WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 13, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Chuck Lawrence, Christ Temple
Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, February 12,
2007,
On motion of Senator Chafin, 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. 2349--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-17-16, relating to continuation of the Board of
Registration for Sanitarians.
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. 2574--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-30-14, relating to continuation of the Board of
Social Work Examiners.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2578--A Bill to amend and reenact §33-16-
3a of the Code of West Virginia, 1931, as amended, relating to
extending mental health benefit packages; removing the sunset
provision for mandated insurance parity; and removing insurance
commissioner reporting requirement.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2586--A Bill to amend and reenact §30-10-
20 of the Code of West Virginia, 1931, as amended, relating to
continuation of the Board of Veterinary Medicine.
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. 2587--A Bill to amend and reenact §30-8-11
of the Code of West Virginia, 1931, as amended, relating to
continuation of the Board of Optometry.
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. 2787--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding a new article,
designated §3-1C-1, §3-1C-2, §3-1C-3, §3-1C-4, §3-1C-5, §3-1C-6,
§3-1C-7, §3-1C-8, §3-1C-9, §3-1C-10, all relating to the creation
of the Address Confidentiality Program.
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. 2789--A Bill to amend and reenact §50-1-9b
of the Code of West Virginia, 1931, as amended, relating to
authorizing the Supreme Court of Appeals to create a panel of
senior status magistrate assistants.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2791--A Bill to repeal §62-
6-2 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §62-10-1 and §62-10-3 of said code, all relating to
penalties for violating peace bonds.
Referred to the Committee on Finance.
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. 6--Urging the West Virginia
Supreme Court of Appeals to adopt the recommendations of the West
Virginia State Bar's Lawyer Advertising Commission to amend the
current Rules of Professional Conduct for the further regulation of
communications about lawyers and their services.
Whereas, The Lawyer Advertising Commission was appointed by
The West Virginia State Bar to research, study and debate factual,
legal and ethical issues related to advertising by the State's
lawyers; and
Whereas, The Lawyer Advertising Commission has examined the
subject from many perspectives, including the advisability and
scope of perishable regulation of lawyer advertising in West
Virginia and the approaches that other states have taken on the
issue; and
Whereas, The Lawyer Advertising Commission has found and
concluded that although most lawyers who advertise do so
responsibly, there is a need for further regulation of
communications about lawyers and their services in order to promote respect for the legal process and to protect the public from being
misled by false or deceptive advertising; and
Whereas, On the basis of its findings, the Lawyer Advertising
Commission has recommended to the State Bar's Board of Governors
that the current West Virginia Rules of Professional Conduct be
expanded and amended to address the issue of lawyer advertising;
and
Whereas, The State Bar's Board of Governors has accepted the
Lawyer Advertising Commission's report and its recommendations,
with further amendments, and has forwarded the report and
recommendations to the West Virginia Supreme Court of Appeals for
its review and action; and
Whereas, The recommendations of the Lawyer Advertising
Commission are currently awaiting action by the West Virginia
Supreme Court of Appeals which has exclusive authority to regulate
the practice of law in this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme
Court of Appeals to adopt the Lawyer Advertising Commission's
recommendations to expand and amend the West Virginia Rules of
Professional Conduct; and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a copy of this resolution to the West
Virginia Supreme Court of Appeals.
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. 9--Urging the West Virginia
Supreme Court of Appeals to design and implement a process of data
collection on the children and families involved in divorce and
child custody matters decided by the family law courts of this
state.
