts under the authority of the Secretary of
Commerce; providing the executive director has authority over the
Office of Coalfield Community Development and the energy efficiency
program of the West Virginia Development Office; providing the
Public Energy Authority, the Office of Coalfield Community
Development, executive director and other public agencies develop
an energy policy and development plan and seek public input
thereof; providing the executive director is a nonvoting member of
the Public Energy Authority; requiring the submission of an energy
policy and development plan to the Governor and Joint Committee on
Government and Finance; setting forth the matters to be addressed
in the energy policy and development plan; providing that the
executive director shall prepare an energy use database; providing
that the executive director shall promote initiatives to enhance
the nation's energy security; providing that the executive director
shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental
operations in situations of emergency, inoperativeness or disaster;
providing a termination date for the Division of Energy; and
providing funding for the Division of Energy.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 571, Relating to National Guard pay.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 571 (originating in the
Committee on Military)--A Bill to amend and reenact §15-1B-16 of
the Code of West Virginia, 1931, as amended, relating to the
National Guard generally; and increasing the base pay of members of
the National Guard while in active service to the state.
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,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 571), under the original double committee reference, was then referred to the Committee on
Finance.
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. 588, Establishing Commission for Drug-Free
West Virginia.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 616, Establishing regulated consumer lenders'
reporting requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 616 (originating in the
Committee on Banking and Insurance)--A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating
to establishing annual reporting requirements for regulated
consumer lenders; and providing safeguards for nonpublic personal
information that consumers disclose to regulated consumer lenders.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 616), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 619, Relating to Physicians' Mutual Insurance
Company board member's term.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 752, Continuing poison control center.
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 Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Sharpe, 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. 756, Creating net greenhouse gas inventory.
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,
William R. Sharpe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Sharpe, 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. 760, Allowing former WVU School of Mines'
Director serve on Mine Inspectors' Examining Board.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,
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. 772 (originating in the Committee on Health
and Human Resources)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §16-
5Q-4, relating to subrogation rights of the Department of Health
and Human Resources on behalf of the James "Tiger" Morton
Catastrophic Illness Commission from personal insurance or other
sources; legal assignment of rights; setting forth effect of
subrogation; allowing action for compensatory damages; notice to
the Department of Health and Human Resources of intent to enter
judgment, award or settlement; giving the Department of Health and
Human Resources right to assert interest through assignment; and
providing for attorney fees.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 773 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §16-2D-1, §16-2D-5, §16-2D-
6 and §16-2D-9 of the Code of West Virginia, 1931, as amended, all
relating to certificate of need standards; establishing standards
for and guidance to the Health Care Authority in making amendments
and modifications to certificate of need standards; setting forth
factors for consideration in amending or modifying certificate of
need standards and rules; identifying sources for consideration in
amending or modifying certificate of need standards and
methodologies; providing that applications for a certificate of
need may be made subject to criteria contained in certificate of
need standards; providing that decisions may be made by the Health
Care Authority on applications for certificate of need standards
based upon a review conducted in accordance with certificate of
need standards; and clarifying the certificate of need standards
are not subject to legislative rulemaking.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 773)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Finance.
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. 774 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §22-1-2, §22-1-6, §22-1-7
and §22-1-8 of the Code of West Virginia, 1931, as amended, all
relating to the organization of offices within the Department of
Environmental Protection; and defining certain terms.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Government Organization.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 774)
contained in the foregoing report from the Committee on the
Judiciary was then referred to the Committee on Government
Organization.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4019, Relating to the preparation and
distribution of a digest or summary of the budget bill.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Unger, McCabe and Jenkins offered the following
resolution:
Senate Concurrent Resolution No. 47-
Requesting the Joint
Committee on Government and Finance study current and future
highway financing.
Whereas, Funding for the Division of Highways has not
increased relative to the cost of inflation; and
Whereas, This situation has limited the ability of the
Division of Highways to maintain the State of West Virginia's
highway system and to develop and construct new highways which are
essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of
additional federal funding in the near future which would require
the Division of Highways to provide additional matching state
funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by legislative acts to promote and secure funding for the construction
of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of
the Division of Highways are limited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study current and future highway financing; and, be it
Further Resolved, That the Joint Committee on Government and
Finance review and examine the abilities of local government and
various highway authorities in providing funding options over and
above that of the Division of Highways; 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 Hunter and McCabe offered the following resolution:
Senate Concurrent Resolution No. 48-
Requesting the Joint
Committee on Government and Finance study the siting of windmills
used to generate electricity.
