WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
TWENTY-EIGHTH DAY
____________
Charleston, W. Va., Tuesday, February 7, 2006
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Mervin Smith, District
Superintendent of the West Virginia South District Church of the
Nazarene, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 6,
2006,
On motion of Senator Kessler, 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. 4308--A Bill to amend and reenact §17C-5A-
1a of the Code of West Virginia, 1931, as amended, relating to
limiting the definition of conviction for purposes of
administrative license revocation proceedings.
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. 4349--A Bill to amend and reenact §17A-2-
24 of the Code of West Virginia, 1931, as amended, relating to
continuation of the Division of Motor Vehicles.
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. House Bill No. 4350--A Bill to amend and reenact §48-26-
1102 of the Code of West Virginia, 1931, as amended, relating to
continuation of the Family Protection Services Board.
Referred to the Committee on Government Organization.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 133, Relating to State and County Removal of
Abandoned Automobile Projects.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Natural Resources pending.
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. 295, Authorizing Department of Administration
promulgate legislative rule relating to selecting design-builders
under Design-Build Procurement Act.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 341, Authorizing Division of Forestry
promulgate legislative rule relating to ginseng.
And reports the same back with the recommendation that it do
pass; but with the recommendation that it first be referred to the
Committee on Finance; and then, under the original double committee
reference, to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (S. B. No. 341)
contained in the foregoing report from the Committee on Natural
Resources was referred to the Committee on Finance; and then, under
the original double committee reference, to the Committee on the
Judiciary.
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. 352, Authorizing Division of Highways
promulgate legislative rule relating to use of state road
rights-of-way and adjacent areas.
And reports the same back with the recommendation that it do
pass; but with the recommendation that it first be referred to the
Committee on Finance; and then, under the original double committee
reference, to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Unger, the bill (S. B. No. 352) contained
in the foregoing report from the Committee on Transportation and
Infrastructure was referred to the Committee on Finance; and then,
under the original double committee reference, to the Committee on
the Judiciary.
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. 374, Authorizing Division of Motor Vehicles
promulgate legislative rule relating to denial, suspension,
revocation, restriction or nonrenewal of driving privileges.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator 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. 375, Authorizing Division of Motor Vehicles
promulgate legislative rule relating to motor vehicle dealers and
other businesses.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 376, Authorizing Division of Natural Resources
promulgate legislative rule relating to boating.
And,
Senate Bill No. 378, Authorizing Division of Natural Resources
promulgate legislative rule relating to commercial whitewater
outfitters.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 377, Authorizing Division of Natural Resources
promulgate legislative rule relating to falconry.
Senate Bill No. 381, Authorizing Division of Natural Resources
promulgate legislative rule relating to wild boar hunting.
And,
Senate Bill No. 382, Authorizing Division of Natural Resources
promulgate legislative rule relating to special waterfowl hunting.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 406, Authorizing Board of Veterinary Medicine
promulgate legislative rule relating to organization and operation.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 499, Including nationally certified Main
Street programs in Certified Development Community Program.
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,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Love, Dempsey, Barnes, Oliverio, Bowman and
Kessler:
Senate Bill No. 508--
A Bill to amend and reenact §50-1-8 and
§50-1-9 of the Code of West Virginia, 1931, as amended, all
relating to increasing salaries for magistrate clerks, magistrate
assistants and magistrate deputy clerks.
Referred to the Committee on Finance.
