sdj-41st day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-SEVENTH LEGISLATURE
REGULAR SESSION, 2006
FORTY-FIRST DAY
____________

Charleston, W. Va., Monday, February 20, 2006

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Kylie Gobel of South Charleston, West Virginia, and a student at Winfield High School, Winfield, West Virginia, proceeded in the singing of "He's All I Need".
Pending the reading of the Journal of Friday, February 17, 2006,
On motion of Senator Helmick, 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.
Senator Tomblin (Mr. President) presented a communication from the Commission for National and Community Service, submitting its annual report as required by chapter five, article twenty-six-a, section four of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report, in accordance with chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual preliminary statewide aggregate tax revenue projection as required by chapter eleven, article one-c, section five of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 505, Extending time for Fairmont city council to meet as levying body.
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. 4120--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-3-10, relating to authorizing the termination of water service for delinquent sewer bills; providing for the termination of water service for delinquent sewer bills where sewer service is provided by a public utility that is owned and operated by a homeowners' association; and providing for the termination of water service for delinquent sewer bills where sewer service is provided by a privately owned public utility.
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. 4272--A Bill to amend and reenact §20-2-42v of the Code of West Virginia, 1931, as amended, relating to clarifying the language regarding requirements for a Class BG stamp.
Referred to the Committee on Natural Resources.
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. 4482--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §39-1-2c; and to amend and reenact §44-1-13 of said code, all relating to affidavits of descent; filing affidavit of heirship with deed records; requiring that the estate be administered before the heirs can deed the property to another; penalties; authorizing the recording of affidavits stating facts that affect the title to real property; and penalties.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4484--A Bill to extend the time for the county commission of Marion County, West Virginia, to meet as a levying body for the purpose of presenting to the voters of the county an election on the question of continuing excess levies for vital public services in Marion County.
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. 28--Requesting the Division of Highways name the bridge located on State Route 46 in Keyser, West Virginia, the "Staff Sergeant Jonah Edward Kelly Bridge".
Whereas, On the twenty-third day of April, one thousand nine hundred twenty-three, Jonah Kelly was born and raised in Keyser, West Virginia; and
Whereas, Jonah Kelly served with the three hundred eleventh Infantry of the United States seventh-eighth Infantry Division in World War II; and
Whereas, On the thirty-first day of January, one thousand nine hundred forty-five, Staff Sergeant Kelly was fatally wounded after leading his company in attack on a German stronghold in the village of Kersternich, Germany; and
Whereas, Staff Sergeant Kelly showed superb courage, aggressiveness and disregard for his own safety leading and inspiring his men even after being wounded; and
Whereas, Staff Sergeant Kelly, despite being mortally wounded, eliminated an enemy machine gun entrenchment ensuring the safety of his unit; and
Whereas, Staff Sergeant Kelly was awarded the Medal of Honor posthumously; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby names the bridge on State Route 46 in Keyser, West Virginia, the "Staff Sergeant Jonah Edward Kelly Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this concurrent resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the West Virginia Veterans' Affairs Office and to the family of Staff Sergeant Jonah Edward Kelly.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 35--Naming the Melissa #1 Bridge (06-10/11-0.22) located in Melissa, Cabell County, across the intersection of Alternate WV Route 10 and WV Route 10, the "Curtis E. Pelfrey Memorial Bridge".
Whereas, Curtis E. Pelfrey resided in the Pea Ridge area of Huntington, Cabell County, West Virginia, and passed away on November 4, 2001; and
Whereas, Curtis was survived by his beloved wife, Irene Pelfrey, and their two loving children, Danny Pelfrey and Sandy Sargent; and
Whereas, Curtis selflessly served this country with great courage, going above and beyond the call of duty as a soldier in the United States Army Air Corps during World War II, enduring 78 round trip flights over the hump from India to China as a radio operator with the Air Transport Command; and
Whereas, For his dedicated service and sacrifice, Curtis was awarded the Distinguished Flying Cross, the Air Medal and other general theatre medals; and
Whereas, Curtis Pelfrey's honorable service to our country and his departure from this earthly life should not go unnoticed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Melissa #1 Bridge located in Melissa, Cabell County, which traverses the intersection of Alternate WV Route 10 and WV Route 10, the "Curtis E. Pelfrey 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, to be posted at both ends of the bridge, identifying the bridge as the "Curtis E. Pelfrey Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to provide a certified copy of this resolution to Irene Pelfrey, 6211 Brenda Court, Huntington, WV, and to send a copy to the Commissioner of Highways.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 43--Requesting the Division of Highways name the bridge on State Route 20 that spans the Little Kanawha River at the Upshur/Webster County line the "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge".