Whereas, In recent years, there has been tremendous growth in businesses involved in producing energy through wind power
harnessed by huge windmills; and
Whereas, In order for these windmills to be economically
efficient and effective, they must be located in areas in which the
prevailing wind is sufficient to provide continuous power to
generate electricity; and
Whereas, In West Virginia, the best locations for these
windmills are on the high ridges of the Allegheny Mountains,
sometimes encroaching on wildlife habitats, flyways and scenic
views; and
Whereas, There are no clear guidelines to ensure that windmill
businesses seeking to establish wind farms in this state have
sufficient resources to complete projects, reduce negative impacts
on the environment and are economically sustainable; and
Whereas, There is a need to review all aspects of the
development of wind farms to determine how this relatively new
energy source may be properly regulated to ensure economic
viability, reduce environmental impacts and protect other uses
while, at the same time, benefitting the economy of local
communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the siting of windmills used to generate
electricity; and, be it
Further Resolved, That the study should include, but not be
limited to, the impact on the scenic areas of the state, wildlife habitat, competing uses of the land involving recreation, hunting
and tourism, and local government taxes and revenue policies; 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.
Senator Hunter offered the following resolution:
Senate Concurrent Resolution No. 49-
Requesting the Joint
Committee on Government and Finance study sludge impoundments and
mining subsidence.
Whereas, Breaks in coal slurry impoundments threaten the lives
and health of area residents, destroy homes and businesses and
contaminate water supplies; and
Whereas, Underground injections of coal sludge into old mines
have long been standard practice in West Virginia and is a
permitted process for storage of coal sludge; and
Whereas, A recent study of subsidence by the Pennsylvania
Department of Environmental Protection found that longwall mining
removes most of the coal in large underground tracts which causes the overlying rock to sag, resulting in subsidence at the ground
surface. According to the study, the timing and extent of this
subsidence is predictable and knowing when and where subsidence
occurs allows mine operators and surface owners to take steps to
avoid damage to surface structures and speeds the recovery of water
tables and streams; and
Whereas, It is incumbent on this Legislature to examine these
issues to ensure the safety and well-being of its citizens;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study sludge impoundments and mining subsidence; 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 McCabe, Hunter, Foster, Bailey and Unger offered the
following resolution:
Senate Concurrent Resolution No. 50-Requesting the Joint Committee on Government and Finance study issues of income adequacy
and analyze policies to help individuals striving for self-
sufficiency.
Whereas, With the passage of welfare legislation in 1996 and
the advent of work requirements and time limits, helping low-income
persons or welfare recipients become self-sufficient has become a
top priority; and
Whereas, The Self-Sufficiency Standard documents the cost of
living that families of different sizes must meet to live
independently without public or private assistance; and
Whereas, The Self-Sufficiency Standard shows that, for most
families, earnings that are above the official poverty level or
earnings that are high enough to disqualify them from welfare are
nevertheless far below what they need to meet their families' basic
needs; and
Whereas, The Self-Sufficiency Standard is currently being used
to better understand issues of income adequacy, to analyze policy
and to help individuals striving for self-sufficiency; and
Whereas, The West Virginia Community Voices Partnership has
developed and calculated the Self-Sufficiency Standard for 70
different family types in each county and metropolitan area in West
Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues of income adequacy and analyze policies
to help individuals striving for self-sufficiency; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is requested to study ways to help employers move toward
meeting the Self-Sufficiency Standard for West Virginia workers as
measured by the West Virginia Community Voices Partnership; and, be
it
Further Resolved, That the Joint Committee on Government and
Finance examine ways to use the Self-Sufficiency Standard as a
benchmark to measure activity of public-sponsored economic
development efforts, including, but not limited to, job creation
and wage levels tracked by the Economic Development Authority and
the West Virginia Development Office; 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 Plymale, Prezioso, Jenkins, Hunter and Harrison
offered the following resolution:
Senate Concurrent Resolution No. 51-
Requesting the Division of
Highways name the bridge crossing the Ohio River between
Huntington, Cabell County, and Proctorville, Ohio, also known as the East Huntington Bridge, the "Frank 'Gunner' Gatski Memorial
Bridge".
Whereas, Frank Gatski was born in Farmington, Marion County.
