WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FORTY-THIRD DAY
____________
Charleston, W. Va., Wednesday, February 21, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the
Reverend Dennis Sparks, Executive
Director, West Virginia Council of Churches, Charleston, West
Virginia
.
Pending the reading of the Journal of Tuesday, February 20,
2007,
On motion of Senator Green, 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 amendment by that body, adoption as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Com. Sub. for Senate Concurrent Resolution No. 10, Requesting
state and federal government recognize Berkeley and Jefferson
counties as part of historic Shenandoah Valley.
On motion of Senator Chafin, the message on the resolution was
taken up for immediate consideration.
The following House of Delegates amendment to the resolution
was reported by the Clerk:
On page three, in the thirteenth Whereas clause, by striking
out the word "farm" and inserting in lieu thereof the word
"property".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the resolution.
The question being on the adoption of the resolution (Com.
Sub. for S. C. R. No. 10), the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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. 2772--A Bill
to amend and reenact §5-16-7
of the Code of West Virginia, 1931, as amended, relating to
ensuring the Public Employees Insurance Agency will continue and
maintain medical and prescription drug coverage for Medicare-eligible retired employees; and providing that Medicare-eligible
retired employees will remain eligible for coverage through the
agency if a Medicare specific plan should no longer be available or
advantageous.
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. 2875--A Bill
to amend and
reenact §3-10-7 of the Code of West Virginia, 1931, as amended,
relating to amending the procedure by which a vacancy on a county
commission is filled in the event the remaining commissioners
cannot agree on a person to fill the vacancy.
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. 2955--A Bill
to amend and
reenact §11-14C-5 and §11-14C-47 of the Code of West Virginia,
1931, as amended, all relating to the motor fuel excise tax
generally; extending the date to which the rate of the flat-rate
component of the motor fuel excise tax will remain at twenty and
one-half cents per invoiced gallon; and dedicating a portion of the tax to the funding of construction, maintenance and repair of roads
throughout the various counties of the state for which federal
moneys are not available.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on
Banking and Insurance
,
submitted the following report, which was received:
Your Committee on
Banking and Insurance
has had under
consideration
Senate Bill No. 57, Establishing reporting requirements and
information safeguards for regulated consumer lenders.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 57 (originating in the Committee
on
Banking and Insurance
)--A Bill to amend and reenact §46A-4-104
of the Code of West Virginia, 1931, as amended, relating to
establishing annual reporting requirements for regulated consumer
lender licensees; ensuring access to information needed to conduct
examinations; providing safeguards for nonpublic personal
information that consumers disclose to licensees; and providing
penalties for failure to timely file annual report.
And,
Senate Bill No. 643, Relating to insurance laws violations investigations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 643 (originating in the
Committee on
Banking and Insurance
)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2-19
of said code, all relating to investigations of violations of
insurance laws; clarifying that the Insurance Commissioner may
investigate noncriminal violations; authorizing use of Class A
registration plates; clarifying that immunity granted in certain
cases applies to criminal prosecutions only; and clarifying the
authority and duties of the Insurance Commissioner with regard to
information obtained during investigations.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Joseph M. Minard,
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. 66, Modifying home incarceration fees.
Senate Bill No. 203, Creating Purchasing Improvement Fund.
Senate Bill No. 415, Authorizing magistrate courts assess fee
for criminal records checks.
And,
Senate Bill No. 540, Providing tax credits for certain utility
taxpayers.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 67, Relating to school access safety
generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 67 (originating in the Committee
on Education)--A Bill to amend and reenact §18-9D-15 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new article, designated §18-9F-1, §18-9F-2, §18-9F-3, §18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all relating to school
access safety; declaring legislative intent; authorizing the School
Building Authority to facilitate and provide funding for enhancing
the safe ingress and egress of pupils, school employees, parents,
visitors and emergency personnel to and from West Virginia public
schools; defining certain terms; providing for submission of school
access safety plans; providing for certain guidelines and
procedures by authority for plans, plan modifications and
evaluating projects; providing for allocation and distribution of
moneys to projects; creating a special account in the State
Treasury; and providing school access safety requirements for new
school buildings.