Whereas, The miners who did not survive the disaster at the Sago Mine were fathers, sons and husbands, and most of them had labored in the coal mines all their adult lives following their fathers and grandfathers into an occupation that is inherently dangerous, but which offered a choice for a better future; and
Whereas, The notes left for their families and friends by the men who lost their lives makes us all aware of the strength that faith in God gives us and the courage to labor for the benefit of our country in an extremely dangerous environment where the sun never shines; and
Whereas, Every household and business in the country relies, to some degree, on coal-generated electric power which is essential to the economic viability of our nation; and
Whereas, West Virginians are familiar with loss of life from mining disasters, and it is imperative that the loss of these miners demand better methods to protect and rescue those who survive; and
Whereas, Jerry and Tom died while engaged in an honorable and difficult occupation with ten of their fellow miners, with dignity and with grace, but before their time; and
Whereas, We should remember and honor Jerry and Tom and the miners that died at Sago, and we must also remember not only the wives, sons, daughters, parents and family members who survived, but the friends, neighbors and West Virginians that all lived through this tragic occurrence; and
Whereas, We should remember (Psalm 78:6) "That the generation to come might know", that by dedicating this bridge and naming it in honor of Jerry Groves and Tom Anderson that it will serve as a marker for this state and country to begin the process of making coal mining a less dangerous occupation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge on State Route 20 that spans the Little Kanawha River at the Upshur/Webster County line the "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Jerry Lee Groves and Thomas Paul Anderson Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Division of Highways and to the families of Jerry Groves and Tom Anderson.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 45--Requesting the West Virginia Division of Highways to designate and name the new bridge located near Mannington, Marion County, off U. S. Route 250 and now known as the Pine Grove Bridge, the "William Calvin Sandy Bridge".
Whereas, William Calvin Sandy served the State of West Virginia and the Department of Highways for twenty-six and one-half years first as a construction project supervisor and rising to Assistant Director of Construction responsible for highway construction in the northern half of this state and eventually serving as a regional construction engineer, Director of the Procedures Compliance Evaluation Division and Bond Fund Program Engineer. His work included supervision of Interstate 70, Wheeling Tunnel, Interstate 77, U. S. 50 and U. S. 179 projects; and
Whereas, William Calvin Sandy was born in the Marion County Sheriff's residence adjoining the Marion County Courthouse (now the Marion County Historical Society Museum), Fairmont, West Virginia, on April 3, 1913, the eldest son of Sheriff Arch F. Sandy and his wife Nannie M. Conaway Sandy; and
Whereas, William Calvin Sandy is married to Helen Sandy and he is the father of one daughter, Mary Sue Malvin, and three stepdaughters, Anna Lee Gillett, Janet Sue Hass and Mary Lou Nethken; and
Whereas, William Calvin Sandy graduated from Barrackville High School in 1929, attended the West Virginia University College of Engineering from 1929 to 1932 and received a Regents AB degree from Fairmont State College in 1977 where he taught classes in surveying, building codes and construction specifications. He also passed the West Virginia professional engineers examination in October, 1950, and received his registration certificate as a professional engineer; and
Whereas, The life, dedication, contributions to his country, state, community and family and the engineering accomplishments of William Calvin Sandy, a true Mountaineer and great American, should be recognized; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the West Virginia Division of Highways to designate and name the new bridge located near Mannington, Marion County, off U. S. Route 250 and now known as the Pine Grove Bridge, the "William Calvin Sandy Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and the family of William Calvin Sandy.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 47--Requesting the Commissioner of the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge".