By Senators Kessler, Tomblin (Mr. President), Harrison,
Caruth, Oliverio, Chafin, Dempsey, Foster, Helmick, Jenkins,
Minard, Love, White, Plymale, Deem, Facemyer, Weeks, Minear,
Guills, Yoder, Bowman, Bailey, Boley, Unger and Sharpe:
Senate Bill No. 509--A Bill to amend and reenact §17A-6A-3,
§17A-6A-4, §17A-6A-8, §17A-6A-8a, §17A-6A-10, §17A-6A-15, §17A-6A-
16 and §17A-6A-17 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 damages are 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 is phased out; establishing prohibition of a surcharge for
recovery of retail rates for warranty and recall work; 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; requiring incentive programs be
offered to all dealers within a geographical area; prohibiting
manufacturers and distributors from requiring facility upgrades as
a condition of offering certain vehicle models; limiting fees and
penalties for exported or resold vehicles to situations where the
dealer has intent to immediately export or resell; requiring
manufacturer or distributor responsibility for all damage to
vehicles prior to dealer taking possession; providing for
continuation of business during pending litigation; and providing
for payment of expenses for accounting and nonlegal advisors by the
manufacturer or distributor prior to the exercise of a first right
of refusal.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Kessler, McCabe, Foster, Edgell,
Oliverio and Hunter:
Senate Bill No. 510--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto four new sections,
designated §5B-2-15, §5B-2-16, §5B-2-17 and §5B-2-18, all relating
to creating the position of State Trails Coordinator within the
Development Office; providing certain legislative findings regarding trails; listing the powers of the State Trails
Coordinator; creating a State Trails Advisory Committee; specifying
the responsibilities of the State Trails Advisory Committee; and
providing for reports.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster, McCabe, Harrison, Sprouse and Barnes:
Senate Bill No. 511--
A Bill to amend and reenact §8-22-19 and
§8-22-20 of the Code of West Virginia, 1931, as amended, all
relating to municipal policemen's and firemen's pension funds;
authorizing increased employee and employer contributions to the
funds; and promoting flexibility in contributions.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Hunter:
Senate Bill No. 512--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-4-21, relating to prohibiting insurers offering
liability coverage from denying, refusing to renew or imposing an
increased premium for coverage because the person to be covered is
a dog owner and owns a particular breed of dog; and providing
exceptions.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Hunter and Love:
Senate Bill No. 513--
A Bill to amend and reenact §18A-2-13 of the Code of West Virginia, 1931, as amended, relating to making the
scheduling guidelines for school cooks mandatory rather than
optional for county boards.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Jenkins:
Senate Bill No. 514--
A Bill to amend and reenact §31C-4-1 of
the Code of West Virginia, 1931, as amended, relating to credit
unions generally; and including persons with common bonds or
persons who reside in well-defined communities as eligible for
membership in a credit union.
Referred to the Committee on Banking and Insurance.
By Senators Jenkins and Plymale:
Senate Bill No. 515--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-11-1c, relating to costs assessed against certain
criminal defendants in municipal courts; adding a cost to benefit
counties; and addressing distribution of costs when a defendant
fails to pay any or only part of assessed costs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love, Sharpe, Edgell and Minear:
Senate Bill No. 516--
A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
By Senators Foster, Unger and Hunter:
Senate Bill No. 517--
A Bill to amend and reenact §49-5-13a and
§49-5-20 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §49-5D-3 of said code, all relating to juvenile
proceedings and multidisciplinary teams; requiring the Division of
Juvenile Services to establish a multidisciplinary team treatment
planning process for certain juveniles in its custody; requiring
multidisciplinary team to be convened and directed by the Division
of Juvenile Services for juveniles committed to its custody by the
court for examination and diagnosis; specifying members of the
multidisciplinary team; requiring multidisciplinary team to be
convened for juveniles prior to discharge from a juvenile
correctional facility; and authorizing those who convene a
multidisciplinary team meeting to obtain an order of the circuit
court setting a hearing and compelling attendance.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Hunter and Dempsey:
Senate Bill No. 518--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-22, relating to employer communications about
politics, religion or labor organizing activities; prohibiting
certain employers from meeting and communicating with employees
regarding the employer's political, religious or labor organizing
activities; and providing a civil remedy for violations.
Referred to the Committee on the Judiciary.