And,
Senate Bill No. 650, Relating to school bus transportation
schedules.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 650 (originating in the
Committee on Education)--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 time levels for the bus routes 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 do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 67 and 650) contained
in the preceding report from the Committee on Education 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 Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 95, Relating to placement of instructional
aides for certain students.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 95 (originating in the Committee
on Education)--A Bill
to amend and reenact §18-20-2 of the Code of
West Virginia, 1931, as amended; 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; 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,
Senate Bill No. 518, Conforming WV Works Program with federal
law requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 518 (originating in the
Committee on Education)--A Bill to amend and reenact §9-9-3, §9-9-
6, §9-9-7, §9-9-8 and §9-9-9 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto two new sections,
designated §9-9-21 and §9-9-22, all relating to bringing the West Virginia Works Program into compliance with federal law as required
by the Deficit Reduction Act; providing for state funding of two-
and four-year post-secondary education for West Virginia Works
eligibility; and providing for state funding for two-parent
families to remain eligible for West Virginia Works.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 95 and 518) contained
in the preceding report from the Committee on Education 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 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. 107, Abolishing presenting of certain weapons
as robbery in first degree.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 107 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-2-12
of the Code of West Virginia, 1931, as amended, relating to
threatening to use a firearm or other deadly weapon as an element
of robbery in the first degree.
Senate Bill No. 601, Revising provisions governing motor
vehicle dealers' establishment or relocation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 601 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §17A-6A-3
and §17A-6A-12 of the Code of West Virginia, 1931, as amended, all
relating to the establishment or relocation of additional motor
vehicle dealers within a relevant market area; redefining "relevant
market area"; creating exceptions for certain relocations and
transfers; exceptions for purposes of adding dealerships to an
area; and providing notice requirements to existing dealers.
Senate Bill No. 658, Relating to stalking offense.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 658 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-2-9a
of the Code of West Virginia, 1931, as amended, relating to the
offense of stalking generally; expanding and clarifying scope of section; establishing offenses; enhancing penalties; and defining
terms.
And,
Senate Bill No. 709, Authorizing circuit courts grant
custodial and noncustodial improvement periods to certain
juveniles.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 709 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §49-5-9 of
the Code of West Virginia, 1931, as amended, relating to
authorizing circuit courts grant custodial and noncustodial
improvement periods to certain juveniles.
With the recommendation that the four committee substitutes 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. 209, Requiring PEIA Finance Board provide
retirees medical and prescription coverage in certain cases.
And,
Senate Bill No. 574, Transferring Weston State Hospital
Institutional Farm to Department of Health and Human Resources.
