WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 23, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Michael Seely, First
Presbyterian Church, Parkersburg, West Virginia.
Pending the reading of the Journal of Thursday, February 22,
2007,
On motion of Senator Hunter, 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
that that body had receded from its amendment to, and the adoption
as amended by deletion, of
Senate Concurrent Resolution No. 10, Requesting state and
federal government recognize Berkeley and Jefferson counties as
part of historic Shenandoah Valley.
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. 2568--A Bill to amend and reenact §17G-2-3
of the Code of West Virginia, 1931, as amended, relating to
extending the sunset provision regarding racial profiling analysis
by two years.
Referred to the Committee on Government Organization.
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. 2748--A Bill to amend and
reenact §61-3-49 of the Code of West Virginia, 1931, as amended;
relating to the receipt and transfer of scrap metal; imposing of
additional reporting and record retention requirements for certain
purchasers of nonferrous metal or steel railroad track and track
material; clarifying procedure by which law enforcement officers
authority may take custody of items made of such metals upon
reasonable belief that a crime had been committed; providing for
the inspection of records and materials by investigators employed
by public utilities and railroads; providing for the return of such
metals under certain conditions; and increasing criminal penalties
for violations.
Referred to the Committee on the Judiciary.
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. 2764--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §33-12-37, relating to criminal history checks
for applicants for insurance producer licenses; defining terms;
requiring applicants to submit to criminal history records checks;
authorizing Insurance Commissioner to establish and collect fees;
requiring the Insurance Commission to transmit requests to the
State Police and Federal Bureau of Investigation; requiring certain
records be confidential; exempting certain information from
disclosure pursuant to subpoena or discovery; and authorizing
Insurance Commissioner to promulgate emergency and legislative
rules.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
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. 2776--A Bill to amend and
reenact §31-17-1 and §31-17-11 of the Code of West Virginia, 1931,
as amended, all relating to defining a loan originator to include
individuals working for licensees the majority of whose business consists of brokering; and permitting the commissioner to enter
into information sharing agreements with other mortgage regulators
Referred to the Committee on Banking and Insurance.
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. 2932--A Bill to amend and
reenact º61-2-29 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto four new sections,
designated º61-2-29a, º61-2-29b, º61-2-29c and §61-2-29d, all
relating to protecting incapacitated persons and the elderly;
defining terms; increasing the penalty for abuse or neglect;
establishing offenses and penalties for death by refusal or failure
to supply necessities; establishing the offenses and penalties for
death by abuse or neglect; and establishing offenses and penalties
for sexual assault and abuse.
Referred to the Committee on the Judiciary.
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. 3018--A Bill to amend and reenact §44-1-
14a of the Code of West Virginia, 1931, as amended, relating to
limiting the duplication of publication costs in the administration
of certain estates.
Referred to the Committee on the Judiciary.
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. 11--Requesting that the Joint
Committee on Government and Finance authorize the study of the
effects of underground injection of coal slurry on human health and
the environment.
Whereas, The underground injection of coal slurry is an
accepted method of coal slurry disposal for which the Department of
Environmental Protection issues permits; and
Whereas, The most recent information on the effects of
underground injection of coal slurry available to the Legislature
indicates the potential for harmful effects; and
Whereas, The effects of the underground injection of coal
slurry on the water resources of West Virginia are largely unknown;
and
Whereas, The effects of the underground injection of coal
slurry may present serious public health questions; and
Whereas, The effects of the underground injection of coal
slurry may present serious environmental questions; therefore, be
it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects of underground injection of coal
slurry on the water resources of West Virginia; and, be it
Further Resolved, That the Department of Environmental
Protection in conjunction with the Bureau for Public Health conduct
or contract to have conducted a comprehensive study of the effects
of underground injection of coal slurry including the following:
(1)An analysis of the chemical composition of coal slurry,
including an inventory of organic and inorganic compounds;
(2)A hydrogeological study of the migration of coal slurry
or its constituent contaminants from injection wells into the
ground waters or surface waters of West Virginia;
(3)A toxicological analysis of the effects of the coal
slurry and its constituents on human health;
(4)An epidemiological study of the effects of coal slurry
and its constituents on public health in communities where it is
determined that coal slurry or its constituents have migrated into
ground waters currently or historically used for domestic purposes;
(5)An environmental assessment of the effects on surface
water and aquatic ecosystems of the migration of coal slurry or its
constituents into surface waters; and
(6)Any other considerations that the Department of
Environmental Protection and the Bureau for Public Health deem to
be important; and, be it
Further Resolved, That the Department of Environmental Protection and the Bureau for Public Health ensure through multiple
sampling dates and locations that the resulting data identify
possible regional variation in the contents of coal slurry; and
collect samples of sufficient quantity to provide testable
quantities; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health report to the Joint
Committee on Government and Finance their findings, conclusions and
recommendations on or before the thirty-first day of December two
thousand seven; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health prepare and submit a
request to the Joint Committee on Government and Finance setting
forth the anticipated time necessary to conduct each phase of the
study and, if any funds in addition to the current amounts
appropriated to the Department of Environmental Protection and
Bureau for Public Health may be necessary to carry out the study
required herein, a specific proposal for additional funds; and, be
it
Further Resolved, That the Legislative expenses necessary to
conduct this study, to receive reports and to draft necessary
legislation be paid from legislative appropriations to the Joint
Committee on Government and Finance.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Rules.