Whereas, In 2001 the West Virginia Legislature enacted
sweeping changes to child custody laws of the State; and
Whereas, Those changes were in large part reflective of the
American Law Institute's model legislation developed to provide
determinate and predictable outcomes that benefit children in the
vast majority of cases without imposing standardized solutions that
offend society's commitment to pluralism and parental autonomy; and
Whereas, Prior to the reforms initiated by the Legislature in
2001, the courts of West Virginia decided custody issues under the
best-interests-of-the-child test, despite wide-spread recognition
that the test made results difficult to predict, thus encouraging
unnecessary litigation, the hiring of expensive experts, and
strategic or manipulative behavior by parents; and
Whereas, The approach enacted by the Legislature in 2001
requires post-separation allocations of residential responsibility
to each parent that approximate the proportion of care-taking each
parent assumed before the separation. In focusing on past care-
taking patterns, this approach derives what is best for a
particular child not from the experience of families in the aggregate, or from some state ideal of the divorced family, but
from the experience of the individual child's own family; and
Whereas, In 2006, the Legislature resolved in House Concurrent
Resolution 55 to review the comprehensive legislative changes in
divorce and custody laws enacted in 2001, and determine whether
additional reforms are necessary; and
Whereas, During the 2006 interim meetings, a subcommittee of
the Joint Committee on the Judiciary undertook such a study of the
state's current divorce and custody laws; and
Whereas, That study reviewed information prepared by the West
Virginia Supreme Court of Appeals regarding the number and types of
family law cases decided by the courts in the previous year.
Unfortunately, the data provides little or no information on the
personal characteristics of parents, types of custody arrangements
agreed upon by parents or imposed by the courts, family composition
(e.g., age and sex of the children), the socio-economic status of
the family, and the amount of parental co-operation; and
Whereas, To truly determine whether additional legislative
reforms are necessary and appropriate, additional data on the
families participating in matters of child custody before the
state's family courts is essential; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme
Court of Appeals to develop and implement additional data
collection tools for divorce and child custody cases decided by the
family law courts of this state for the purpose of providing the Legislature with relevant information to be considered in
determining whether further legislative changes to the state's
divorce and custody laws are necessary and appropriate.
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. 12--Naming the bridge on Route
3 at Toney's Branch Road in Boone County the "Narvel 'Peanuts'
Perdue Bridge".
Whereas, Narvel "Peanuts" Perdue served with distinction as an
infantryman in the United States Army after enlisting in November
1942; and
Whereas, Mr. Perdue fought in several theaters of war
including campaigns in New Guinea, the Leyte Gulf and the Luzon
Islands; and
Whereas, Mr. Purdue's gallantry on the field of battle on
behalf of this country was recognized almost sixty years to the day
after his discharge - when - at such time he was awarded three
Bronze Stars, a Good Conduct Medal, a WWII Victory Medal, an
Asiatic-Pacific Campaign Medal, a Philippine Liberation Ribbon and
badges for Combat Infantry and Sharp Shooting; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge on Route 3 at Toney's Branch Road in Boone
County shall be named the "Narvel 'Peanuts' Perdue Bridge"; and, be
it
Further Resolved, That the Division of Highways shall cause
signs to be manufactured which display prominently the words "The
Narvel 'Peanuts' Perdue Bridge" to be placed at each entryway of
said bridge; and, be it
Further Resolved, That a certified copy of this resolution
shall be mailed by the Clerk of the House of Delegates to Narvel
Perdue at his place of residence in Boone County, West Virginia.
Referred to the Committee on Transportation and
Infrastructure.
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. 15--Naming the stretch of
highway between the Racine bridge and the Peytona bridge on Route
3 in Boone County "The Travis Harless Memorial Highway".
Whereas, Travis Harless, at the age of 24, was killed while
riding his motorcycle approximately 1.03 miles from the Racine
intersection on Route 3 in Boone County going west; and
Whereas, Travis died at the scene of the accident after his
motorcycle struck a car, ejecting him into the path of an oncoming
car; and
Whereas, Travis is sadly missed by his many friends and
family, including his wife, parents, brother and grandparents; and
Whereas, Travis was a loving and devoted friend, husband, son,
brother and grandchild whose youthful life was taken by a tragic
and unfortunate terrible accident; therefore, be it
Resolved by the Legislature of West Virginia:
That the stretch of highway between the Racine bridge and the
Peytona bridge on Route 3 in Boone County shall be named "The
Travis Harless Memorial Highway"; and, be it
Further Resolved, That the Division of Highways shall erect
signs at each end of the Racine and Peytona bridges notifying
motorists of the memorial designation; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this resolution to Pam Harless (Travis'
mother) at her place of residence at HC 81, Box 259, Racine, West
Virginia 25165.
Referred to the Committee on Transportation and
Infrastructure.
The Senate 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. 104, Establishing date Consolidated Public
Retirement Board shall make annuity payments.
Senate Bill No. 204, Assessing cost of petit juries in
magistrate court.