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 Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bills (S. B. Nos. 209 and 574) contained in the
preceding report from the Committee on Health and Human Resources
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 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. 319, Authorizing Secretary of State promulgate
legislative rule relating to absentee voting by military voters who
are members of reserve units called to active duty.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 319 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, all
relating generally to the promulgation of administrative rules by
the various executive or administrative agencies of the state and
the procedures relating thereto; legislative mandate or
authorization for the promulgation of certain legislative rules by
various executive or administrative agencies of the state;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to animal disease control;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to West Virginia agricultural liming
materials; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to West Virginia Plant Pest
Control Act; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to noxious weeds;
authorizing the Board of Architects to promulgate a legislative
rule relating to the registration of architects
; authorizing the
State Auditor to promulgate a legislative rule relating to
transaction fees and rate structures; authorizing the State
Conservation Agency to promulgate a legislative rule relating to
the State Conservation Committee; authorizing the Board of
Examiners in Counseling to promulgate a legislative rule relating
to licensing; authorizing the Board of Examiners in Counseling to
promulgate a legislative rule relating to license renewal and
continuing education requirements; authorizing the Hospital Finance
Authority to promulgate a legislative rule relating to
establishment of a fee schedule and costs allocations applicable to
the issuance of bonds by the authority; authorizing the Board of
Landscape Architects to promulgate a legislative rule relating to
registration of landscape architects; authorizing the Board of
Landscape Architects to promulgate a legislative rule relating to
continuing education; authorizing the Board of Landscape Architects
to promulgate a legislative rule relating to fees; authorizing the
Massage Therapy Licensure Board to promulgate a legislative rule
relating to general provisions; authorizing the Board of Medicine
to promulgate a legislative rule relating to licensing and
disciplinary procedures for physicians and podiatrists; authorizing
the Board of Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of
Pharmacy to promulgate a legislative rule relating to ephedrine and
pseudoephedrine control; authorizing the Real Estate Commission to
promulgate a legislative rule relating to requirements in licensing
real estate brokers, associate brokers and salespersons and the
conduct of brokerage businesses; authorizing the Board of Examiners
for Registered Professional Nurses to promulgate a legislative rule
relating to policies and criteria for the evaluation and
accreditation of colleges, departments or schools of nursing;
authorizing the Board of Examiners for Registered Professional
Nurses to promulgate a legislative rule relating to requirements
for registration and licensure
; authorizing the Board of Examiners
for Registered Professional Nurses to promulgate a legislative rule
relating to continuing education; authorizing the Board of
Examiners for Registered Professional Nurses to promulgate a
legislative rule relating to dialysis technicians; authorizing the
Secretary of State to promulgate a legislative rule relating to
procedures for canvassing elections; authorizing the Secretary of
State to promulgate a legislative rule relating to procedures for
recount of election results; authorizing the Secretary of State to
promulgate a legislative rule relating to absentee voting by
military voters who are members of reserve units called to active
duty; authorizing the Secretary of State to promulgate a
legislative rule relating to the procedures for handling ballots and counting write-in votes in counties using optical scan ballots;
authorizing the Secretary of State to promulgate a legislative rule
relating to the Uniform Commercial Code; repealing a rule
promulgated by the Secretary of State relating to
West Virginia
Product Lien Central Filing System
; authorizing the State Treasurer
to promulgate a legislative rule relating to providing services to
political subdivisions; and authorizing the Board of Veterinary
Medicine to promulgate a legislative rule relating to registration
of veterinary technicians.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 368, Creating Food Security Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 368 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all
relating to creating the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee
interest in real property and conservation or preservation
easement, located in West Virginia, by a landowner taxpayer to a
public or private conservation agency; addressing its
administration, applicability, limitations and renewal; findings;
definitions; and rule-making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Senate Bill No. 395, Relating to Management of Pain Act.
And has amended same.
Now on third reading, having been rereferred to the Committee
on Health and Human Resources on February 15, 2007;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 442 (originating in the
Committee on Government Organization), Relating to grievance
procedures for certain state and educational employees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 442 (originating
in the Committee on Finance)--A Bill to repeal §18-29-1, §18-29-2,
§18-29-3, §18-29-4, §18-29-5, §18-29-6, §18-29-7, §18-29-8, §18-29-
9, §18-29-10 and §18-29-11 of the Code of West Virginia, 1931, as
amended; to repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-
5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and
§29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of
said code; to amend and reenact §5B-2-5 of said code; to amend and
reenact §5F-2-1 of said code; to amend said code by adding thereto
a new article, designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-
2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a
new article, designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5
and §6C-3-6; to amend and reenact §11-10A-8 of said code; to amend
and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4
of said code; to amend and reenact §18B-7-4 of said code; to amend
and reenact §21-5E-4 of said code; to amend and reenact §22C-7-2 of
said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E-
5a of said code, all relating to repealing the education and state
employees grievance procedures and board; establishing a new West
Virginia public employees grievance procedure; creating the West
Virginia Public Employees Grievance Board with five members
appointed by the Governor; giving the board new powers, duties,
rule-making authority and data collection responsibilities; making
the grievance procedure more fair, efficient, cost effective and
consistent; creating a unified grievance procedure with three
levels for certain public employees; clarifying definitions and
general grievance procedures; disallowing supervisors who evaluate
from being representatives; clarifying and reorganizing general
provisions; increasing time frames in grievance procedure; defining
default provisions; eliminating laches and defining back pay;
stating when employees may be represented; clarifying the procedure
for conferences and hearings; removing hearing examiners from the
grievance procedure; and making technical corrections to affected
sections of the code.
