WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, March 1, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
Dr. Earl Hissom III, Hissom Holiness
Tabernacle, Charleston,
West Virginia.
Pending the reading of the Journal of Wednesday, February 28,
2007,
On motion of Senator Bowman, 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. Com. Sub. for House Bill No. 2390--A Bill to amend and
reenact º19-20-10, º19-20-15, º19-20-16, º19-20-17 and º19-20-18 of
the Code of West Virginia, 1931, as amended, all relating to domestic animals and livestock; and adding any animal raised for
domestic or commercial agricultural purposes to provisions
providing compensation to persons having suffered loss or damage on
account of the destruction, loss, or injury by dogs and provisions
relating to the consequences of a dog that has chased, worried,
wounded or killed such animals.
Referred to the Committee on Agriculture; 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. Com. Sub. for House Bill No. 2422--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §25-1-4; and to amend said code by adding
thereto a new section, designated §31-20-30, all relating to
reducing the reimbursement provided by the regional jails and the
Division of Corrections provided that the Department of Health and
Human Services and the Regional Jail Authority and the Department
of Corrections will effectuate an electronic payment system.
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. 2461--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §21-3-22, relating to providing that all
employees have the right to review and copy the contents of their
personnel file.
Referred to the Committee on the Judiciary; 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. 2710--A Bill to amend and reenact §21-9-2
of the Code of West Virginia, 1931, as amended, relating to the
elimination of the licensure exemption for certain contractors of
manufactured housing installation.
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. 2940--A Bill to amend and
reenact §33-16-1a of the Code of West Virginia, 1931, as amended,
relating increasing the age of dependents for health insurance
coverage.
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. Com. Sub. for House Bill No. 3106--A Bill to amend and
reenact §51-2A-3 and §51-2A-5 of the Code of West Virginia, 1931,
as amended, all relating to family courts; realigning and
increasing family court circuits; and increasing the number of
family court judges.
Referred to the Committee on the Judiciary; 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. Com. Sub. for House Bill No. 3167--A Bill to amend and
reenact §18-7A-17 of the Code of West Virginia, 1931, as amended,
relating to allowing members of the Teachers Retirement System who
are absent from employment while serving as an officer or staff of
a statewide professional teaching association or a statewide
service personnel association to count this service towards
retirement credit; and amounts required to be paid by members for
such service.
Referred to the Committee on Education; then to the Committee
on Pensions; 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. 3184--A Bill to amend and reenact §27-3-1
and §27-3-2 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §27-5-9 of said code, all relating to
confidentiality, disclosure and authorization for disclosure of
mental health information obtained in the course of treatment or
evaluation of individuals.
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. 3220--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §18A-2-10a, relating to medical qualifications
for school bus operators; and prohibition of dismissal, denial of
or ineligibility for employment of school bus operators who have
diabetes mellitus requiring insulin.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
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. Com. Sub. for House Bill No. 3223--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29I-1, §16-29I-2, §16-29I-3, §16-29I-4,
§16-29I-5, §16-29I-6, §16-29I-7, §16-29I-8, §16-29I-9 and §16-29I-
10, all relating to creating a revolving loan fund to be
administered by the West Virginia Health Care Authority Board to
provide grants and loans to assist hospitals in the rationalization
and restructuring of their health care delivery systems; setting
forth the criteria and conditions for approving hospital
restructuring plans and loans from the revolving funds; and
providing the Health Care Authority Board with reporting
responsibilities and rule-making authority to implement the
provisions of the new article.
Referred to the Committee on Finance.
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. Com. Sub. for House Bill No. 3269--A Bill to reform,
alter and modify the county commission of Berkeley County under the
provisions of section 13, article IX of the Constitution of West
Virginia.
Referred to the Committee on the Judiciary; and then 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. 2--Designating Megalonyx
Jeffersonnii as the official state fossil.