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. 35--Requesting the Joint
Standing Committee on Pensions and Retirement study the effects of
the contested merger between the Teachers' Defined Contribution
Retirement System and the State Teachers Retirement System.
Whereas, The Legislature recognizes that teachers and
education service personnel in the State of West Virginia are
integral to a strong public education system; and
Whereas, Providing a stable retirement system assists the
state in the retention and recruitment of dedicated and hard-
working teachers and education service personnel; and
Whereas, The uncertainty surrounding the contested merger does
not serve the best interests of the state's teachers and education
service personnel; and
Whereas, Identifying the extent and implications of the
contested merger may alleviate some concerns for members in the
Teachers' Defined Contribution Retirement System; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Standing Committee on Pensions and Retirement
is hereby requested to study the effects of the contested merger
between the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System; and, be it
Further Resolved, That the Joint Standing Committee on
Pensions and Retirement report to the Joint Committee on Government
and Finance at its first meeting after July 1, 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.
Referred to the Committee on Pensions; and then to the
Committee on Rules.
The Senate proceeded to the sixth order of business.
Senators McCabe, Foster and Unger offered the following
resolution:
Senate Concurrent Resolution No. 46--Requesting the Joint
Committee on Government and Finance study sustainable funding
methods to conserve land important to West Virginia's natural
resources and economy.
Whereas, The State of West Virginia's rural character, natural
wonders, scenic beauty and recreational opportunities combine to
create an exceptional quality of life for its citizens; and
Whereas, West Virginia's landscapes serve to support vibrant timber and agricultural industries and draw tourists from around
the world; and
Whereas, West Virginia's lands provide all West Virginians
hunting, fishing, rafting, hiking and other recreational
opportunities important to their health and well-being; and
Whereas, West Virginia's lands are critical to the continued
health of the state's wildlife habitats which are some of the
richest places on earth for freshwater fish, deciduous trees and
other types of plants and animals found only in the Appalachians.
West Virginia's Wildlife Conservation Action Plan, mandated by
Congress and accepted by the United States Fish and Wildlife
Service, recognizes that habitat loss is a key issue confronting
conservation of the state's valuable fish and wildlife resources;
and
Whereas, The conversion of rural land to developed land in
West Virginia doubled between 1982 and 1997 (NRCS 2001); and
Whereas, West Virginia is lagging behind land conservation
investments made by over 40 other states, including large
investments in adjoining states, and a lack of sustainable funding
for conserving West Virginia's lands threatens the very resources
that contribute to West Virginia's quality of life; and
Whereas, Repeated polling shows that more than two thirds of
West Virginia voters support public spending to help preserve
forests, mountains and natural areas in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to study sustainable funding methods to
conserve land important to West Virginia's natural resources and
economy; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study potential funding mechanisms
and sustainable sources of revenue to support the conservation of
West Virginia's unique natural resources and important lands that
provide economic, health, environmental and other quality of life
benefits of the forests, farmlands, natural areas, wildlife
habitat, rivers, streams and other open spaces of West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Bailey, McCabe, Edgell, McKenzie, Oliverio,
Stollings, Unger, Kessler and Hunter offered the following
resolution:
Senate Resolution No. 36--Remembering President Lyndon B.
Johnson for his efforts to uplift the poor and downtrodden of
America through his "War on Poverty".
Whereas, Forty years ago in his first State of the Union
address, President Lyndon B. Johnson declared a "War on Poverty"
just weeks after succeeding to the White House upon the
assassination of President John F. Kennedy; and
Whereas, President Johnson's "War on Poverty" led Congress to
pass the Economic Opportunity Act and establish the Office of
Economic Opportunity to administer the local application of federal
funds targeted against poverty; and
Whereas, President Johnson's "War on Poverty" resulted in the
creation of such important programs as Head Start, food stamps,
work study, Medicare and Medicaid which still exist today; and
Whereas, The programs initiated through President Johnson's
"War on Poverty" brought about reduced poverty rates and improved
living standards for America's poor; and
Whereas, In recent times the issue of poverty in America has
assumed a less prominent role in the national agenda and the living
standards of America's poor have stagnated or declined; and
Whereas, It is in this context that we remember President Johnson's "War on Poverty" and we look to his great charge as a
reminder that there is still much to do in our country to alleviate
the scourge of poverty; therefore, be it
Resolved by the Senate:
That the Senate hereby remembers President Lyndon B. Johnson
for his efforts to uplift the poor and downtrodden of America
through his "War on Poverty"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Lyndon Baines Johnson Presidential
Library and Museum.