With the recommendation that the committee substitute for
committee substitute 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. 528, Depositing certain pesticide license fees
into Pesticide Control Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 528 (originating in the
Committee on Finance)--A Bill to amend and reenact §19-16A-7 and
§19-16A-23 of the Code of West Virginia, 1931, as amended, all
relating to depositing the pesticide dealer, commercial and private
applicator and business applicator license fees into the Pesticide
Control Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 544, Relating to parental notification
requirements for unemancipated minors obtaining abortions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 544 (originating in the
Committee on Health and Human Resources)--A Bill
to repeal §16-2F-5
of the Code of West Virginia, 1931, as amended; to amend and
reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16-
2F-9 of said code, all relating to parental notification
requirements for obtaining abortions by unemancipated minors;
defining terms; requiring proof of age prior to an abortion;
providing for substitute notification in certain instances;
modifying physician reporting requirements; providing for criminal
penalties; and providing for severability.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 544) 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 the Judiciary.
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. 573, Creating programs to monitor physicians,
podiatrists and physician assistants who are recovering substance
abusers.
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 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 Health and Human Resources.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 604, Merging Eastern Community and Technical
College with Blue Ridge Community and Technical College.
And reports the same back with the recommendation it do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (S. B. No. 604) contained in the preceding report
from the Committee on Education 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 638, Establishing requirements for college and
work readiness credentials.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 657, Requiring State Board of Education
incorporate 21st Century Skills Initiative into certain standards.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 745 (originating in the Committee on
Education)--A Bill to amend and reenact §18-2-6a of the Code of
West Virginia, 1931, as amended, relating to selling and serving
beverages in public schools; limiting such sale and serving under
certain circumstances; authorizing sale and serving of healthy
beverages during meal service periods; modifying profit allocation
provisions regarding certain sale of healthy beverages; and making
technical changes.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Com. Sub. for Senate Concurrent Resolution No. 10, Requesting
state and federal government recognize Berkeley and Jefferson
counties as part of historic Shenandoah Valley.
Adopted by the Senate in earlier proceedings today,
The resolution still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the adoption of the resolution.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the Senate reconsidered its
action by which in earlier proceedings today it concurred in the
House of Delegates amendment
on page three, in the thirteenth
Whereas clause, by striking out the word "farm" and inserting in
lieu thereof the word "property".
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Chafin's
motion that the Senate concur in the House of Delegates amendment.
At the request of Senator Chafin, and by unanimous consent,
his foregoing motion was withdrawn.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendment to the resolution (Com. Sub. for S.
C. R. No. 10) and requested the House of Delegates to recede
therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senators Love, White and Stollings offered the following
resolution:
Senate Concurrent Resolution No. 44--
Requesting the Division
of Highways name the bridge on Route 20 in Webster Springs, Webster
County, the "Kenny Ray Hamrick Memorial Bridge".
Whereas, Kenny Ray Hamrick, a life-long resident of Webster
Springs, operated several successful businesses, including
Hamrick's Texaco and Restaurant, and served as a city councilman
as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and
courageously in World War II, earning two purple hearts and two
bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable
citizen of Webster Springs, frequently offering people who were
down on their luck free meals at his restaurant while extending
them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray
Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge on Route 20 in Webster Springs, Webster County, the
"Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the "Kenny Ray Hamrick 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 Kenny Ray Hamrick's son, Kevin
R. Hamrick.
Which, under the rules lies over one day.
