WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

SIXTEENTH DAY

____________

Charleston, W. Va., Thursday, January 26, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by Dr. James E. Lutz, First Baptist Church of Hurricane, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, January 25, 2006,
On motion of Senator Hunter, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant First Lady Gayle Manchin privileges of the floor for the day.
The Senate 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. 2329--A Bill to amend and reenact §61-11A-4 of the Code of West Virginia, 1931, as amended, relating to authorizing a court to order a defendant to contribute monetarily or through hours of service to a local crime victim's assistance program or juvenile mediation program which meets certain requirements.
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. 2448--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to criminal offenses involving the theft of mail matter.
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. 3212--A Bill to amend and reenact §61-5-27 of the Code of West Virginia, 1931, as amended, relating to the crimes of intimidation or retaliation against informants; establishing a misdemeanor offense for first offense intimidation of an informant; establishing felony for second and subsequent offense of intimidation of an informant; establishing the felony offense of retaliation against an informant; defining "informant" for the purposes of these offenses; and establishing related criminal penalties.
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. 3213--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-2-16a, relating to creating crimes against common carriers; and providing penalties.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4021--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-6a; to amend said code by adding thereto a new article, designated §16-5U-1, §16-5U-2, §16-5U-3, §16-5U-4, §16-5U-5, §16-5U-6, §16-5U-7 and §16-5U-8; to amend said code by adding thereto a new article, designated §16-5V-1, §16-5V-2, §16-5V-3, §16-5V-4, §16-5V-5, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-9 and §16-5V-10; to amend said code by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4, §16-29G-5, §16-29G-6, §16-29G-7 and §16-29G-8; and to amend said code by adding thereto a new article, designated §33-15D-1, §33- 15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7, §33- 15D-8, §33-15D-9 and §33-15D-10, all relating to health care availability and access by requiring the finance board of the Public Employee Insurance Agency to analyze the value of transferring retirees to a Medicare Advantage Plan from both the benefits and cost saving perspective; identifying findings by the Legislature, establishing guidelines for health care reform, establishing goals for health care reform, establishing a process for attaining health care goals, establishing a schedule and benchmarks for attaining health care goals including establishing a pilot program for participating health care clinics and private medical practitioners to provide primary and preventive health services for a prepaid fee; establishing dates for providing primary and preventive care to all citizens of the state; establishing a basic health care package for all citizens of the state after certain benchmarks are reached; establishing goals and creating a commission on health care reform, defining its membership, establishing responsibilities, creating the authority to hire necessary staff, creating the Appalachian State Health Plan to provide health care coverage to the citizens of the state, establishing an advisory committee to work with the Health Care Authority and establishing specific requirements; establishing the West Virginia Health Information Network by establishing its purpose, establishing the members of the network, its powers and duties, an account to receive funds and disperse funds, protection from liability, property rights, rules, resolution of disputes, privacy and protection of information; establishing individual limited health benefits insurance plans focusing on preventive and primary care services; declaring legislative intent; requiring approval of plans by Insurance Commissioner; providing eligibility requirements for individuals; setting forth statutory or regulatory provisions that do not apply to such plans; providing underwriting standards; establishing criteria for filing and approval of premium rates; requiring certification of creditable coverage; authorizing Insurance Commissioner to promulgate emergency rules; mandating disclaimer on policies; exempting plans from premium taxes; providing for severability; and providing rule of construction.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 4069--A Bill to amend and reenact §18B-16- 6b of the Code of West Virginia, 1931 as amended, relating to continuation of the Rural Health Advisory Panel.
Referred to the Committee on Government Organization.
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 Bill No. 7, Establishing Flood Protection Planning Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 7 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-29-1, §29-29-2, §29-29-3, §29-29-4, §29-29-5 and §29-29-6, all relating to state flood protection planning; providing legislative findings; defining terms; establishing the State Flood Protection Planning Council and authorizing certain duties; establishing State Flood Protection Planning Advisory Committee and setting forth its duties; and reporting to the Joint Legislative Oversight Commission on Water Resources.
 With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator 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 Government Organization.
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. 51, Eliminating one-year residency requirement for name change for certain persons.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 51 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §48-25-101 of the Code of West Virginia, 1931, as amended, relating to permitting persons to file for a name change who were born in, married in and previously were residents in the county for at least fifteen years where the petition is brought.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 113, Creating personal property tax exemption for farm equipment and livestock.
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,
Larry J. Edgell,
Chair.