By Senators
Prezioso, Unger, Fanning, Tomblin (Mr. President),
Love, Kessler, Minard, Harrison, Bowman, Plymale, Jenkins, Yoder,
Guills, Bailey, Chafin, McKenzie, Hunter, Facemyer, Weeks, Barnes,
Edgell, Oliverio, Sharpe, Caruth, Dempsey, Sprouse, Minear, Boley,
Deem, White and Helmick
:
Senate Bill No. 519--
A Bill to amend and reenact §16-2F-2,
§16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of
the Code of West Virginia, 1931, as amended, all relating to
parental notification requirements for abortions performed on
unemancipated minors; defining terms; providing for a waiver;
requiring notice to minors of a right to petition the family court;
reporting requirements; providing remedies; specifying when notice
is not required; providing penalties; and providing a severability
clause.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Weeks:
Senate Bill No. 520--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §7-5B-1, §7-5B-2, §7-5B-3, §7-5B-4, §7-5B-5, §7-5B-6 and
§7-5B-7; to amend said code by adding thereto a new article,
designated §8-13D-1, §8-13D-2, §8-13D-3, §8-13D-4, §8-13D-5,
§8-13D-6 and §8-13D-7; to amend said code by adding thereto a new
section, designated §11-1C-1c; to amend said code by adding thereto
a new section, designated §11-5-15; to amend and reenact §11-6-13, §11-6-14, §11-6-15, §11-6-18, §11-6-19, §11-6-20, §11-6-21,
§11-6-22 and §11-6-23 of said code; to amend said code by adding
thereto a new section, designated §11-6D-9; to amend said code by
adding thereto a new section, designated §11-6F-7; to amend said
code by adding thereto four new sections, designated §11-8-1a,
§11-8-2a, §11-8-3a and §11-8-23a; to amend and reenact §11-8-4,
§11-8-5, §11-8-6, §11-8-6a, §11-8-6b, §11-8-6c, §11-8-6d, §11-8-6e,
§11-8-6f, §11-8-12, §11-8-12a, §11-8-13, §11-8-16, §11-8-17 and
§11-8-24 of said code; to amend and reenact §11-9-2 of said code;
to amend and reenact §11-10-3 of said code; to amend said code by
adding thereto a new section, designated §11-10-11b; to amend and
reenact §11-12-1, §11-12-26 and §11-12-75 of said code; to amend
and reenact §11-13-2e and §11-13-2o of said code; to amend and
reenact §11-13A-2, §11-13A-3 and §11-13A-20a of said code; to amend
and reenact §11-13B-3 of said code; to amend said code by adding
thereto a new section, designated §11-13B-19; to amend said code by
adding thereto a new section, designated §11-13C-17; to amend said
code by adding thereto a new section, designated §11-13D-11; to
amend said code by adding thereto a new section, designated
§11-13E-8; to amend said code by adding thereto a new section,
designated §11-13F-6; to amend said code by adding thereto a new
section, designated §11-13G-6; to amend said code by adding thereto
a new section, designated §11-13J-13; to amend said code by adding
thereto a new section, designated §11-13K-7; to amend said code by
adding thereto a new section, designated §11-13N-13; to amend said
code by adding thereto a new section, designated §11-13Q-22; to amend said code by adding thereto a new section, designated
§11-13R-13; to amend said code by adding thereto a new section,
designated §11-13S-11; to amend said code by adding thereto a new
section, designated §11-15-34; to amend said code by adding thereto
a new section, designated §11-15A-30; to amend said code by adding
thereto a new article, designated §11-15C-1, §11-15C-2, §11-15C-3,
§11-15C-4, §11-15C-5, §11-15C-6, §11-15C-7, §11-15C-8, §11-15C-9,
§11-15C-10, §11-15C-11, §11-15C-12, §11-15C-13, §11-15C-14,
§11-15C-15, §11-15C-16, §11-15C-17, §11-15C-18, §11-15C-19,
§11-15C-20, §11-15C-21, §11-15C-22, §11-15C-23, §11-15C-24,
§11-15C-25 and §11-15C-26; to amend said code by adding thereto a
new section, designated §11-19-13; to amend said code by adding
thereto two new sections, designated §11-21-8i and §11-21-96; to
amend said code by adding thereto a new article, designated
§11-21A-1, §11-21A-2, §11-21A-3, §11-21A-4, §11-21A-5, §11-21A-6,
§11-21A-7, §11-21A-8, §11-21A-9, §11-21A-10, §11-21A-11,
§11-21A-12, §11-21A-13, §11-21A-14, §11-21A-15, §11-21A-16,
§11-21A-17, §11-21A-18, §11-21A-19, §11-21A-30, §11-21A-31,
§11-21A-32, §11-21A-33, §11-21A-34, §11-21A-35, §11-21A-36,