Senators Hunter, Unger, Prezioso, McCabe, Stollings, Minard,
Kessler, Plymale, Jenkins, Edgell and Foster offered the following
resolution:
Senate Resolution No. 29--Designating February 21, 2007, as
"Social Work Day".
Whereas, Social workers have the education and experience to
guide individuals, families and communities through complex issues
and choices; and
Whereas, Social workers connect individuals, families and
communities to available resources and provide health care, mental
health and substance abuse services that empower individuals to
maintain productive roles in society; and
Whereas, Social workers ensure everyone has access to the same
basic rights, protections and opportunities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 21, 2007, as
"Social Work Day"; and, be it
Further Resolved, That the Senate hereby recognizes the many contributions of social workers, including their professionalism,
dedication and commitment to those they serve; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials representing
"Social Work Day".
At the request of Senator Hunter, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Deem, Boley and Plymale offered the following
resolution:
Senate Resolution No. 30--
Congratulating the Parkersburg High
School football team on winning the 2006 Class AAA state football
championship.
Whereas, The Parkersburg High School football team had an
extraordinary season which earned it the opportunity to participate
in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School football team won the
2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School
football team, consisting of Head Coach Bernie Buttrey and assistant coaches Mike Eddy, Gene Epley, Mark McCullough, Nathan
Green, Matt Kimes, Murray Mace, Doak Markley, David Shade and Jason
Woodyard, is commended for its outstanding coaching ability, which
lead to a record of 14 wins and zero losses; and
Whereas, The members of the Parkersburg High School football
team, consisting of Wes Ankrom, Steve Armitage, Ryan Barnett,
Travis Bunner, Will Burns, Allen Butterfield, Sean Chichester,
Robert Clatworthy, Alex Clegg, Zack Cokeley, Tim Collins, Nathan
Conley, Cody Craig, Jon DeGarmo, Jeff Delancey, Matt Delong, Matt
Doster, Zack Duncan, Alex Easton, Brandon Eckelberry, Tommy Farrah,
Chip Ferrell, Tyler Fornash, Roger Goodwin, Mark Grimm, Jon Haynes,
Justin Haynes, Cody Hopkins, Chris James, Josh Jenkins, Jim
Kimmich, Tyler Knowlton, Mike Kupfner, Chad Lee, Matt Lindamood,
Matt Littleton, Logan Marshall, Corey McClung, Zack McGee, Colin
McLain, Dustin Newberry, Matt Newlon, Zack Nolan, Christian Ong,
Michael Pamfilis, P. J. Polsley, Nick Povroznik, Jordan Powell,
Michael Riblett, Mason Roberts, Chris Row, Tom Ruddlesden, Joe
Shafer, Jordan Smith, Kyle Smith, Charlie Taylor, Andy Thomas, Joey
Thomas, Jon Thomas, Anthony Thorpe, Tyler Warner, Kyle Weiford,
Josh Westfall, Matt Winans and Michael Winans, are commended for
their athletic ability and sportsmanship; and
Whereas, The 2006 Class AAA championship win gave Parkersburg
High School its tenth state title, the most in West Virginia Class AAA football, and its 737th win, which ranks Parkersburg eighth in
the nation in football victories; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High
School football team on winning the 2006 Class AAA championship;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Parkersburg High School football
team.
At the request of Senator Deem, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Deem, Boley and Plymale offered the following
resolution:
Senate Resolution No. 31--Congratulating the Parkersburg High
School girls' soccer team on winning the 2006 Class AAA state
soccer championship.
