WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

TWENTY-EIGHTH DAY

____________

Charleston, W. Va., Tuesday, February 7, 2006

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

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

Senator White presented a petition from Tom Louisos and numerous West Virginia residents, requesting the Legislature to keep West Virginia University Institute of Technology's Leonard C. Nelson College of Engineering in Montgomery and to allocate moneys to support the engineering programs.
Referred to the Committee on Education.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 174, Relating to State Police Death, Disability and Retirement Fund benefits.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 174) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 364, Removing sunset provision from West Virginia Jobs Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 364) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 364) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 479, Paying certain funeral expenses for juvenile probation officers killed in line of duty.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 479) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 479) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 480, Relating to time period for paying criminal proceedings costs.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 480) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 480) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 481, Relating to domestic violence protective orders served out of state.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
 So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 481) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 481) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 483, Providing confidentiality of circuit court records involving guardianship of minors.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 483) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 483) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 484, Utilizing community corrections programs in pretrial supervision.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 484) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Minear, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 484) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Sprouse, Chafin, Bowman, Guills and Caruth.
Thereafter, at the request of Senator Weeks, and by unanimous consent, the remarks by Senator Guills were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Kessler, unanimous consent being granted, it was ordered that the Journal show had Senator Kessler been present in the chamber on yesterday, Monday, February 6, 2006, he would have voted "yea" on the passage of Engrossed Senate Bill No. 461.
 At the request of Senator McKenzie, and by unanimous consent, it was ordered that the Journal show had Senator McKenzie been present in the chamber on Wednesday, February 1, 2006, he would have voted "yea" on the passage of Engrossed Senate Bill No. 242, Engrossed Senate Bill No. 244, Engrossed Senate Bill No. 271, Engrossed Senate Bill No. 370 and Engrossed House Bill No. 4037 and "nay" on the adoption of Senate Resolution No. 11; on Friday, February 3, 2006, he would have voted "yea" on the passage of Engrossed Senate Bill No. 57, Engrossed Senate Bill No. 441, Engrossed Senate Bill No. 442 and Engrossed Senate Bill No. 444; and on yesterday, Monday, February 6, 2006, he would have voted "yea" on the passage of Engrossed Senate Bill No. 461.
 Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 8, 2006, at 11 a.m.
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