Whereas, Dewey Russell Crowder lived on Douglas Branch off Frame Road near Elkview at the time he entered the Army; and
Whereas, Dewey Russell Crowder was killed in action on November 22, 1944, near the Elbe River in Germany while serving with General George S. Patton's 3rd Army in World War II; and
Whereas, Dewey Russell Crowder was only 19 years old when he paid the ultimate price in defense of his country; and
Whereas, Dewey Russell Crowder and others like him who made the supreme sacrifice to preserve our country's freedom are worthy of our deepest gratitude and remembrance; and
Whereas, It is only fitting that the new bridge on Frame Road near Dewey Russell Crowder's childhood home be named in his honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the recently constructed bridge over Little Sandy Creek on Frame Road near Elkview, Kanawha County, the "Dewey Russell Crowder Bridge"; and, be it
Further Resolved, That the Division of Highways cause an appropriate sign to be placed at both ends of this bridge which designates the bridge as the "Dewey Russell Crowder Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the surviving family of Dewey Russell Crowder.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 48--Requesting the Division of Highways to name the bridge which exits Davis in Tucker County, located on Route 32, the "Thomas Patrick Memorial Bridge".
Whereas, Thomas P. Patrick, DDS, originally from Charleston, transplanted his roots to Davis in Tucker County where he lived the most significant portion of his life, prospering in business while exhibiting exceptional leadership attributes as a Boy Scout leader and board member of the Tucker Community Endowment Foundation; and
Whereas, Thomas P. Patrick, a devoted husband and father, lusted for life and was one of those most rare of individuals, achieving his greatest enjoyment by observing the happiness and well-being of others, while encouraging them to live their lives to the fullest extent; and
Whereas, Thomas P. Patrick's vivaciously optimistic persona remained remarkably resilient and intact, even to the end, after being stricken and consumed in the wretched throes of Lou Gehrig's disease; and
Whereas, It is a fitting tribute to the life and times of this indomitably free and soaring-spirited man's legacy to name the bridge located on Route 32 in Davis, Tucker County, the "Thomas Patrick Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is here by requested to name the bridge which exits Davis in Tucker County, located on Route 32, the "Thomas Patrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways place signs at each entrance of that bridge containing in bold and prominent fashion the words the "Thomas Patrick Memorial Bridge"; and, be it
Further Resolved, That a certified copy of this resolution be provided to Dr. Patrick's children, Erin, Keri, Anna and Matthew, to his beloved and surviving spouse, Donna, and to the Division of Highways.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 53--Requesting the Division of Highways name the bridge located at milepost 12.18 to 12.21 and located on Route 35 in the community of Red House, Putnam County, West Virginia, the "Ross Booth Memorial Bridge".
Whereas, Ross Booth worked as a carpenter and helped build this bridge which was completed in 1957; and
Whereas, Mr. Booth worked and helped construct many bridges located in the western section of Interstate 64; and
Whereas, On one of the bridge construction sites on Interstate 64 Mr. Booth was injured and unable to work again, and it ended his career as a carpenter; and
Whereas, In his honor, his family and friends would like to see this bridge in Putnam County be named the "Ross Booth Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge on Route 35 in Red House, West Virginia, the "Ross Booth Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Ross Booth Memorial Bridge" on June 18, 2006, which would have been his 101st birthday; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and the family of Ross Booth.
Referred to the Committee on Transportation and Infrastructure.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

February 17, 2006

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, Commission on Holocaust Education, Brian O'Connell, South Charleston, Kanawha County, for the term ending June 30, 2007.
2.For Member, Commission on Holocaust Education, Dr. Mary E. Haas, Morgantown, Monongalia County, for the term ending June 30, 2007.
3.For Member, Board of Miner Training, Education and Certification, Gary Trout, Leivasy, Nicholas County, for the term ending June 30, 2006.
4.For Director, Office of Consumer Advocacy, Frank Hartman, Buckhannon, Upshur County, for the term to coincide with the term of the Governor.
5.For Member, Shepherd University Board of Governors, Andrew D. Michael, Hedgesville, Berkeley County, for the term ending June 30, 2009.
6.For Member, Shepherd University Board of Governors, Robert McMillan, Martinsburg, Berkeley County, for the term ending June 30, 2009.
7.For Member, Shepherd University Board of Governors, Lacy I. Rice III, Washington, D. C., for the term ending June 30, 2008.
8.For Member, Lottery Commission, David McCormick, Jr., Morgantown, Monongalia County, for the term ending June 30, 2007.
9.For Member, Concord University Board of Governors, Dr. Deborah S. Akers, Princeton, Mercer County, for the term ending June 30, 2008.
10.For Member, Concord University Board of Governors, R. T. Rogers, Hinton, Summers County, for the term ending June 30, 2008.