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.
Senator Sprouse offered the following resolution:
Senate Resolution No. 37--Encouraging colleges and
universities adopt an Academic Bill of Rights.
Whereas, The central purposes of a college or university are
the pursuit of truth, the discovery of new knowledge through
scholarship and research, the study and reasoned criticism of
intellectual and cultural traditions, the teaching and general
development of students to help them become more creative
individuals and productive citizens of a constitutional republic
and the transmission of knowledge and learning to a society at
large; and
Whereas, Free inquiry and free speech within the academic
community are indispensable to the achievement of the central
purposes of a university; and
Whereas, Academic freedom is most likely to thrive in an
environment of intellectual diversity that protects and fosters
independence of thought and speech; and
Whereas, It has long been recognized that intellectual
independence means the protection of students and faculty members
from the imposition of any orthodoxy of a political, ideological or
religious nature; and
Whereas, To secure the intellectual independence of faculty
members and students, protect the principles of academic freedom,
promote intellectual diversity and support the pursuit of knowledge
and truth as a fundamental purpose of the college or university,
the Senate strongly recommends that public colleges and
universities in the State of West Virginia create and adopt an
Academic Bill of Rights; therefore, be it
Resolved by the Senate:
That the Senate hereby encourages colleges and universities
adopt an Academic Bill of Rights; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Higher Education Policy
Commission, the president of every public college and university in
this state, the Governor and the Attorney General.
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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 45, Requesting Joint
Committee on Government and Finance reconstitute Select Committee
A on Children, Juveniles and Other Matters.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 18, Requiring third party
reimbursement for kidney disease screening.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
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. 18) passed.
On motion of Senator Prezioso, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 18--A Bill to amend and
reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section,
designated §9-5-20; to amend said code by adding thereto a new
section, designated §33-15-4i; to amend said code by adding thereto
a new section, designated §33-16-3s; to amend said code by adding
thereto a new section, designated §33-24-7i; to amend said code by
adding thereto a new section, designated §33-25-8g; and to amend
said code by adding thereto a new section, designated §33-25A-8h,
all relating to modifying required insurance benefits; modifying
required benefits for public employees insurance, accident and
sickness insurance, group accident and sickness insurance, hospital
service corporations, medical service corporations, dental service
corporations, health service corporations, health care corporations
and health maintenance organizations; requiring insurance policies
and medical benefit plans to include certain coverages when
medically appropriate and consistent with relevant national
guidelines; requiring coverage from Medicaid for testing for
chronic kidney disease; public education of providers on management
of chronic kidney disease; defining diagnostic criteria for chronic
kidney disease; ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for
Medicare-eligible retired employees; and providing that if a
Medicare/Advantage Prescription Drug Plan should fail, the Public
Employees Insurance Agency will take all Medicare-eligible retired
employees back into the existing Public Employees Insurance Agency
plan or provide another plan of equal or better coverage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 149, Repealing code section relating to
Child Assessment or In-State Placement Fund.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 149) 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. 207, Providing fine for violating terms
of bond.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's third reading calendar.