§11-21A-37, §11-21A-38, §11-21A-51, §11-21A-52, §11-21A-53,
§11-21A-54, §11-21A-55, §11-21A-56, §11-21A-57, §11-21A-58,
§11-21A-59, §11-21A-60, §11-21A-61, §11-21A-71, §11-21A-72,
§11-21A-73, §11-21A-74, §11-21A-75, §11-21A-76, §11-21A-77,
§11-21A-78, §11-21A-79, §11-21A-80 and §11-21A-81; to amend said
code by adding thereto a new section, designated §11-23-29; to
amend said code by adding thereto two new sections, designated §11-24-23h and §11-24-43; to amend said code by adding thereto a
new section, designated §11-27-37; to amend said code by adding
thereto a new article, designated §11-28-1, §11-28-2, §11-28-3,
§11-28-4, §11-28-5, §11-28-6, §11-28-7, §11-28-8, §11-28-9,
§11-28-10, §11-28-11, §11-28-12, §11-28-13, §11-28-14, §11-28-15,
§11-28-16, §11-28-17, §11-28-18, §11-28-19, §11-28-20 and
§11-28-21; and to amend said code by adding thereto a new section,
designated §17A-3-4a, all relating generally to the comprehensive
reform of the state's tax laws; granting county governments more
flexibility in raising revenues; granting municipalities more
flexibility in raising revenues; providing for the phase-out of ad
valorem taxation of tangible personal property; allocating the
revenues from ad valorem taxation of the property of public service
businesses exclusively to the state; prospectively terminating the
alternative fuel motor vehicle tax credit; prospectively
terminating the special method for appraising qualified capital
additions to manufacturing facilities; revising the allocation of
the authority to lay levies of ad valorem property taxes; extending
the applicability of the Tax Crimes and Penalties Act to general
excise tax, progressive income tax and business activities and
profits tax; extending the applicability of the Tax Procedure and
Administration Act to general excise tax, progressive income tax
and business activities and profits tax; increasing the rate of tax
on corporations with substantial land holdings and providing a
credit against tax for severance taxes paid; phasing out business
and occupation tax on the business of gas storage; phasing down the rate of business and occupation tax on the business of generating
or selling electricity; terminating the imposition of tax on
certain health care services; phasing out telecommunications tax;
prospectively terminating the credits for business investment and
jobs expansion, industrial expansion and revitalization, research
and development, certain housing development, management
information services facilities, facilities producing coal-based
liquids, aerospace facilities and coal-loading facilities; reducing
electric and natural gas utility rates for low-income customers;
reducing telephone utility rates for low-income residential
customers, neighbor investment and agricultural equipment;
prospectively terminating the economic opportunity, strategic
research and manufacturing investment tax credits; preserving the
economic benefit of all terminated credits for taxpayers who gained
entitlement to such credits prior to their termination; terminating
consumers sales and service tax and use tax; imposing general
excise tax; terminating soft drinks tax; terminating personal
income tax; imposing progressive income tax; terminating business
franchise tax; terminating corporation net income tax; phasing out
health care provider tax; imposing business activities and profits
tax; terminating motor vehicle title privilege tax; and providing
an effective date of all such enactments based on the voters'
ratification of the fair taxation amendment to the Constitution of
West Virginia.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senator Hunter offered the following resolution:
Senate Concurrent Resolution No. 36--
Requesting the Division
of Highways name the bridge on I-68 crossing Cobun Creek near mile
marker 3 in Monongalia County the "Karen Lee Brown Memorial
Bridge".
Whereas, Karen Lee Brown was a lifelong resident of Fairmont,
Marion County; and
Whereas, Karen Lee Brown was tragically killed in a car
accident on November 25, 2002, near the I-68 bridge crossing Cobun
Creek; and
Whereas, Karen Lee Brown is survived by her husband, Donald R.