Senate Bill No. 206, Assessing court costs for participants in
pretrial diversion programs.
Senate Bill No. 207, Providing fine for violating terms of
bond.
And,
Com. Sub. for Senate No. 382, Relating to reemployment of
certain Supreme Court retirees.
And reports the same back with the recommendation that they
each 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
Senate Bill No. 105, Imposing surcharge on certain fees due
Deputy Sheriff Retirement Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 105 (originating in the
Committee on Finance)--A Bill to amend and reenact §7-14E-2 of the
Code of West Virginia, 1931, as amended, relating to imposing a
surcharge on county commissions for delinquent payment of fees due
the Deputy Sheriff Retirement Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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 265, Authorizing Division of Forestry promulgate
legislative rule relating to ginseng.
And,
Senate Bill No. 299, Authorizing Division of Natural Resources
promulgate legislative rule relating to wildlife disease
management.
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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original triple committee references,
were 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
Senate Bill No. 312, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to dialysis technicians.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 403, Increasing sealed bids' limitation for
certain purchases and contracts by ambulance service authorities.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 454, Renaming and restructuring Bureau of
Employment Programs.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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. 489, Relating to PROMISE scholarship graduates
report to Legislative Oversight Commission on Work Force Investment
for Economic Development.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 492, Relating to accelerated payment of
certain taxes.
Eng. House Bill No. 2285, Updating the meaning of federal
adjusted gross and certain other terms used in West Virginia
Personal Income Tax Act.
And,
Eng. Com. Sub. for House Bill No. 2314, Updating the meaning
of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
And reports the same back with the recommendation that they
each 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. 512, Prohibiting requirement of polygraph
examination in certain sexual offense allegations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 512 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §62-6-8, relating to prohibiting law-enforcement
officers or prosecutors from asking or requiring an adult, youth or
child victim of an alleged sexual offense to submit to a polygraph
examination or other truth-testing device as a condition for
proceeding with the investigation of the offense; and to preclude
declination to investigate or prosecute for a refusal to undergo
such testing.
With the recommendation that the committee substitute 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. 529, Prohibiting requirement that sexual
offense victims pay costs of forensic examination.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 529 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-8B-16
of the Code of West Virginia, 1931, as amended, relating to
prohibiting any requirement that an alleged victim of a sexual
offense must pay for the costs of a forensic medical examination,
participate in the criminal justice system or cooperate with law
enforcement in order to receive a forensic medical examination; and
clarifying that licensed medical facilities may seek payment from
the alleged victim or his or her insurer for services rendered
other than the forensic medical examination.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 529), 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. 530, Authorizing voter not affiliated with any
political party to vote in primary.
And,
Senate Bill No. 531, Relating to filing service of process on
corporations in class action suits.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 539, Relating to Deputy Sheriff Retirement
System.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 539 (originating in the
Committee on Pensions)--A Bill to amend
and reenact §7-14D-2, §7-
14D-9 and §7-14D-11 of the Code of West Virginia, 1931, as amended,
all relating to the Deputy Sheriff Retirement System; clarifying
annuity starting date; retirement benefits; and commencement of benefits.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on Pensions.
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. 2120, Prescribing minimum
standards for municipal judges.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Hunter and Minard:
Senate Bill No. 559--
A Bill to amend and reenact §33-2-10 of
the Code of West Virginia, 1931, as amended, relating to the
authority of the Insurance Commissioner to propose rules related to
the business of insurance necessary to protect military personnel.
Referred to the Committee on Banking and Insurance.
By Senators Bailey and Kessler:
Senate Bill No. 560--A Bill to amend and reenact §11-13A-3 of
the Code of West Virginia, 1931, as amended, relating to reducing
and ultimately eliminating the severance tax imposed on behavioral
health care providers.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Barnes and Hunter:
Senate Bill No. 561--A Bill to amend and reenact §17-23-4 of
the Code of West Virginia, 1931, as amended, relating to removing
the exemption for salvage yards licensed before one thousand nine
hundred eighty-eight from the screening provisions of said section.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 562--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-13Q-10a, relating to the economic opportunity tax
credit; providing credit for specified high-technology
manufacturers; and specifying definitions.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Tomblin (Mr. President), Bailey, Helmick, Love,
Fanning, Chafin, Stollings, Unger, Wells, Boley, Minard, McKenzie
and Green:
Senate Bill No. 563--
A Bill to amend and reenact §14-2-5 of
the Code of West Virginia, 1931, as amended, relating to clarifying
that the Joint Committee on Government and Finance may appoint the
clerk, chief deputy clerk and deputy clerks of the Court of Claims.