11.For Member, Concord University Board of Governors, J. Franklin Long, Bluefield, Mercer County, for the term ending June 30, 2009.
12.For Member, Concord University Board of Governors, Wayne Meisel, Princeton, New Jersey, for the term ending June 30, 2009.
13.For Member, Commission on the Arts, Carolyn Cavendish, Charleston, Kanawha County, for the term ending June 30, 2006.
14.For Member, Commission on the Arts, Elaine D'Alessandri, Morgantown, Monongalia County, for the term ending June 30, 2007.
15.For Member, Commission on the Arts, Carol Templeton, Milton, Cabell County, for the term ending June 30, 2007.
16.For Member, Commission on the Arts, Penny Watkins, Huntington, Cabell County, for the term ending June 30, 2007.
17.For Member, Commission on the Arts, Marilyn Cooper, Lewisburg, Greenbrier County, for the term ending June 30, 2008.
18.For Member, Commission on the Arts, Jennifer Francis Alkire, Morgantown, Monongalia County, for the term ending June 30, 2008.
19.For Member, Commission on the Arts, Susan Landis, Daniels, Raleigh County, for the term ending June 30, 2008.
20.For Member, Commission on the Arts, Selina Midkiff, Charleston, Kanawha County, for the term ending June 30, 2007.
21.For Member, Commission on the Arts, Jeanne Mozier, Berkeley Springs, Morgan County, for the term ending June 30, 2008.
22.For Member, Commission on the Arts, Sally Rowe, Cottageville, Jackson County, for the term ending June 30, 2008.
23.For Member, School Building Authority, Nick Preservati, Charleston, Kanawha County, for the term ending July 31, 2009.
24.For Member, School Building Authority, Louis Spadafore, Clarksburg, Harrison County, for the term ending July 31, 2009.
25.For Member, School Building Authority, Tom Lange, Charles Town, Jefferson County, for the term ending July 31, 2007.
26.For Member, Fairmont State University Board of Governors, Robert Kittle, Bridgeport, Harrison County, for the term ending June 30, 2009.
27.For Member, Board of Funeral Service Examiners, John Stump, Grantsville, Calhoun County, for the term ending June 30, 2008.
28.For Member, Board of Funeral Service Examiners, Craig Rotruck, Kingwood, Preston County, for the term ending June 30, 2009.
29.For Member, Board of Funeral Service Examiners, Stephen Varner, Littleton, Wetzel County, for the term ending June 30, 2009.
30.For Member, Board of Funeral Service Examiners, John Atilli, Martinsburg, Berkeley County, for the term ending June 30, 2009.
31.For Member, Real Estate Commission, Vaughn Kiger, Morgantown, Monongalia County, for the term ending June 30, 2008.
32.For Member, Workforce Investment Council, Carl Grover, Ona, Cabell County, for the term ending May 22, 2008.
33.For Member, Workforce Investment Council, Stan Cavendish, Charleston, Kanawha County, for the term ending May 22, 2008.
34.For Member, Workforce Investment Council, Shelly DeMarino, Glenville, Gilmer County, for the term ending May 22, 2008.
35.For Member, Workforce Investment Council, Homer Kincaid, Morgantown, Monongalia County, for the term ending May 22, 2008.
36.For Member, Workforce Investment Council, Nancy Kissinger, Beckley, Raleigh County, for the term ending May 22, 2008.
37.For Member, Workforce Investment Council, Doug Epling, Beckley, Raleigh County, for the term ending May 22, 2008.
38.For Member, Workforce Investment Council, Bob Rogers, Fairmont, Marion County, for the term ending May 22, 2008.
39.For Member, Workforce Investment Council, Jim Cava, Keyser, Mineral County, for the term ending May 22, 2008.
40.For Member, Workforce Investment Council, Gerald Elcharr, Mineral Wells, Wood County, for the term ending May 22, 2008.
41.For Member, Workforce Investment Council, Rodney Rogers, Beverly, Randolph County, for the term ending May 22, 2008.
42.For Member, Workforce Investment Council, Joseph Williams, Huntington, Cabell County, for the term ending May 22, 2008.
43.For Member, Workforce Investment Council, Doug Manson, French Creek, Upshur County, for the term ending May 22, 2008.
44.For Member, Workforce Investment Council, Sharon Hall, Charleston, Kanawha County, for the term ending May 22, 2008.