Brown, two children, Donald E. Brown and Ladawna M. Hainor, and
three grandchildren; and
Whereas, It is only fitting that the bridge on I-68 near where
this loving wife, mother and grandmother tragically lost her life
be named in her honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge on I-68 crossing Cobun Creek near mile marker 3
in Monongalia County the "Karen Lee Brown Memorial Bridge"; and, be
it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Karen Lee Brown 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 and Donald R. Brown.
Which, under the rules, lies over one day.
Senators Unger, Foster and Hunter offered the following
resolution:
Senate Resolution No. 12-
Recognizing the Warming Hands and
Hearts Initiative for helping low-income West Virginians deal with
the high cost of home heating.
Whereas, The purpose of the Warming Hands and Hearts
Initiative is to optimize the use of existing energy assistance
programs, identify and mitigate barriers to systemic solutions and
focus limited resources toward West Virginians with the greatest
need; and
Whereas, The Warming Hands and Hearts Initiative has become a
catalyst for improving the efficiency of community health and human
services agencies in linking needy individuals and families to
community resources and for maximizing the use of limited
assistance resources; and
Whereas, The Warming Hands and Hearts Initiative focuses on
harnessing the power of government, nonprofit health and human
services agencies and faith-based communities to better target
emergency assistance to low-income West Virginians while also
identifying and creating long-term solutions to core problems which
affect low-income citizens' ability to deal with energy cost
fluctuations; and
Whereas, The Warming Hands and Hearts Initiative's network of
local branches of the Department of Health and Human Resources, local nonprofit agencies, local faith-based communities and local
media has increased its capacity to respond to the home heating
crisis and any other crisis in the future; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Warming Hands and Hearts
Initiative for helping low-income West Virginians deal with the
high cost of home heating; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials associated
with the Warming Hands and Hearts Initiative.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senator White presented a petition from Tom Louisos and
numerous West Virginia residents, requesting the Legislature to
keep West Virginia University Institute of Technology's Leonard C.
Nelson College of Engineering in Montgomery and to allocate moneys
to support the engineering programs.
Referred to the Committee on Education.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 174, Relating to State Police Death, Disability and Retirement Fund benefits.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 174) 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. 364, Removing sunset
provision from West Virginia Jobs Act.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 364) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 364) 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. 479, Paying certain funeral expenses for
juvenile probation officers killed in line of duty.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 479) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 479) 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. 480, Relating to time period for paying
criminal proceedings costs.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 480) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 480) 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. 481, Relating to domestic violence protective orders served out of 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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 481) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 481) 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. 483, Providing confidentiality of circuit
court records involving guardianship of minors.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 483) 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, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin
(Mr. President)--34.
The nays were: None.
Absent: None.
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. 483) 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. 484, Utilizing community corrections
programs in pretrial supervision.
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, Minear, Oliverio,
Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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, Dempsey, Edgell, Facemyer, Fanning,
Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler,
Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale,
Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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.
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 Sprouse, Chafin, Bowman, Guills
and Caruth.
Thereafter, at the request of Senator Weeks, and by unanimous
consent, the remarks by Senator Guills were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Kessler, unanimous consent being
granted, it was ordered that the Journal show had Senator Kessler
been present in the chamber on yesterday, Monday, February 6, 2006,
he would have voted "yea" on the passage of Engrossed Senate Bill
No. 461.
At the request of Senator McKenzie, and by unanimous consent,
it was ordered that the Journal show had Senator McKenzie been
present in the chamber on Wednesday, February 1, 2006, he would
have voted "yea" on the passage of Engrossed Senate Bill No. 242, Engrossed Senate Bill No. 244, Engrossed Senate Bill No. 271,
Engrossed Senate Bill No. 370 and Engrossed House Bill No. 4037 and
"nay" on the adoption of Senate Resolution No. 11; on Friday,
February 3, 2006, he would have voted "yea" on the passage of
Engrossed Senate Bill No. 57, Engrossed Senate Bill No. 441,
Engrossed Senate Bill No. 442 and Engrossed Senate Bill No. 444;
and on yesterday, Monday, February 6, 2006, he would have voted
"yea" on the passage of Engrossed Senate Bill No. 461.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 8, 2006, at 11 a.m.
____________