Referred to the Committee on the Judiciary.
By Senators Wells, Fanning and Love:
Senate Bill No. 564--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §5-10B-3a and §5-10B-10a; to amend and reenact §11-21-12
of said code; and to amend and reenact §36-8-13 of said code, all
relating to government employees' deferred compensation plans;
authorizing automatic enrollment in a plan; authorizing a matching
contribution program; establishing matching program term;
establishing qualifications for participation; limiting the match
to twenty-five percent of employee contributions at a maximum of
one hundred dollars per year, not to exceed four hundred dollars
over the life of the matching program; establishing the Deferred
Compensation Matching Fund; specifying that operation of a matching
program is contingent upon funding by the Legislature and may be
changed or discontinued at any time for a time certain or
indefinitely; specifying that disbursements from the matching fund may not exceed one million dollars in any one fiscal year; allowing
earnings to accrue to the matching fund; authorizing a reduction of
adjusted gross income by up to two thousand dollars per year of
benefits received under the West Virginia Government Employees
Deferred Compensation Plan for personal income tax purposes; and
requiring the unclaimed property administrator to transfer three
million dollars from the Unclaimed Property Trust Fund to the
matching fund on or before the first day of June, two thousand
seven, and one million dollars on or before the first day of June,
two thousand eight.
Referred to the Committee on Finance.
By Senators Wells,
Guills, Bowman, Yoder, Barnes, Foster,
Helmick, Minard, White, Kessler, Boley, Facemyer, Bailey, Hunter,
Fanning, Prezioso, Green, Love and Oliverio
:
Senate Bill No. 565--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31B-3-303a; to amend said code by adding thereto a new
section, designated §31D-8-860a; to amend said code by adding
thereto a new section, designated §31E-8-813; and to amend said
code by adding thereto a new section, designated §47B-3-3a, all
relating to requiring any partnership, limited liability company,
nonprofit corporation or business corporation conducting business
in this state and receiving funds from this state to provide upon
request of any citizen and without charge the names of the members
of their governing organization.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 566--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-29, relating to providing for a criminal offense
for employers who facilitate employment of any employee to other
intrastate employment when such employee is known by the employer
to have had sexual relations with an individual under the age of
eighteen years.
Referred to the Committee on the Judiciary.
By Senators Foster and Kessler:
Senate Bill No. 567--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-5-2b, relating to revamping the drunk driving
provisions related to various crimes and penalties; prescribing
criminal offenses; providing for aggravating factors related to
driving under the influence which increase criminal penalties;
requiring certain offenders to perform community service and submit
to screening programs; providing for graduated penalties for repeat
offenders; requiring mandatory participation in treatment programs
for certain offenders; requiring certain repeat offenders to
install ignition interlock devices; requiring the Division of Motor
Vehicles to propose rules for legislative approval; and providing
that offenders under certain circumstances may apply to the circuit
court for the removal of interlock devices and full restoration of
driving privileges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, Minard and Hunter:
Senate Bill No. 568--
A Bill to amend and reenact §33-20-18 of
the Code of West Virginia, 1931, as amended, relating to lowering
from fifty-five years of age to fifty years of age concerning the
requirement that automobile insurers provide for premium
reductions.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Jenkins and Kessler:
Senate Bill No. 569--
A Bill to amend and reenact §11-15-18b of
the Code of West Virginia, 1931, as amended, relating to modifying
how funds from the motor fuel excise tax are dedicated; and
creating two new taxes to be deposited in two new funds designated
as the Special Railroad and Intermodal Enhancement Fund and the
Special Maritime Enhancement Fund.
Referred to the Committee on Finance.
Senators Chafin and Fanning offered the following resolution:
Senate Concurrent Resolution No. 36--
Requesting the Division
of Highways name the bridge at the Right Hand Fork of Gilbert Creek
in Mingo County the "Wilburn and Effie Cline Memorial Bridge".