45.For Member, Workforce Investment Council, Bill Rock, Snowshoe, Pocahontas County, for the term ending May 22, 2008.
46.For Member, Workforce Investment Council, Robert Lee Brown, Charleston, Kanawha County, for the term ending May 22, 2008.
47.For Member, Workforce Investment Council, Judi Almond, Crab Orchard, Raleigh County, for the term ending May 22, 2008.
48.For Member, Workforce Investment Council, Kenny Perdue, Charleston, Kanawha County, for the term ending May 22, 2008.
49.For Member, Workforce Investment Council, Jerry Berry, Hinton, Summers County, for the term ending May 22, 2008.
50.For Member, Workforce Investment Council, Dr. Peter Checkovich, Winchester, Virginia, for the term ending May 22, 2008.
51.For Member, Workforce Investment Council, Reverend Matthew Watts, Charleston, Kanawha County, for the term ending May 22, 2008.
52.For Member, Workforce Investment Council, Cindy Largent- Hill, Berkeley Springs, Morgan County, for the term ending May 22, 2008.
53.For Member, Workforce Investment Council, Michael Misiti, Huntington, Cabell County, for the term ending May 22, 2008.
54.For Member, Workforce Investment Council, Bobby Webb, Ghent, Raleigh County, for the term ending May 22, 2008.
55.For Member, Workforce Investment Council, Roy Smith, Charleston, Kanawha County, for the term ending May 22, 2008.
56.For Member, Statewide Independent Living Council, Chris Cain, Nitro, Kanawha County, for the term ending June 30, 2008.
57.For Member, Statewide Independent Living Council, Joyce Floyd, Elkins, Randolph County, for the term ending June 30, 2008.
58.For Member, Statewide Independent Living Council, Mark Jenkinson, Martinsburg, Berkeley County, for the term ending June 30, 2008.
59.For Member, Statewide Independent Living Council, Cathy Reed, Fairmont, Marion County, for the term ending June 30, 2008.
60.For Member, Statewide Independent Living Council, Odessa Williams, Huntington, Cabell County, for the term ending June 30, 2008.
61.For Member, Statewide Independent Living Council, Nathan Parker, Huntington, Cabell County, for the term ending June 30, 2006.
62.For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2007.
63.For Member, Statewide Independent Living Council, Ruth Burgess, Charleston, Kanawha County, for the term ending June 30, 2008.
64.For Member, Statewide Independent Living Council, Brenda Goodfellow, Sistersville, Tyler County, for the term ending June 30, 2008.
65.For Member, Statewide Independent Living Council, David Stewart, Charleston, Kanawha County, for the term ending June 30, 2008.
66.For Member, West Virginia Northern Community College Board of Governors, W. Keith Jones, New Martinsville, Wetzel County, for the term ending June 30, 2009.
67.For Member, West Virginia Northern Community College Board of Governors, Orphy Klempa, Wheeling, Ohio County, for the term ending June 30, 2009.
68.For Member, West Virginia Northern Community College Board of Governors, Joseph Craycraft, Moundsville, Marshall County, for the term ending June 30, 2008.
69.For Member, West Virginia Northern Community College Board of Governors, Joseph Freeland, Wheeling, Ohio County, for the term ending June 30, 2008.
70.For Member, West Virginia Northern Community College Board of Governors, The Honorable Tamara Pettit Cronin, Chester, Hancock County, for the term ending June 30, 2009.
71.For Member, Retail Liquor Licensing Board, James McCutcheon, Parkersburg, Wood County, for the term ending December 1, 2008.
72.For Member, Retail Liquor Licensing Board, Robert Shell, Logan, Logan County, for the term ending December 1, 2006.
73.For Member, Retail Liquor Licensing Board, William Bryan Ferrell, Jr., Exchange, Braxton County, for the term ending December 1, 2007.
74.For Member, Children's Health Insurance Plan Board, Margie Hale, Charleston, Kanawha County, for the term ending June 30, 2007.
75.For Member, Children's Health Insurance Plan Board, Larry Hudson, Cross Lanes, Kanawha County, for the term ending June 30, 2008.
76.For Member, Children's Health Insurance Plan Board, Lynn Gunnoe, Charleston, Kanawha County, for the term ending June 30, 2007.