Whereas, No fossil has been designated as the official state
fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become
increasingly widespread throughout the citizenry of this state,
there currently being fossil, rock and gem clubs already organized
in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and
described fossil bones from a limestone cave in what is now Monroe
County; and
Whereas, These bones were again described by Casper Wistar in
1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx
Jeffersonnii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age or Pleistocene Epoch
which lasted from 10,000 to 1.8 million years ago; and
Whereas, The designation of a state fossil would aid in the
promotion of interest in geology, paleontology and history; and
Whereas, The bones afford an opportunity for special studies
in American, State, and natural history for the students of the
State; and
Whereas, Thirty-nine of the fifty states have an official
state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That the fossil Megalonyx Jeffersonnii be declared and hereby
designated as the official fossil of the State of West Virginia;
and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to forward official copies of this resolution to
the citizens and schools in the state.
Referred to the Committee on Government Organization.
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. 21--Designating the Mighty
Wurlitzer Theater Pipe Organ, located in Huntington, West Virginia,
as the official theater pipe organ of West Virginia.
Whereas, The Bluefield, West Virginia, Granada Theater
Wurlitzer theater pipe organ, now installed in the Keith Albee
Theater in Huntington, West Virginia, is the sole remaining theater
pipe organ originally installed in a theater in the State of West
Virginia; and
Whereas, The original Keith Albee Wurlitzer theater organ has
been sold to a private individual and cannot be returned in its
original state; and
Whereas, The theater organ is a uniquely American musical
invention, designed and constructed to provide sound accompaniment in the silent era of motion pictures; and
Whereas, Between 1910 and the 1930s, there were nearly 7,000
theater organs across the United States performing each day for
motion pictures; and
Whereas, Soon after sound came to motion pictures, the theater
organs were abandoned, discarded, given away, or left to languish
dormant in their theaters, leaving at the present time
approximately 125 theater organs in public venues nationally; and
Whereas, In 2001, the Huntington Theater Organ Project, Inc,
a not-for-profit, tax-exempt West Virginia Corporation consisting
of private citizens was established to renovate and install the
Bluefield Granada Theater Wurlitzer in the Keith Albee Theater in
Huntington, West Virginia; and
Whereas, The Huntington Theater Organ Project, Inc., has
obtained parts of the Moller theater organ originally installed in
the Smoot Theater, Parkersburg, West Virginia which will be added
to the theater organ installed in the Keith Albee Theater; and
Whereas, The glorious, majestic sounds of the most powerful
musical instrument ever produced will once again thrill West
Virginians in such events as mini-musical concerts between movies,
Marshall University Artists Series, an annual concert series, and
educational curriculum programs with area schools and universities;
and
Whereas, The theater organ installed in the Keith Albee Theater is the only remaining theater organ built for a theater in
the Great State of West Virginia and the glorious, majestic sounds
of the most powerful musical instrument ever produced will once
again thrill West Virginians in such events as mini-concerts
between films, an annual concert series, and educational curriculum
programs with area schools and universities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Mighty Wurlitzer Theater Pipe Organ located in
Huntington is hereby designated the official theater pipe organ of
the State of West Virginia.
Referred to the Committee on Government Organization.
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. 39--Expressing the concern of
the Legislature that the purchase of West Virginia Alloys (a
subsidiary of Globe Metallurgical) Hawks Nest Hydro-Electric
facility by Brookfield Power may adversely affect the economy of
the state and cause employees of West Virginia Alloys to lose their
employment, and urging any corporation that owns and operates a
hydro-electric or steam generation facility in this state for the
manufacture of the specific product, as same is listed on the
corporation's current license granted by the Federal Energy
Regulation Commission, without first conducting an economic impact survey which includes determining the identity of employees who
would suffer adverse employment consequences as a result of the
sale or lease of the facility for purposes other than the
manufacture of the specific product.
Whereas, To the extent it appears that the purchase of the
West Virginia Alloys Hawks Nest Hydro-Electric facility by
Brookfield Power has occurred and that many persons, including
civic leaders, legislators and employees of West Virginia Alloys
are experiencing reasonable and justifiable concerns that the
takeover may adversely affect the state's economy and displace
significant numbers of West Virginia Alloys current employees' as
the result of short-term profit motives being given first priority
at the expense of longer term economic considerations as a direct
result of the purchase; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its concern that the
purchase of West Virginia Alloys Hawks Nest Hydro-Electric facility
by Brookfield Power may adversely affect the state's economy and
cause employees of West Virginia Alloys to lose their employment;
and, be it
Further Resolved, That the Legislature urges any corporation
that owns and operates a hydro-electric or steam generation
facility in this state for the manufacture of a specific product,
not to sell or lease the facility for any purpose other than the manufacture of the specific product, as the same is listed on the
corporation's current license granted by the Federal Energy
Regulation Commission, without first conducting an economic impact
survey which includes determining the identity of employees who
would suffer adverse employment consequences as a result of the
sale or lease of the facility for purposes other than the
manufacture of the specific product; and, be it
Further Resolved, That the clerk of the House of Delegates
forward a certified copy of this resolution to the Board of
Directors of West Virginia Alloys (a Subsidiary of Glove
Metallurgical) and Brookfield Power, and to the State's
Congressional Delegation and Governor.