Eng. Senate Bill No. 376, Assessing fee for processing
scientific collecting permits.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 376) 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. 388, Relating to medical support provisions in child support orders.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 388) 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. 479, Authorizing county
commissions expend funds to repair certain orphan roads.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
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. 479) 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. 484, Finding and declaring certain 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, Edgell, Facemyer, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 484) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster, Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
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. 484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 569, Creating special fuels
taxes for deposit in Special Railroad and Intermodal Enhancement
Fund.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Thursday, February 22, 2007, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Plymale, the following amendment to the
bill was reported by the Clerk and adopted:
On pages five through seven, section eighteen-b, by striking
out all of subsection (f) and inserting in lieu thereof a new
subsection (f), to read as follows:
(f) Dedication of tax to highways. -- All tax collected under
the provisions of this section, after deducting the amount of any refunds lawfully paid, shall be deposited in the "road fund" in the
State Treasurer's office and used only for the purpose of
construction, reconstruction, maintenance and repair of highways,
and payment of principal and interest on state bonds issued for
highway purposes: Provided, That notwithstanding any provision to
the contrary, any tax collected on the sale of aviation fuel, after
deducting the amount of any refunds lawfully paid, shall be
deposited in the State Treasurer's office and transferred to the
State Aeronautical Commission to be used for the purpose of
matching federal funds available for the reconstruction,
maintenance and repair of public airports and airport runways:
Provided, however, That if, upon completion of a study relating to
the feasibility of the planning, development, construction and
operation of the intermodal facility at Prichard, West Virginia,
the Public Port Authority concludes that the planning, development,
construction and operation of the intermodal facility is
sustainable, and notwithstanding any provision of the code to the
contrary, up to four million three hundred thousand dollars of all
tax collected, annually, under the provisions of this section from
the motor fuel excise tax on special fuels used in railroad
locomotives after deducting the amount of any refunds lawfully paid
shall be deposited in the special fund hereby created and
established in the State Treasury and designated as Special
Railroad and Intermodal Enhancement Fund and transferred to the Public Port Authority. The money deposited in the fund shall be
used only for the purpose of construction, reconstruction,
maintenance and repair of railways, the construction of railway-
related structures and payment of principal and interest on state
bonds issued for railway purposes, as approved by the Public Port
Authority: Provided further, That the Public Port Authority is
hereby authorized to promulgate rules pursuant to article three,
chapter twenty-nine-a of this code to implement the provisions of
this subsection. The study relating to the feasibility of
planning, development, construction and operation of an intermodal
facility at Prichard, West Virginia, shall not be considered
completed pursuant to this section until the study has been
completed by the Public Port Authority. Notwithstanding any other
provision of this subsection to the contrary, all provisions of
this subsection relating to requiring the deposit of moneys in the
Special Railroad and Intermodal Enhancement Fund shall expire on
the thirtieth day of June, two thousand sixteen.
The bill, as just amended, was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 569 was
then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 569 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
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. 569) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senator Plymale regarding the
passage of Engrossed Committee Substitute for Senate Bill No. 569
were ordered printed in the Appendix to the Journal.
Eng. Senate Bill No. 589, Expanding powers and duties of
Director of Personnel.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 589) 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. 596, Requiring municipal elections'
personnel participate in training.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White and Tomblin (Mr. President)--30.
The nays were: Yoder--1.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 596) 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. 611, Relating to Division of Natural Resources' long-term contracts with third parties.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 611) 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. 613, Relating to crossbow restrictions.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 613) 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 House Bill No. 2791, Relating to penalties
for violating peace bonds.
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, Foster,
Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Fanning, Guills and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2791) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The end of today's third reading calendar having been reached,
the Senate returned to the consideration of
Eng. Senate Bill No. 207, Providing fine for violating terms
of bond.
On third reading, coming up in deferred order, was again
reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 57, Establishing reporting
requirements and information safeguards for regulated consumer
lender licensees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 66, Relating to WV Community
Corrections Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 107, Relating to threatening to
use a firearm or other deadly weapon as element of robbery in first
degree.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 319, Authorizing miscellaneous
boards and agencies promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 368, Creating Food Security Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 415, Authorizing magistrate courts assess fee
for criminal records checks.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating to
grievance procedures for certain state and educational employees.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page twenty-five, section three, line thirty-two, after the
word "default" by inserting a comma, striking out the remainder of
the subdivision and inserting in lieu thereof the words "as
permitted by subdivision (1) of this subsection, or that the remedy
is contrary to law or not proper or available at law, the
administrative law judge may deny the default, or modify the remedy to be granted to comply with the law or otherwise make the grievant
whole.";
On page twenty-five, section three, line forty, by striking
out the words "prior to" and inserting in lieu thereof the words
"at or before";
And,
On page twenty-nine, section three, lines one hundred twenty-
seven through one hundred twenty-nine, by striking out the words
"The chief administrator may allow witnesses during a conference or
hearing if a request is made by a party to bring one or more
witnesses." and inserting in lieu thereof the following: At level
one, the chief administrator may call witnesses and may allow
parties to call witnesses during a conference or hearing upon
request.
The bill (Com. Sub. for Com. Sub. for S. B. No. 442), as
amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 528, Depositing certain
pesticide license fees into Pesticide Control Fund.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 540, Providing tax credits for certain utility
taxpayers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 563, Authorizing Joint Committee on Government
and Finance to appoint certain Court of Claims' clerks.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 573, Creating programs to monitor physicians,
podiatrists and physician assistants who are recovering substance
abusers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 601, Revising provisions
governing motor vehicle dealers' establishment or relocation.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page nine, section twelve, line twenty-seven, by striking
out the word "relative" and inserting in lieu thereof the word
"relevant";
And,
On page nine, section twelve, line thirty-two, after the word
"dealer" by changing the period to a colon and inserting the
following proviso: Provided, That a new motor vehicle dealer of
the same line-make within the affected relevant market area shall not be permitted to bring such an action if the proposed relocation
site would be further from the location of the new motor vehicle
dealer of the same line-make than the location from which the
dealership is being moved.