The bill, 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
Eng. House Bill No. 4037, Correcting definitions applicable to the assessment of real property.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler, White, Unger and Love:
Senate Bill No. 277--A Bill to amend and reenact §60-3-22a of the Code of West Virginia, 1931, as amended, relating to providing the offense of underage drinking.
Referred to the Committee on the Judiciary.
By Senators Kessler, Minard and Foster:
Senate Bill No. 278-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-1F-1, §5-1F-2, §5-1F-3, §5-1F-4 and §5-1F-5, all relating to the creation of the office of State Energy Coordinator in the office of the Governor; findings and purposes; power and duties; definitions; and reports to the Joint Committee on Government and Finance.
 Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Prezioso, Bailey, Barnes, Guills, Hunter, Minear, Caruth, Minard, White, Jenkins, Unger and Foster:
Senate Bill No. 279-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49- 6F-6, §49-6F-7, §49-6F-8 and §49-6F-9, all relating to creating the office of Family and Child Protection Ombudsman; powers and duties of the office of Family and Child Protection Ombudsman; qualifications, term of office and salary of the ombudsman; authority for the ombudsman to hire staff; providing the ombudsman and staff of the office of Family and Child Protection Ombudsman to investigate and monitor the Department of Health and Human Resources' Division of Child Protective Services; access to child protective services records and information; communication with children involved in child protective services investigations; confidentiality of information; immunity from liability; sunset provision; and defining terms.
 Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Prezioso, Hunter, Sharpe, Caruth, Minard, Dempsey, Jenkins, Unger, McCabe, Foster, Love and Plymale:
Senate Bill No. 280-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5R-7, relating to establishing an Alzheimer's Disease Registry within West Virginia University to act as a central information database for policy and planning relative to Alzheimer's disease.
 Referred to the Committee on Finance.
By Senators McCabe, Bowman, Chafin, Helmick, Oliverio, Plymale, Prezioso, Unger, Facemyer, McKenzie, Minear, Jenkins and Deem:
Senate Bill No. 281-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6, all relating to creating the All-Terrain Vehicle Responsibility Act.
 Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 282-- A Bill to amend and reenact §29-3-12 of the Code of West Virginia, 1931, as amended, relating to requiring fire inspections for all residential rental properties.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter and Unger:
Senate Bill No. 283--A Bill to amend and reenact §18A-4-2 of the Code of West Virginia, 1931, as amended, relating to increasing teachers' salaries by six percent.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 284-- A Bill to amend and reenact §61-3-4 of the Code of West Virginia, 1931, as amended, relating to deterring street couch fires by defining fires in public rights-of-way as arson in the fourth degree with corresponding penalty.
 Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 285-- A Bill to amend and reenact §36-8-2, §36-8-7, §36-8-8, §36-8-12, §36-8-15, §36-8-17 and §36-8-23 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §36-8-5a, §36-8-5b and §36-8-15a; to amend and reenact §36-8A-4 of said code; and to amend and reenact §42-1-3c of said code, all relating to unclaimed property; shortening the abandonment period for stock, for bonds, mineral proceeds and demutualization proceeds; waiving notary requirements for unclaimed property reports and requiring holders to submit electronically; authorizing administrator to require that holders liquidate securities and report proceeds as unclaimed property; authorizing administrator to sell safe-deposit box contents through electronic auction or other methods; waiving notary requirements for claims under five hundred dollars and limiting administrator's liability for duplicate claims payment; authorizing any state agency, board or commission owed delinquent funds by any person to claim that person's property to offset delinquent amounts owed the agency; applying provisions of the act to preabandoned property; authorizing administrator to cooperate with state agencies or with other states to locate property or pay claims; allowing property with no taker to be administered under the unclaimed property act; and allowing unclaimed stolen property to be auctioned electronically or through other methods.
 Referred to the Committee on the Judiciary.