Referred to the Committee on Economic Development.
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. 47--Requesting the West
Virginia Division of Highways to name a portion of Route 16 north
from the existing northern Oak Hill city limits to the cutoff point
at King Avenue in Fayetteville, "Lucille Smallwood Meadows Highway.
Whereas, Ms. Lucille Smallwood Meadows was a tireless advocate
for education, human rights and civil rights; and
Whereas, Ms. Lucille Smallwood Meadows taught school in
Fayette County for thirty-nine years, was voted one of the top ten Persons of the Year in Fayette County in 1976 and organized the
Fayette County Black Caucus that same year; and
Whereas, Ms. Lucille Smallwood Meadows was presented the Mary
L. Williams Memorial Award by the WVEA in 1982 for her outstanding
contributions toward the eradication of racial inequities in the
education profession; and
Whereas, Ms. Lucille Smallwood Meadows was presented the
Washington Carver Award in 1982 by the Department of Culture and
History, for exemplifying the spirit of service of Camp Washington
Carver; and
Whereas, Ms. Lucille Smallwood Meadows received the Martin
Luther King "Living the Dream" Award in 1983, presented by the West
Virginia King Holiday Commission for the advocacy of nonviolence;
and
Whereas, Ms. Lucille Smallwood Meadows received recognition
from the Fayetteville Womens Club in 1985 for her support of
education; and
Whereas, Ms. Lucille Smallwood Meadows received the
Appreciation for Humanitarian Service in Southern West Virginia
Award in 1985 by the St. Matthews A.M.E. Church of Beckley; and
Whereas, Ms. Lucille Smallwood Meadows was acknowledged as one
of the 2004 Honorees on Civil Rights Day, sponsored by the West
Virginia Human Rights Commission; and
Whereas, Ms. Lucille Smallwood Meadows was featured in the Charleston Gazette's "Decade Series" in 1987; and
Whereas, Ms. Lucille Smallwood Meadows received the T.G.
Nutter Award in 1988 for Outstanding Service to Humanity. T.G.
Nutter was the founder of the NAACP; and
Whereas, Ms. Lucille Smallwood Meadows lobbied for the King
Holiday Bill as well as for bills dealing with Human and Civil
Rights; and
Whereas, Ms. Lucille Smallwood Meadows served West Virginia
through numerous appointments by Governors Jay D. Rockefeller and
Gaston Caperton, including on the Governor's Judicial Committee and
as a Delegate; and
Whereas, Ms. Lucille Smallwood Meadows worked tirelessly with
the NAACP since her teenage years, including serving as chairperson
of the Upper Fayette County NAACP Political Action Committee and as
a member of the West Virginia Conference of NAACP Political Action
Committees; and
Whereas, Ms. Lucille Smallwood Meadows spearheaded the drive
in her community to have the main street in her area named King
Avenue in memory of Dr. Martin Luther King, Jr.; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Division of Highways is hereby
requested to name a portion of Route 16 north from the existing
northern Oak Hill city limits to the cutoff point at King Avenue in
Fayetteville "Lucille Smallwood Meadows Highway" and that the Division of Highways is hereby requested to erect appropriate signs
so designating that portion of Route 16 north; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this Resolution to the Hon. Governor
Joe Manchin, III, to the Commissioner of the West Virginia Division
of Highways, and to Mrs. Dianne Smallwood-Russell, Mr. Charles
Smallwood, and LuAnne Austin.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
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 Concurrent Resolution No. 31, Requesting Department of
Administration name Capitol Complex parking building "Oshel B.