Whereas, Wilburn and Effie Cline were lifelong residents of
Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for
local residents; and
Whereas, Wilburn and Effie Cline owned and operated a country
store in Gilbert most of their adult lives; and
Whereas, Wilburn and Effie Cline donated to the State of West
Virginia the land needed to build the bridge at Right Hand Fork of
Gilbert Creek; and
Whereas, It is fitting that this bridge be named for Wilburn
and Effie Cline who represented the best qualities of citizens in
this state by their industry, citizenship and dedication to meeting
the needs of friends, neighbors and patrons at their country store;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge at the Right Hand Fork of Gilbert Creek in Mingo
County the "Wilburn and Effie Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "Wilburn and Effie
Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President) and Caruth (By Request of the
Executive) offered the following resolution:
Senate Concurrent Resolution No. 37--Designating the West
Virginia Legislature as a "Legislature of Promise".
Whereas, The United States President's Summit for America's
Future in 1997 challenged the nation to make children and youth a
national priority by providing opportunities for their success through the fulfillment of fundamental promises; and
Whereas, America's Promise - The Alliance for Youth, founded
by former Secretary of State Colin Powell, was initiated at the
President's Summit in 1997 and earned the support of Presidents
Clinton, G. H. W. Bush, Reagan, Carter and Ford; and
Whereas, President George W. Bush reaffirmed his commitment to
this important initiative in 2001; and
Whereas, America's Promise is an alliance that brings together
communities, individuals and organizations from all sectors to
improve opportunities for children and youth; and
Whereas, The mission of America's Promise is to strengthen the
character and competence of America's youth and to see that every
child in America has the fundamental resources that he or she needs
to be prepared for the future; and
Whereas, America's Promise utilizes donations received to
improve health care in schools, provide education for technology,
recruit mentors for young people and build and maintain community
centers; and
Whereas, America's Promise provides five basic promises for
youth:
(1) Caring adults who are vitally involved in their lives as
parents, mentors, tutors and coaches;
(2) Safe places with structured activities for learning and
play;
(3)A healthy start that encourages healthy choices;
(4)An effective education that builds marketable skills; and
(5)Opportunities to help others; and
Whereas, West Virginia became a "State of Promise" under the
leadership of Governor Joe Manchin III and First Lady Gayle C.
Manchin; and
Whereas, Monroe and Mercer counties earned the honor of being
named part of the "100 Best Communities for Young People" in 2007
and continue to lead a statewide network of organizations and
individuals throughout West Virginia intent on delivering the five
promises to the youth in their communities; and
Whereas, "Communities of Promise" are dependent upon leaders
in the community to implement programs designed to deliver the five
promises locally; and
Whereas, Citizens look to their elected officials for support
of programs that ensure the success of youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the West Virginia
Legislature as a "Legislature of Promise"; and, be it
Further Resolved, That the Legislature promotes the
development of new "Communities of Promise" within members'
districts by fostering programs designed to deliver the five
promises to the youth of the State of West Virginia.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Edgell, Prezioso,
McCabe, Minard, Stollings, Jenkins, Oliverio, Foster, Hunter and
Kessler offered the following resolution:
Senate Resolution No. 16--Designating February 13, 2007, as "Higher Education Day".
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia students, as well as those from
other states; and
Whereas, West Virginia's education system will help students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct ground-breaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2007, as
"Higher Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the West Virginia
Higher Education Policy Commission, the Chancellor of the West
Virginia Council for Community and Technical College Education, the
President of West Virginia Independent Colleges and Universities,
Inc., and to each of the presidents of West Virginia's independent
and public colleges and universities.
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.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senator Plymale regarding the adoption of
Senate Resolution No. 16 were ordered printed in the Appendix to
the Journal.
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.
Senator Caruth offered the following resolution:
Senate Resolution No. 17--Honoring the Concord University Mock
Trial Team for outstanding academic achievement.