He grew up in Number Nine Mine coal camp and attended Farmington
High School. He went to work in the coal mines immediately after
graduating high school; and
Whereas, Upon entering Marshall College, Frank Gatski won a
starting position on the football team. After three seasons,
however, Marshall College was forced to discontinue its football
program for the duration of World War II; and
Whereas, Frank Gatski served two years in the Army infantry in
Europe. Upon returning, he finished his college career at Auburn
University. He successfully tried out for the Cleveland Browns and
was added to their roster at the beginning of the 1946 season; and
Whereas, Frank Gatski played for the Cleveland Browns from
1946 through 1956 and then for the Detroit Lions for the 1957
season. He played in 11 championship games in 12 seasons, with his
team winning eight times; and
Whereas, Frank Gatski was named to the All-NFL honor roll in
1951, 1952, 1953 and 1955 and played as a starting center in the
1956 Pro Bowl; and
Whereas, Throughout 20 years of playing football in high
school, college and professionally, Frank Gatski never missed a
game or practice; and
Whereas, Frank Gatski worked as a scout for the Boston
Patriots for four years before taking a job as that team's head coach and athletic director. He then embarked on a 21-year career
coaching at the West Virginia Industrial School for Boys in
Farmington; and
Whereas, Frank Gatski was inducted into the Marshall
University Athletic Hall of Fame on September 25, 1985; and
Whereas, Frank Gatski was inducted into the Pro Football Hall
of Fame on August 3, 1985; and
Whereas, Sadly, on November 22, 2005, Frank Gatski passed
away; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge crossing the Ohio River between Huntington,
Cabell County, and Proctorville, Ohio, also known as the East
Huntington Bridge, the "Frank 'Gunner' Gatski Memorial Bridge";
and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Frank 'Gunner' Gatski Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Foster, Dempsey, McCabe, Jenkins, Love, Edgell, Unger
and Harrison offered the following resolution:
Senate Resolution No. 25-
Designating February 22, 2006, as
"Law-Enforcement Appreciation Day".
Whereas, Citizens of West Virginia should pause to consider
the men and women of law enforcement who daily place their lives in
danger for our safety; and
Whereas, The men and women of law enforcement have dedicated
themselves to the communities they serve and have trained
efficiently to perform their duties; and
Whereas, Sadly, there are many law-enforcement officers who
pay the ultimate price and are killed in the line of duty; and
Whereas, It is fitting that the Senate pays tribute to the men
and women of law enforcement whose dedication and commitment to
protect and serve our citizens go unnoticed in our daily lives;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2006, as "Law-
Enforcement Appreciation Day"; and, be it
Further Resolved, That the Senate is proud of the men and
women who daily put their lives on the line and who uphold the
creed "To protect and serve"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to appropriate representatives of law
enforcement.
At the request of Senator Foster, 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.
Senators
Tomblin (Mr. President), Bailey, Bowman, Chafin,
Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe,
Unger and White
offered the following resolution:
Senate Resolution No. 26-
Designating February 22, 2006, as
"West Virginia Federation of Democratic Women Day".
Whereas, The West Virginia Federation of Democratic Women has
made many outstanding contributions to the Democratic Party by
encouraging the involvement of women in the electoral process,
urging qualified women to seek political office and advocating
party policy and legislation that concerns women; and
Whereas, The West Virginia Federation of Democratic Women
provides workshops, training sessions and candidate forums designed
to provide valuable information and training to its members; and
Whereas, The dedication and commitment of the West Virginia
Federation of Democratic Women are greatly appreciated by Democrats
who hold elective office throughout the state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2006, as "West
Virginia Federation of Democratic Women Day"; and, be it
Further Resolved, That the Senate hereby recognizes the West
Virginia Federation of Democratic Women for its outstanding
dedication and commitment to the party it serves and to the
electoral process of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the President of the West Virginia
Federation of Democratic Women.
At the request of Senator Chafin, 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 eighth order of business.
Eng. Senate Bill No. 112, Establishing Alzheimer's Disease
Registry.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 112) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 439, Strengthening one-call
system requirements for excavators' damage.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 439) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 468, Amending group
accident and sickness insurance requirements.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 468) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 516, Finding and declaring claims against
state.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 516) 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, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 516) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 630, Relating to cancellation of
combination insurance policies.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 630) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 631, Relating to criminal school truancy
complaints.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 631) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 632, Relating to disclosure of
electioneering communications.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 632) 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, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Minear--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. 632) 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 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. 228, Expanding Route 2 and Interstate 68
Authority territory.
Senate Bill No. 605, Relating to personal property tax receipt
as prerequisite proof for vehicle registration.
Senate Bill No. 613, Creating Community Empowerment
Transportation Act.
Senate Bill No. 771, Making technical corrections in fire
code.
And,
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time
prosecuting attorneys.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Kessler and Weeks.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Oliverio, unanimous consent being
granted, it was ordered that the Journal show had Senator Oliverio
been present in the chamber on yesterday, Tuesday, February 21,
2006, he would have voted "yea" on the passage of Engrossed
Committee Substitute for Senate Bill No. 47, Engrossed Committee
Substitute for Senate Bill No. 157, Engrossed Senate Bill No. 269,
Engrossed Committee Substitute for Senate Bill No. 396, Engrossed
Senate Bill No. 455, Engrossed Senate Bill No. 529, Engrossed
Senate Bill No. 530, Engrossed Senate Bill No. 551, Engrossed
Senate Bill No. 614, Engrossed Senate Bill No. 634 and Engrossed Senate Bill No. 635.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Minear.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 23, 2006, at 11 a.m.
____________