Craigo Parking Building".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Minard, from the Committee on
Banking and Insurance
,
submitted the following report, which was received:
Your Committee on
Banking and Insurance
has had under
consideration
Eng. House Bill No. 2578, Continuing current mental health
parity laws for group insurance plans.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Minard, from the Committee on
Banking and Insurance
,
submitted the following report, which was received:
Your Committee on
Banking and Insurance
has had under
consideration
Eng. Com. Sub. for House Bill No. 2763, Relating to persons
performing financial examinations of insurers.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2764, Establishing criminal
history checks for applicants for insurance producer licenses.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Banking and Insurance pending.
At the request of Senate Plymale, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the sixth order of business.
Senators Sprouse, Plymale, Stollings, Oliverio, Foster, McCabe
and Kessler offered the following resolution:
Senate Resolution No. 39--
Designating the month of March,
2007, as "American Red Cross Month".
Whereas, The American Red Cross was founded in 1881 by Clara
Barton and chartered by Congress in 1905; and
Whereas, The American Red Cross is recognized as a
humanitarian organization that provides compassionate care in times
of disaster; and
Whereas, The American Red Cross depends on the support of the
American people to help sustain the foundation; and
Whereas, In 2006, American Red Cross volunteers from West Virginia responded to 1,229 local emergencies, assisted 2,036
military families and trained 79,537 people in life-saving skills
such as CPR, first aid, lifeguard training, water safety and
HIV/AIDS education; and
Whereas, The American Red Cross recruits West Virginians to
donate life-saving blood for medical treatments; and
Whereas, The American Red Cross could not provide its vital
services without generous contributions from the American people;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates the month of March, 2007, as
"American Red Cross Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
American Red Cross.
At the request of Senator Sprouse, 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 Sprouse (By Request), Stollings, Foster and Kessler
offered the following resolution:
Senate Resolution No. 40--Designating March 1, 2007, as "Self-
Injury Awareness Day".
Whereas, Self-injury, also called self-harm, self-inflicted
violence or self-mutilation, is a coping mechanism used by an
estimated one percent of the United States population; and
Whereas, Self-injury is seldom talked about and often
misunderstood, resulting in those who self-injure being treated
unfairly or insensitively by police, doctors, therapists and
emergency personnel; and
Whereas, Self-injurers, despite public perceptions, are
generally not psychotic and present little danger to others; and
Whereas, Effective treatments for self-harm do exist, although
many professionals may not be aware of them; and
Whereas, Raising professional and public awareness of the
facts about self-injury will help dispel the fears, myths and
taboos that surround the subject that make it difficult for the
people who self-injure to obtain effective help; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 1, 2007, as "Self-
Injury Awareness Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the American Self-Harm Information
Clearinghouse.
At the request of Senator Sprouse, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 392, Assessing value of livestock killed
by bears.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 574, Transferring Weston State Hospital
Institutional Farm to Department of Health and Human Resources.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Finance.
Eng. Senate Bill No. 614, Exempting certain preschool programs
from day care center licensure.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Education.
Eng. Senate Bill No. 739, Relating to disclosure of
transactions with affiliates and other related parties.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Banking and Insurance.
Eng. Senate Bill No. 745, Relating to selling and serving
beverages in public schools.
On third reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Chafin, the bill was recommitted to the
Committee on Education.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2842, Relating to sale and
serving of beverages in schools.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Plymale, the bill was referred to the
Committee on Education.
Eng. House Bill No. 2908, Removing an outdated reference to
the assessed value of livestock used to determine the value of
livestock killed by a bear.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2938, Including motor
carrier inspectors and enforcement officers in the definition of
law-enforcement officer.
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.
Eng. House Bill No. 3090, Transferring the Weston State
Hospital Institutional Farm to the Department of Health and Human
Resources.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 758, Supplementing and amending appropriations
from federal funds to Department of Health and Human Resources,
Division of Human Services.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 759, Making supplemental appropriation to
Division of Health and Board of Examiners for Registered
Professional Nurses.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned 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
Eng. Com. Sub. for House Bill No. 2718, Authorizing West
Virginia Lottery Table Games at State Racetracks.
With amendments from the Committee on the Judiciary pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 2, 2007, at 11 a.m.
____________