Whereas, The Parkersburg High School girls' soccer team had an
extraordinary season which earned it the opportunity to participate
in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School girls' soccer team won
the 2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School
girls' soccer team, consisting of Head Coach Mike Lockney and
Assistant Coach Erin Butterfield, is commended for its coaching
ability; and
Whereas, The players of the Parkersburg High School girls'
soccer team, consisting of Captains Amelie Hammell and Katie
Roberts, and members Kim Dent, Ellen Krist, Tara Cheeseman, Kelsey
Graham, Megan Hurley, Taylor Byrant, Megan Cramer, Amanda Hooper,
Emma Levin-Nielson, Elizabeth Lockney, Brook Logston, Chelsey
Maiden, Elizabeth Corbitt, Katie Marchand, Lauren Thorn, Alex Bush,
Alison Feathers and Vanessa Keiser, are commended for their
dedication and hard work; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High
School girls' soccer team on winning the 2006 Class AAA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Parkersburg High School girls'
soccer team.
At the request of Senator Deem, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Deem, Boley and Plymale offered the following
resolution:
Senate Resolution No. 32--Congratulating the Parkersburg High
School boys' soccer team on winning the 2006 Class AAA state soccer
championship.
Whereas, The Parkersburg High School boys' soccer team had an
extraordinary season which earned it the opportunity to participate
in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School boys' soccer team won the
2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School
boys' soccer team, consisting of Head Coach Don Fosselman and
Assistant Coaches Chris Way and Donnie Fosselman, is commended for
its coaching ability which lead to a record of 24 victories and one
loss; and
Whereas, The players of the Parkersburg High School boys'
soccer team, consisting of Captains Todd McClure and Cam Lemley,
and members Andrew Baker, Johnathan Feathers, Michael Harmon,
Andrew Johnson, Ryan Knost, Tim Lieving, Ryan Ellis, Nick Mancuso,
Ryan Edwards, Cody Brown, Michael Brooks, Matt Geghardt, Brent McGee, Evan McGee, Cory McMahan, Michael Pitrolo, Tim Stephens,
Derik Craft, Tyler Hobbs and Tim Phillips, are commended for their
dedication and hard work; and
Whereas, As of November 21, 2006, the Parkersburg High School
boys' soccer team was ranked 24th in the nation and fourth in
Region IV by the NSCAA/Adidas National Rankings; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High
School boys' soccer team on winning the 2006 Class AAA
championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Parkersburg High School boys'
soccer team.
At the request of Senator Deem, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 76, Setting particular
penalties for underage drinking.
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, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--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. 76) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 76) takes effect July 1, 2007.
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. 152, Creating Indigent
Defense Commission.
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, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger,
Wells, White and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Sypolt and Yoder--4.
Absent: Sharpe and Sprouse--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. 152) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Bowman, Caruth,
Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills,
Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White
and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Sypolt and Yoder--4.
Absent: Sharpe and Sprouse--2.
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. 152) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 219,
Prohibiting smoking in motor vehicle when persons under fourteen
are present.
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, Bowman,
Caruth, Chafin, Deem, Edgell, Foster, Green, Helmick, Hunter,
Jenkins, Kessler, McCabe, Minard, Oliverio, Plymale, Prezioso,
Stollings, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--23.
The nays were: Barnes, Boley, Facemyer, Fanning, Guills,
Hall, Love, McKenzie and Sypolt--9.
Absent: Sharpe and Sprouse--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 Com. Sub. for S. B. No. 219) 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. 276, Authorizing Department
of Military Affairs and Public Safety promulgate legislative rules.
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, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--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. 276) 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, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 276) 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. 505, Relating to State Police Death,
Disability and Retirement 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, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--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. 505) 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. 603, Establishing 21st
Century Tools for 21st Century Schools Technology Initiative.
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, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--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. 603) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 603) takes effect July 1, 2007.
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. 207, Providing fine for violating terms of
bond.
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.
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. 18, Requiring third party
reimbursement for kidney disease screening.
Senate Bill No. 149, Repealing code section relating to Child
Assessment or In-State Placement Fund.
Senate Bill No. 376, Assessing fee for processing scientific
collecting permits.
Senate Bill No. 388, Relating to medical support provisions in
child support orders.