By Senators Hunter, Edgell, White and Deem:
Senate Bill No. 286-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo; to amend said code by adding thereto a new section, designated §8-12-5e; and to amend and reenact §29-22B-402, §29-22B-403 and §29-22B-1101 of said code, all relating to limited video lottery; authorizing counties and municipalities to restrict limited video lottery locations; to freeze the issuance of new limited video lottery retailer licenses; and to reduce the number of limited video lottery terminals to four thousand five hundred through attrition and restrictions on the sale and transfer of licenses.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Edgell:
Senate Bill No. 287-- A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended, relating to prosecuting attorneys generally; and providing that the prosecuting attorney of Wetzel County shall serve as a part-time prosecuting attorney regardless of the classification of the county.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 288--A Bill to amend and reenact §5-16-2, §5- 16-5 and §5-16-25 of the Code of West Virginia, 1931, as amended, all relating to clarifying that county board of education employees who work full time for more than thirty consecutive days qualify for Public Employees Insurance Agency coverage; eliminating the 80- 20 requirement which requires payment of twenty percent of the aggregate premium by active employees; and increasing the amount that Public Employees Insurance Agency can have in its reserve fund from fifteen percent to twenty percent.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Hunter, Dempsey, White and Unger:
Senate Bill No. 289-- A Bill to amend and reenact §61-11A-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto four new sections, designated §61-11A-9, §61-11A- 10, §61-11A-11 and §61-11A-12, all relating to establishing a Statewide Automated Victim Information and Notification System.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators White, Barnes, Weeks, Caruth, Hunter and Unger:
Senate Bill No. 290-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-13-1 §15-13-2, §15-13-3, §15-13-4, §15-13-5 and §15-13-6, all relating to the creation and establishment of a crime victim notification system.
 Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Edgell, Bailey, Dempsey, Facemyer and Guills:
Senate Bill No. 291-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14, §19-9B-15, §19-9B-16, §19-9B-17, §19-9B-18, §19-9B-19, §19-9B-20, §19-9B-21, §19-9B-22 and §19-9B-23, all relating to regulating the sale, possession and breeding of exotic animals; stating legislative purpose; defining certain terms; creating Exotic Animal Regulation Board and Technical Advisory Committee; establishing duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of a seized exotic animal and bonding requirements; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring permit to possess or breed exotic animal and providing permit application process and permit requirements; providing for exemptions; requiring identification number on an exotic animal; establishing caging, care and treatment requirements; requiring liability insurance; authorizing certain inspections; providing for denial of a permit; specifying conditions under which an exotic animal may be seized; and establishing civil and criminal penalties.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators White, Hunter, Sharpe, Dempsey and Unger:
Senate Bill No. 292--A Bill to amend and reenact §5A-3-37 and §5A-3-37a of the Code of West Virginia, 1931, as amended, all relating to providing a two and one-half percent preference on bids for certain state and local government contracts to resident West Virginia vendors who qualify for veteran status over nonveteran resident vendors.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 293-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1E-1, §62-1E-2, §62-1E-3, §62-1E-4, §62-1E-5 and §62-1E-6, all relating to establishing the Eyewitness Identification Reform Act.
 Referred to the Committee on the Judiciary.
By Senators Foster, Sharpe, Dempsey, Jenkins, Hunter, Unger and Love:
Senate Bill No. 294-- A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to the reduction of state income taxes for state and federal retirees by increasing the exemption on retirement income in calculating the federal gross income for state personal income tax purposes.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
Senators White, Hunter, Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, Yoder and Tomblin, Mr. President offered the following resolution:
Senate Resolution No. 7--Recognizing the tragic chain of events which began January 2, 2006, in the Sago Mine near Tallmansville, Upshur County.
Whereas, On January 2, 2006, around 6:30 a.m., two crews of miners entered the Sago Mine, near Tallmansville, Upshur County, to resume coal production after the New Year's Day holiday. Soon after, an underground explosion occurred and 13 members of the first crew were trapped approximately two miles from the mine entrance and 280 feet from the surface; and
Whereas, Dangerous levels of carbon monoxide and methane gas delayed rescue teams from entering the mine. Crews began to drill in an attempt to monitor air quality in the mine and provide fresh air to the trapped men; and
Whereas, Family and friends of the missing miners gathered at a nearby church to pray for their safe return and to comfort each other as they waited for news of their loved ones; and
Whereas, Shortly after 9 p.m., January 3, 2006, discouraging news came from the rescue crew that the body of one miner was found and the fate of the 12 others remained unknown; and
Whereas, Just before midnight January 3, 2006, unconfirmed reports indicated the remaining 12 miners were found alive. However, in the early morning hours of January 4, 2006, jubilation turned to grief when it was reported that 11 of the 12 missing men had, in fact, perished; and
Whereas, The only survivor, Randal McCloy, Jr., was evacuated to a West Virginia University hospital for treatment for various ailments brought on by carbon monoxide poisoning; and
Whereas, Family and friends were devastated at the news of the deaths of their loved ones, especially after the erroneous reports that the 12 other miners had survived; and
Whereas, Thomas Anderson, Alva Martin Bennett, Jim Bennett, Jerry Groves, George Junior Hamner, Terry Helms, Jesse Jones, David Lewis, Martin Toler, Jr., Fred Ware, Jr., Jackie Weaver and Marshall Winans, who perished in the Sago Mine disaster, should be remembered as brave men who died providing not only for their families, but also providing the nation with energy; and
Whereas, America should be proud of these 13 brave men who placed themselves in the dark and dangerous environment of coal mining in order to provide fuel for the nation's energy sources; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the tragic chain of events which began January 2, 2006, in the Sago Mine near Tallmansville, Upshur County; and, be it
Further Resolved, That the Senate hereby remembers the brave men who perished in the Sago Mine disaster and extends its sincere sympathy to the families of Thomas Anderson, Alva Martin Bennett, Jim Bennett, Jerry Groves, George Junior Hamner, Terry Helms, Jesse Jones, David Lewis, Martin Toler, Jr., Fred Ware, Jr., Jackie Weaver and Marshall Winans; and, be it
Further Resolved, That the Senate hereby expresses hope for the recovery of Randal McCloy, Jr.; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the families of the 13 brave West Virginians involved in the Sago Mine disaster.