The bill (Com. Sub. for S. B. No. 601), as amended, was then
ordered to engrossment and third reading.
Senate Bill No. 638, Establishing requirements for college and
work readiness credentials.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 643, Relating to insurance laws
violations investigations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 657, Requiring State Board of Education
incorporate 21st Century Skills Initiative into certain standards.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Plymale, the following amendment to the
bill was reported by the Clerk and adopted:
On page twelve, section five, line one hundred eighty-one,
after the word "act" by changing the semicolon to a period and
inserting the following: "The indicators for student progress in
reading and mathematics in grades kindergarten through second grade shall be measured by the informal assessment established by the
West Virginia Department of Education or other assessments, as
determined by the school curriculum team. If the school fails to
meet adequate yearly progress in reading or mathematics for two
consecutive years, the county superintendent, the school principal
and the school curriculum team shall decide whether a different
assessment should be used to verify that benchmarks are being met.
If the county superintendent, the school principal and the school
curriculum team differ on what assessment is used, then each entity
shall have one vote;".
The bill (S. B. No. 657), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 658, Relating to stalking
offense.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 675, Limiting arrest powers for day report
officers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 706, Limiting expungement of
certain criminal records.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 709, Authorizing circuit courts
grant custodial and noncustodial improvement periods to certain
juveniles.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 745, Relating to selling and serving beverages
in public schools.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 55, Updating mortality tables
used in life estate valuation.
Com. Sub. for Senate Bill No. 82, Creating Eyewitness
Identification Reform Act.
Com. Sub. for Senate Bill No. 84, Allowing county boards of
education enter into lease-purchase agreement for land, buildings
and equipment.
Com. Sub. for Com. Sub. for Senate Bill No. 100, Requiring
local school boards reimburse mileage to school service personnel
using own vehicle.
Com. Sub. for Senate Bill No. 185, Creating Tobacco Settlement
Finance Authority.
Com. Sub. for Senate Bill No. 201, Relating to payment of
certain costs in worthless check cases.
Senate Bill No. 203, Creating Purchasing Improvement Fund.
Com. Sub. for Senate Bill No. 278, Authorizing Department of
Health and Human Resources promulgate legislative rules.
Com. Sub. for Senate Bill No. 361, Establishing work programs
for qualified inmates.
Senate Bill No. 441, Relating to wind power projects tax
treatment.
Com. Sub. for Com. Sub. for Senate Bill No. 452, Creating WV
Kids First Act.
Com. Sub. for Senate Bill No. 475, Allowing appellant file
stay with Board of Zoning Appeals.
Com. Sub. for Senate Bill No. 524, Requiring proof of lawful
disposal of solid waste.
Com. Sub. for Senate Bill No. 529, Prohibiting requirement
that sexual offense victims pay costs of forensic examination.
Senate Bill No. 561, Removing exemption for certain salvage
yards from screening provisions.
Com. Sub. for Senate Bill No. 599, Eliminating early
resignation notification bonus for certain teachers.
Com. Sub. for Senate Bill No. 610, Relating to electronic
voting systems generally.
Com. Sub. for Senate Bill No. 617, Requiring voter history on
statewide registration system.
Senate Bill No. 626, Relating to child advocacy centers.
Senate Bill No. 631, Providing refundable exemption for
certain contractor purchases.
Com. Sub. for Senate Bill No. 654, Reconstituting
Hatfield-McCoy Regional Recreation Authority governing board.
Senate Bill No. 704, Establishing certain criminal penalties
relating to nonprofit corporations' crimes.
Senate Bill No. 707, Increasing jail processing fee amount.
Com. Sub. for Senate Bill No. 712, Relating to wine
regulations.
Com. Sub. for Senate Bill No. 721, Relating to tax map sales.
Senate Bill No. 746, Requiring Director of Division of
Personnel report on centralized personnel system.
Senate Bill No. 747, Creating Municipal Home Rule Pilot
Program.
And,
Senate Bill No. 748, Relating to structuring Electronic
Telecommunication Open Infrastructure Act.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 23rd day of February, 2007, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 142), Providing penalty for illegally possessing,
possessing with intent to distribute or distributing an iodine
matrix.
(S. B. No. 205), Clarifying violations of protective orders.
And,
(S. B. No. 360), Extending time local levying bodies may meet.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 23, Providing corporate tax credit for certain
qualified health insurance policies.
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. 23) 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 Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 64, Expanding Route 2 and Interstate 68
Authority territory.
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,
John R. Unger II,
Chair.