Com. Sub. for Senate Bill No. 479, Authorizing county
commissions expend funds to repair certain orphan roads.
Senate Bill No. 484, Finding and declaring certain claims
against state.
Com. Sub. for Senate Bill No. 569, Creating special fuels
taxes for deposit in Special Railroad and Intermodal Enhancement
Fund.
Senate Bill No. 589, Expanding powers and duties of Director
of Personnel.
Senate Bill No. 596, Requiring municipal elections' personnel
participate in training.
Senate Bill No. 611, Relating to Division of Natural
Resources' long-term contracts with third parties.
Senate Bill No. 613, Relating to crossbow restrictions.
And,
Eng. Com. Sub. for House Bill No. 2791, Relating to penalties
for violating peace bonds.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
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. 563, Authorizing Joint Committee on Government
and Finance to appoint certain Court of Claims' clerks.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 588, Removing tax expiration date on
manufacturing or production of synthetic fuel from coal.
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,
Vice Chair.
At the request of Senator Hunter, unanimous consent being
granted, the bill (S. B. No. 588) contained in the preceding report
from the Committee on Energy, Industry and Mining 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. 629, Relating to certain exemptions for solid
waste facilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 629 (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 §22-15-9a, relating generally to solid waste facilities;
providing procedure to allow certain facilities to handle up to one
hundred thousand tons of solid waste per month; providing special
solid waste assessment fee; specifying when special solid waste
assessment fee applies in lieu of regular fees; specifying
administration, collection and disbursement of the special solid
waste assessment fee; authorizing enforcement and penalties for
nonpayment of the fee; creating the county solid waste assessment
fee account and providing for its management; creating a county
solid waste advisory board; establishing terms and specifying
duties of the solid waste advisory board; and dedicating use of
special assessment fee proceeds for certain purposes.
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.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 629) contained in the
preceding report from the Committee on the Judiciary 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. 675, Limiting arrest powers for day report
officers.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 678, Eliminating certain taxes for production
and severance of coalbed methane.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 678 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend and
reenact §11-13A-3d of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§11-13V-4a, all relating to the Severance and Business Privilege
Tax Act and the Workers' Compensation Debt Reduction Act;
specifying termination of the severance tax exemption for
production of coalbed methane; and specifying that coalbed methane
is taxed as natural gas for purposes of the Severance and Business
Privilege Tax Act and for purposes of the taxes imposed by the
Workers' Compensation Debt Reduction Act.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 678) contained in the
preceding report from the Committee on Energy, Industry and Mining
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 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. 681, Relating to WV Capital Company Act.
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,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being
granted, the bill (S. B. No. 681) contained in the preceding report
from the Committee on Economic Development 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, with amendments from the
Committee on Economic Development pending.
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. 706, Limiting expungement of certain criminal
records.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 706 (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 §61-11-26, relating to the limited expungement of
certain criminal records.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Barnes presented a petition from Bonita Nantz and
numerous West Virginia residents, supporting Senate Bill No. 736
(Prohibiting state-funded abortions).
Referred to the Committee on Finance.
Senator Jenkins presented a petition from Omar Pennington and
eighty Cabell County residents, opposing Senate Bill No. 369
(Relating to local option elections on table games).
Referred to the Committee on the Judiciary.
Senator Yoder presented a petition from Keith E. St. Clair and
forty-eight West Virginia residents, opposing Senate Bill No. 259
(Authorizing Department of Environmental Protection promulgate
legislative rule relating to requirements governing water quality
standards).
Referred to the Committee on the Judiciary.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Stollings, the name of Senator
Stollings was removed as a sponsor of Senate Bill No. 370
(Establishing returnable beverage container deposit program) and
Senate Bill No. 654 (Reconstituting Hatfield-McCoy Regional
Recreation Authority governing board).
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Sprouse.
Pending announcement of meetings of standing committees of the
Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 22, 2007, at 11 a.m.
____________