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 Love, and by unanimous consent, the remarks by Senator White regarding the adoption of Senate Resolution No. 7 were ordered printed in the Appendix to the Journal.
At the request of Senator Minear, unanimous consent being granted, the remarks by Senator Hunter regarding the adoption of Senate Resolution No. 7 were ordered printed in the Appendix to the Journal.
At the request of Senator White, and by unanimous consent, the remarks by Senator Barnes regarding the adoption of Senate Resolution No. 7 were ordered printed in the Appendix to the Journal.
Senators Bowman, Oliverio, Prezioso, Sharpe, White, Hunter, Minear, McKenzie, Fanning, Plymale, Tomblin (Mr. President), Jenkins, Helmick, Guills, Minard, Kessler, Foster, Edgell, Sprouse, Caruth, Dempsey, Unger, Deem, McCabe and Facemyer offered the following resolution:
Senate Resolution No. 8-Expressing appreciation to Ed and Mona Pastilong for their contributions to West Virginia University and the State of West Virginia.
Whereas, A graduate of West Virginia University, Ed Pastilong served as football coach at Scott High School in Madison. He served as football coach for the Salem College Tigers from 1969 until 1975; and
Whereas, Ed Pastilong joined the athletic department at West Virginia University in 1976 as a football recruiting coordinator and later became the scholarship officer. In 1979, he became Assistant Athletic Director for Facilities and Operation. He was promoted to Associate Athletic Director in 1987; and
Whereas, In 1989, he became Director of Athletics at West Virginia University. During his tenure, he has been instrumental in achieving such goals as West Virginia University's inclusion in the Big East Conference. He helped develop a plan for West Virginia University's athletic programs which included a football indoor practice facility, stadium luxury boxes, a gymnastic performance center, new soccer fields, a renovated outdoor track surface, lights for the baseball stadium and new tennis courts. He has tried to ensure that every student-athlete has the best athletic, academic and social experience at West Virginia University; and
Whereas, Ed Pastilong oversees 17 varsity programs, approximately 500 student-athletes and an annual budget that exceeds $25 million; and
Whereas, Ed Pastilong is married to his beloved wife Mona Freeland Pastilong. Ed and Mona Pastilong were both 1961 graduates of Moundsville High School in Marshall County. They are the proud parents of two daughters, Kim DeFelice and Amy Richter, and four grandsons, Michael and Nick DeFelice and Ryan and Shawn Richter; and
Whereas, A special tribute should be paid to Mona Pastilong who has supported her husband during his endeavors with West Virginia University and the State of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby expresses its appreciation to Ed and Mona Pastilong for their many contributions to West Virginia University and the State of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Ed and Mona Pastilong.
At the request of Senator Bowman, 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 Kessler, and by unanimous consent, the remarks by Senator Bowman regarding the adoption of Senate Resolution No. 8 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.