At the request of Senator Bowman, as chair of the Committee on
Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the
foregoing report from the Committee on Transportation and
Infrastructure.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 64) was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 95 (originating in the Committee
on Education), Relating to requiring county boards of education
make available certain training to teachers' aides.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 95 (originating in
the Committee on Finance)--A Bill to amend and reenact §18-20-2 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§18A-4-8a of said code; and to amend and reenact §18A-5-8 of said
code, all relating to requiring county boards of education to make
certain training available to all regularly employed teachers'
aides; increasing the pay grade for autism mentors; and, subject to
other provisions, prohibiting an aide or autism mentor from
transferring to another position after the fifth day prior to the
beginning of the instructional term.
And,
Com. Sub. for Senate Bill No. 650 (originating in the
Committee on Education), Relating to school bus transportation
schedules.
And reports back a committees substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 650 (originating
in the Committee on Finance)--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-5-48; and to amend and reenact §18-9D-2 and §18-9D-
16 of said code, all relating to time levels for bus routes of
students in grades prekindergarten through five; providing for the
establishment, maintenance and adherence to schedules for one-way
bus transportation time levels under normal weather operating
conditions; prohibiting the creation of new bus routes in the wake
of a closure or consolidation of an existing school facility in
which the travel time levels for students in certain grades exceed
certain levels; allowing for county school boards to seek a waiver
from the prohibition from the State Board of Education and the
School Building Authority; defining certain terms; and providing
that the School Building Authority and State Board of Education
cannot approve any facilities plan until it approves any waiver
requested by a county board.
With the recommendation that the two committee substitutes for committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 165, Creating funding program
for certain schools instituting school uniform policies.
And,
Senate Bill No. 510, Allowing State Board of Education members
participate in public employees insurance program.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 337, Establishing greenhouse gases inventory
program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 337 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend the Code
of West Virginia, 1931, as amended, by adding thereto a new
section, designated §22-5-19, relating to the establishment of a
program to inventory emissions, reductions and carbon
sequestrations of greenhouse gases; creating a voluntary registry
for the reporting of voluntary reductions of greenhouse gas
emissions if the reductions are made before they are required by
law; providing public recognition of voluntary reduction or
avoidance of greenhouse gases; providing definitions; and providing
consideration of the reductions under future federal greenhouse gas
emission reduction programs.
And,
Senate Bill No. 622, Including theft of oil, natural gas,
telecommunications service or solid waste service as crimes against
property.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 622, (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact §61-3-45 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§61-3-59, all relating to the theft of oil, natural gas, water, telecommunications, electric and solid waste service; and providing
criminal penalties.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
Senator Hunter requested unanimous consent that the bills
(Com. Sub. for S. B. Nos. 337 and 622) contained in the preceding
report from the Committee on Energy, Industry and Mining be taken
up for immediate consideration.
Which consent was not granted, Senator Sprouse objecting.
On motion of Senator Hunter, the bills (Com. Sub. for S. B.
Nos. 337 and 622) were each taken up for immediate consideration,
read a first time, ordered to second reading and, under the
original double committee references, were then referred to the
Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the fourth order of business.
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. 406, Including qualified continuing care
retirement communities under Tax Limitations Amendment provisions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 406) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
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. 498, Relating to liquefied petroleum
gas-consuming equipment and appliances.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 498 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §47-10A-1, §47-10A-2 and §47-10A-3, all 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 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; 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.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 498) contained in the
preceding report from the Committee on Government Organization 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 the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 518, Conforming WV Works Program
with federal law requirements.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 21, 2007;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
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. 526, Relating to political activities of deputy sheriffs and municipal police officers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 527, Allowing health insurance personal income
tax deduction.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 527 (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 §11-21-12h, relating to allowing a federal
adjusted gross income deduction for the amount spent on health
insurance; and defining terms.
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.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 527) 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
Com. Sub. for Senate Bill No. 541 (originating in the
Committee on Education), Relating to public school finance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 541 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-1C-5b; to amend and reenact §11-8-6f of said code;
to amend said code by adding thereto a new section, designated §11-
21-23; to amend and reenact §18-9A-2 and §18-9A-11 of said code;
and to amend said code by adding thereto a new section, designated
§18-9A-2a, all relating to public school finance; requiring local
share to be calculated assuming properties are being assessed at sixty percent of market value; eliminating the one-percent limit on
revenue generated by the regular school board levy; freezing the
school board levy rates at their current rate; amending "growth
county" definition and clarifying what new property values to
include for the purposes of the Growth County School Facilities
Act; increasing state aid to financially impacted counties and
counties assessing at a minimum of fifty-seven percent of market
value by reducing the percentage used to calculate levies for
general current expense purposes; providing for a refundable
property tax credit for real property taxes paid in excess of a
certain percent of income; requiring that a library funding
obligation created by special act be paid from certain funds;
limiting a library funding obligation; allowing, under certain
conditions,
a transfer of the library funding obligation so that
the obligation is paid from excess levy revenues; and voiding the
library funding obligation under certain conditions
.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 550, Eliminating bond requirement for person
authorized to perform marriages.