Whereas, Concord University is a public, liberal arts
university in Athens, Mercer County; and
Whereas, Concord University's Mock Trial Team won the 2006
National Mock Trial Competition sponsored by the National Phi Alpha
Delta, Pre-Law Fraternity; and
Whereas, In 2006, Concord University's Mock Trial Team also
won the "Best Defense Team" at the National Mock Trial Competition
for the third year in a row; and
Whereas, During the past three years, Concord University's
Mock Trial Team has defeated larger universities, including Temple
University, Texas Tech University, University of California
Northridge, University of Michigan, University of Miami (FL) and
three-time national champion University of Arizona, and has been
referred to by competitors as "giant killers"; and
Whereas, It is fitting that Concord University's Mock Trial
Team, coached by Marshall Campbell and composed of students Bryan
Henderson, Matt Stonestreet, Ashleigh Gillespie and Nathaniel Nagy,
be honored for its dedication, intellectual excellence and hard
work; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the Concord University Mock
Trial Team for outstanding academic achievement; and, be it
Further Resolved, That the Senate extends its congratulations
to the Concord University Mock Trial Team on winning the 2006
National Mock Trial Competition; and, be it
Further Resolved, That the Clerk is hereby directed to forward
of copy of this resolution to the coach and each member of the
Concord University Mock Trial Team.
At the request of Senator Caruth, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Guills, and by unanimous
consent, the remarks by Senator Caruth regarding the adoption of
Senate Resolution No. 17 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Foster, Prezioso, McCabe, Minard, Stollings, Jenkins,
Oliverio, Green, Hunter and Kessler offered the following
resolution:
Senate Resolution No. 18--Designating February 13, 2007, as
"Law Enforcement Appreciation Day".
Whereas, West Virginia has one of the lowest crime rates in
the United States; and
Whereas, It is fitting and proper that law-enforcement
officers be commended, encouraged and honored for their
contributions which resulted in these statistics; and
Whereas, Law-enforcement officers give generously of
themselves both in spirit and deed so others might share in the joy
of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help
their fellow citizens in times of need no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law-
enforcement officers who have distinguished themselves with
unselfish and exemplary service to the community and its citizens;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2007, as "Law
Enforcement Appreciation Day"; and, be it
Further Resolved, That the Senate is proud of the men and
women who daily put their lives on the line and who uphold the
creed "To protect and serve"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of law
enforcement.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting Joint
Committee on Government and Finance study congestive obstructive
pulmonary disease management program.
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.
Senate Concurrent Resolution No. 35, Urging Congress
reauthorize State Health Insurance Program.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 6, Authorizing boat safety
checks by conservation officers.
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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
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. 6) 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. 178, Allowing counties to
increase hotel occupancy tax.
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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
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. 178) 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. 405, Relating to direct deposit payment.
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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 405) passed with its title.
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. 428, Establishing consumer
identity theft protections.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Monday, February 12, 2007, for
amendments to be received on third reading, was reported by the
Clerk.
On motion of Senator Caruth, the following amendment to the
bill was reported by the Clerk:
On page nineteen, section one hundred four, line nineteen
after the word "fees" by inserting the words "which attorney's fees
are not to exceed the amount of actual damages sustained".
Following discussion,
The question being on the adoption of Senator Caruth's
amendment to the bill, the same was put and did not prevail.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Yoder and Caruth regarding the
adoption of Senator Caruth's amendment to Committee Substitute for
Senate Bill No. 428 were ordered printed in the Appendix to the
Journal.
The bill was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 428 was then 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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
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. 428) 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. 431, Regulating agricultural liming
materials.
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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 431) 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, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Facemyer and Sharpe--2.
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. 431) 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 ninth order of business.
Senate Bill No. 395, Relating to Management of Pain Act.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Health and Human Resources, was reported by the Clerk and adopted:
On page three, section one, line thirty-four, by striking out
the word "or" and inserting in lieu thereof the word "and".
The bill (S. B. No. 395), as amended, was then ordered to
engrossment and third reading.
Senate Bill No. 399, Relating to issuance of driver's
licenses.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 542, Authorizing rules for Higher Education
Policy Commission and Council for Community and Technical College
Education.
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.
Senate Bill No. 387, Guaranteeing certain veterans bronze
military grave markers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 487, Paying certain tuition and fees for
National Guard members.
On first reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Hunter, the bill was referred to the
Committee on Finance.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Facemyer and Sharpe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 14, 2007, at 11 a.m.
____________