At the request of Senator Helmick, unanimous consent being granted, Senator Helmick offered the following resolution from the floor:
Senate Resolution No. 9-Authorizing the appointment of employees for the Senate for the two thousand six regular sixty-day session of the seventy-seventh Legislature and payment of their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the President of the Senate, be and he is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-seventh Legislature, and any extension thereof as follows:
Twenty-six Class I secretaries at a rate of sixty dollars to seventy-four dollars per diem;
Ten Class II secretaries at a rate of sixty-two dollars to seventy-five dollars per diem;
Nine Class III secretaries at a rate of sixty-four dollars to sixty-eight dollars per diem;
Six Class IV secretaries at a rate of sixty-six dollars to seventy dollars per diem;
Six legislative analysts at a rate of fifty-five dollars to seventy-five dollars per diem;
Twelve legal counselors at a rate of one hundred seventy-five dollars to two hundred thirty dollars per diem; assignments and salary to be determined by the President of the Senate;
Two bill and journal clerks to the Senate Clerk at a rate of sixty-four dollars per diem;
Six proofreaders at a rate of fifty-five dollars to seventy- two dollars per diem;
One journal room supervisor at a rate of ninety-eight dollars per diem;
One assistant journal room supervisor at a rate of seventy-two dollars per diem;
Nine journal and bill room clerks at a rate of fifty-five dollars to eighty dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred fifty-one dollars per diem;
One chief assistant Sergeant at Arms at a rate of sixty-six dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty dollars to sixty-four dollars per diem;
One Doorkeeper at a rate of one hundred twenty dollars per diem;
One chief assistant Doorkeeper at a rate of sixty-nine dollars per diem;
Eight assistants to the Doorkeeper at a rate of fifty-four dollars to sixty dollars per diem;
One information clerk at a rate of fifty dollars per diem (twenty-five dollars per diem paid by House of Delegates);
Seven messengers at a rate of fifty-three dollars to fifty- seven dollars per diem;
One head page at a rate of sixty-three dollars per diem;
One assistant head page at a rate of fifty-six dollars per diem;
One duplicating machine operator at a rate of fifty-five dollars per diem;
One office assistant at a rate of fifty-nine dollars per diem;
One computer technical assistant at a rate of fifty-seven dollars per diem;
 The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to supervise and dismiss such staff personnel ; and, be it
Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand six and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
Clerk $7,416.67
Assistant Clerk 6,083.33
Executive Secretary to the Clerk 2,750.00
Administrative Assistant to the Clerk 4,250.00
Legislative Assistant III 4,270.83
Legislative Assistant III 3,895.83
Legislative Assistant III 3,145.83
Legislative Assistant II 2,708.33
Legislative Assistant II 2,375.00
Legislative Assistant I 2,291.67
Legislative Assistant I 2,000.00
Senate & Joint Committee
Fiscal Officer 4,708.33
Fiscal Officer 3,437.50
Administrative Secretary 2,708.33
Technical Support 2,375.00
Administrative Assistant to the
President 5,187.50
Assistant to the President 3,750.00
Executive Secretary to the President 2,958.33
Secretary to the Majority Leader 2,291.67
Secretary to the Minority Leader 2,166.67
Attorney 6,583.33
Attorney 6,395.83
Attorney 5,979.17
Attorney 5,645.83
Attorney 5,333.33
Attorney 5,291.67
Legislative Analyst I 3,812.50
Legislative Analyst I 3,354.17
Legislative Analyst I 2,833.34
Legislative Analyst 2,666.67
Legislative Analyst 2,270.83
Clerk/Committee Reporter 3,100.00
Committee Support 1,979.17
Secretary/Analyst to the Judiciary
Committee 2,583.34
Secretary to the Judiciary Committee 2,062.50
Secretary to the Finance Chairman 2,750.00
Secretary/Analyst to the Health and Human
Resources Committee 2,333.33
Supervisor, Materials/Supplies 3,312.50
Communications Clerk 2,666.67
Mail/Supply Clerk 2,541.67
Chief Custodian 2,875.00
Custodian 2,062.50
Custodian 1,770.83
 The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the written approval of the President, or the President of the Senate shall have authority to supervise and dismiss such staff personnel.
At the request of Senator Helmick, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Petitions

Senators Kessler and Edgell presented a petition from Jim Bostic and numerous West Virginia residents, supporting Senate Bill No. 91 (Relating to eminent domain).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
 Senate Concurrent Resolution No. 27, Requesting Division of Highways name bridge at Pinch, Kanawha County, "Cross Brothers' Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 28, Requesting Division of Highways name bridge at Keyser, Mineral County, "Jonah E. Kelley, World War II Congressional Medal of Honor Recipient, Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
 Senate Concurrent Resolution No. 29, Designating December, 2006, "West Virginia Legislature's Back to School Month".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education.
 The Senate proceeded to the tenth order of business.
Senate Bill No. 162, Creating Affordable Health Insurance Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 164, Creating preventive care pilot program.
 On first reading, coming up in regular order, was read a first time and ordered to second reading.
 The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Plymale, Jenkins and Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 27, 2006, at 11 a.m.
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