And,
Senate Bill No. 708, Modifying registration requirements of
charities.
And reports the same back with the recommendation that they
each 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. 606, Distributing application for absentee
voting by electronic mail.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 606 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact
§3-3-5
of
the Code of West Virginia, 1931, as amended, relating to absentee
voting; providing that the application for absentee voting may be
distributed and returned by electronic mail; providing procedures
for distribution and return of absentee ballots by electronic mail;
providing for distribution and return by facsimile of ballots for an absent uniformed services voter or overseas voter; and providing
procedures for tabulating facsimile ballots.
Senate Bill No. 607, Providing elected political party
executive committee members' term of office.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 607 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1-9 of
the Code of West Virginia, 1931, as amended, relating to political
party executive committees; requiring clerk of county commission to
report election of members of and vacancies on executive
committees; establishing definite terms of office for executive
committee members; providing time after election of executive
committee members for holding organizational meeting; changing time
to fill vacancies on executive committees; setting time for
submission of changes in executive committee membership to the
Secretary of State; removing deadline for chair of executive
committee to fill vacancies; and providing for chair of state
executive committee to fill vacancy on district executive committee
where chair of county executive committee fails to fill vacancy.
Senate Bill No. 619, Relating to election day procedures and
preparation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 619 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1-34 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §3-4A-16 and §3-4A-30 of said code, all relating to
election day procedures and preparation; providing for handicapped
individuals to vote on election day; providing that clerks must
assure voter privacy by placement of voting devices and/or booths;
and providing for sufficient space and notice of precinct
consolidation.
And,
Senate Bill No. 713, Relating to campaign finance filings.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 713 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-8-1a,
§3-8-2, §3-8-2b, §3-8-3, §3-8-4, §3-8-5, §3-8-5a, §3-8-5b and §3-8-
5e of the Code of West Virginia, 1931, as amended, all relating to
campaign finance filings; defining terms; setting value for in-kind
contributions; permitting a political committee created by a
membership organization to solicit contributions only from its
members; requiring expedited filings of independent expenditure
filings within fifteen days of election; requiring certain
independent expenditures to be filed as electioneering
communications; lowering the threshold of electioneering communications to be reported fifteen days prior to an election;
modifying requirements for political committee treasurers of
candidates from offices larger than one county; modifying the
reporting periods; requiring certain information for contributions
in excess of two hundred fifty dollars; clarifying that details of
third-party expenditures must be filed; requiring electronic filing
for statewide candidates; and clarifying where campaign finance
reports are filed.
With the recommendation that the four 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. 608, Disclosing employers in default of
unemployment compensation payments.
Senate Bill No. 616, Relating to election ballots.
And,
Senate Bill No. 618, Relating to filing requirements for
write-in candidates.
And reports the same back with the recommendation that they
each 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
Com. Sub. for Senate Bill No. 612, Increasing criminal
penalties for violations of certain hunting and fishing laws by
nonresidents.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on February 20, 2007;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 667, Creating WV Andrew J. Trail Purple Heart
Recipient College Bill of Rights Act of 2007.
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,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being
granted, the bill (S. B. No. 667) contained in the preceding report
from the Committee on Military 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 Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 669, Allowing Commissioner of Highways
transfer cash surpluses among agency funds.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (S. B. No. 669) contained in the preceding report
from the Committee on Transportation and Infrastructure 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 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. 679, Relating to Water Resource Protection and
Management Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 679 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §22-26-1,
§22-26-2, §22-26-3, §22-26-5 and §22-26-6 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto four new sections, designated §22-26-7, §22-26-8, §22-26-9
and §22-26-10, all relating to the Water Resources Protection and
Management Act; establishing legislative findings; defining certain
terms; continuing the water resources survey; continuing mandatory
registration of certain water users; requiring reports to the
Legislature; requiring development of county, regional and state
water resources plans; setting forth powers and duties of the
Secretary of Department of Environmental Protection with regard to
development of water resources plans; creating county water
resources boards and establishing powers and duties; creating regional water resources planning commissions and establishing
powers and duties; establishing criteria for state, regional and
county water resources plans; authorizing development of critical
area water resources plans; and establishing criteria for critical
area water resources plans.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 679) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration, read a first time and ordered to
second reading.
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. 681, Relating to WV Capital Company Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 681 (originating in the
Committee on Finance)--A Bill to repeal §5E-1-6, §5E-1-7, §5E-1-17
and §5E-1-22 of the Code of West Virginia, 1931, as amended; to
repeal §5E-2-5 of said code; and to amend and reenact §5E-1-1, §5E-1-2, §5E-1-4, §5E-1-5 and §5E-1-8 of said code, all relating
generally to West Virginia Capital Company Act; renaming the act
the Community Redevelopment Act; eliminating authority to grant tax
credits to capital companies, economic development and technology
advancement centers and West Virginia business development
corporations; modifying declaration of policy; removing, deleting,
amending or adding definitions of certain terms; allowing tax
credits to be awarded to certified West Virginia small business
investment companies and certified community development venture
capital funds; extinguishing authority of Economic Development
Authority to promulgate legislative rules relating to economic
development and technology advancement centers; authorizing the
Department of Commerce to promulgate rules to measure the economic
and social impacts of the investments; requiring the authority to
prepare an annual report on the economic and social impacts of the
investments; specifying amount of tax credits that may be awarded
in the aggregate and to any one company of fund; specifying
internal dates; and repealing obsolete language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 681) contained in the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 738, Requiring WV Parkways, Economic
Development and Tourism Authority present proposed toll revision to
Joint Committee on Government and Finance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 738 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §17-16A-6a, relating to the West Virginia Parkways,
Economic Development and Tourism Authority; requiring the authority
to report a proposed toll or a toll revision to the Joint Committee
on Government and Finance; and requiring the Legislature to vote on
the proposed toll or a toll revision.
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 Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 738) contained in the
preceding report from the Committee on Government Organization 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 Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 744, Creating Highway Corridor Infrastructure
Assistance Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 744 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a
new section, designated §31-15A-25, relating to infrastructure
planning for new roads; and creating a Highway Corridor
Infrastructure Assistance Program.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 744) contained in the
preceding report from the Committee on Transportation and
Infrastructure 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 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 Concurrent Resolution No. 15, Requesting Joint
Committee on Government and Finance study the effects of coal
slurry.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 15 (originating
in the Committee on Energy, Industry and Mining)--
Requesting the
Joint Committee on Government and Finance study effects of
underground injection of coal slurry on human health and the environment.
Whereas, The underground injection of coal slurry is an
accepted method of coal slurry disposal for which the Department of
Environmental Protection issues permits; and
Whereas, The most recent information on the effects of
underground injection of coal slurry available to the Legislature
indicates the potential for harmful effects; and
Whereas, The effects of the underground injection of coal
slurry may present serious public health and environmental
questions; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of underground injection of coal
slurry on human health and the environment; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health shall jointly design
and conduct, or contract to have conducted, a comprehensive study
on the effects of underground injection of coal slurry, including
the following:
(1)An analysis of the chemical composition of coal slurry,
including an inventory of organic and inorganic compounds;
(2)A hydrogeological study of the migration of coal slurry
or its constituent contaminants from injection wells into the
ground waters or surface waters of West Virginia;
(3)An analysis of the effects of the coal slurry and its
constituent contaminants on human health;
(4)A study of the effects of coal slurry and its constituent
contaminants on public health in communities where it is determined
that coal slurry or its constituent contaminants have migrated into
ground waters currently or historically used for domestic purposes;
(5)An environmental assessment of the effects on surface
water and aquatic ecosystems of the migration of coal slurry or its
constituent contaminants into surface waters; and
(6)Any other considerations that the Department of
Environmental Protection and the Bureau for Public Health deem to
be important; and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health ensure, through
multiple sampling dates and locations, that the resulting data
identify possible regional variation in the contents of coal slurry
and collect samples of sufficient quantity to provide testable
quantities; and, be it
Further Resolved, That the Department of Environmental
Protection shall submit its findings for evaluation by the Bureau
for Public Health and report to the Joint Committee on Government
and Finance on its findings, conclusions and recommendations on or
before December 31, 2007; and, be it
Further Resolved, the Bureau for Public Health report to the Joint Committee on Government and Finance on its findings,
conclusions and recommendations on or before December 31, 2008;
and, be it
Further Resolved, That the Department of Environmental
Protection and the Bureau for Public Health prepare and submit a
request to the Joint Committee on Government and Finance setting
forth the anticipated time necessary to conduct each phase of the
study and, if any funds in addition to the current amounts
appropriated to the Department of Environmental Protection and the
Bureau for Public Health may be necessary to carry out the study
required herein, a specific proposal for additional funds; and, be
it
Further Resolved, That the expenses necessary to conduct this
study, to prepare reports and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
With the recommendation that the committee substitute be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The resolution (Com. Sub. for S. B. No. 15), under the
original double committee reference, was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2718, Authorizing West
Virginia Lottery Table Games at State Racetracks.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on the Judiciary pending.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Hall, Sypolt and Bowman.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senators Hall and Sypolt were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Fanning, Guills and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 26, 2007, at 11 a.m.
____________