77.For Member, Children's Health Insurance Plan Board, Travis Hill, Martinsburg, Berkeley County, for the term ending June 30, 2007.
78.For Member, Children's Health Insurance Plan Board, Judith Radcliff, Charleston, Kanawha County, for the term ending June 30, 2008.
79.For Member, Children's Health Insurance Plan Board, Debra Sullivan, Charleston, Kanawha County, for the term ending June 30, 2006.
80.For Member, Hospital Finance Board, Darwin Snyder, Eglon, Preston County, for the term ending January 9, 2012.
81.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Penny Hall, Charleston, Kanawha County, for the term ending January 31, 2007.
82.For Member, Board of Examiners in Counseling, Christine J. Schimmel, South Charleston, Kanawha County, for the term ending June 30, 2008.
83.For Member, Board of Examiners in Counseling, Adrienne Belafonte Biesemeyer, Alderson, Greenbrier County, for the term ending June 30, 2009.
84.For Member, Board of Examiners in Counseling, Donna Evans, Beckley, Raleigh County, for the term ending June 30, 2009.
85.For Member, Nursing Home Administrators Licensing Board, John DeMary, Shinnston, Harrison County, for the term ending June 30, 2011.
86.For Member, Blennerhassett Island Historical State Park Commission, Kate Swisher, Parkersburg, Wood County, for the term ending September 16, 2008.
87.For Member, Blennerhassett Island Historical State Park Commission, Jessica Myers, Parkersburg, Wood County, for the term ending September 16, 2008.
88.For Member, Blennerhassett Island Historical State Park Commission, Tim Moore, Vienna, Wood County, for the term ending September 16, 2008.
89.For Member, Blennerhassett Island Historical State Park Commission, Joyce Ancrile, Vienna, Wood County, for the term ending September 16, 2008.
90.For Member, Blennerhassett Island Historical State Park Commission, Shelley Capel, Parkersburg, Wood County, for the term ending September 16, 2006.
91.For Member, Consolidated Public Retirement Board, Paul Hardesty, Holden, Logan County, for the term ending June 20, 2010.
92.For Member, Consolidated Public Retirement Board, Drema Evans, Beckley, Raleigh County, for the term ending June 20, 2010.
93.For Member, Board of Accountancy, William Ellis, Charleston, Kanawha County, for the term ending June 30, 2007.
94.For Member, Board of Accountancy, Reed Spangler, Charleston, Kanawha County, for the term ending June 30, 2008.
95.For Member, Board of Accountancy, James Sturgeon, Charleston, Kanawha County, for the term ending June 30, 2007.
96.For Member, Board of Accountancy, Robert Maust, Morgantown, Monongalia County, for the term ending June 30, 2008.
97.For Member, Board of Accountancy, Harold Davis, Lenore, Mingo County, for the term ending June 30, 2006.
98.For Member, Investment Management Board of Trustees, Steve L. Smith, Poca, Putnam County, for the term ending January 31, 2010.
99.For Member, Coal Resource Transportation Designation Committee, Bill Raney, Charleston, Kanawha County, for the term ending June 30, 2008.
100.For Member, Coal Resource Transportation Designation Committee, Julie Archer, Sumerco, Lincoln County, for the term ending June 30, 2008.
101.For Member, Coal Resource Transportation Designation Committee, Frederick Eugene Saunders, Jr., Daniels, Raleigh County, for the term ending June 30, 2008.
102.For Member, Veterans' Council, William Bernard Simpson, Martinsburg, Berkeley County, for the term ending June 30, 2008.
103.For Member, Radiologic Technology Board of Examiners, Dr. Shawn Reesman, Daniels, Raleigh County, for the term ending June 30, 2008.
104.For Member, Radiologic Technology Board of Examiners, Dr. Robert Smith, Charleston, Kanawha County, for the term ending June 30, 2007.
105.For Member, Radiologic Technology Board of Examiners, Nancy Godby, Chapmanville, Logan County, for the term ending June 30, 2006.
106.For Member, Radiologic Technology Board of Examiners, Melissa Haye, Princeton, Mercer County, for the term ending June 30, 2007.
107.For Member, Radiologic Technology Board of Examiners, Alice Belmont, Morgantown, Monongalia County, for the term ending June 30, 2008.
108.For Member, Radiologic Technology Board of Examiners, Leah Jean Morris, Culloden, Cabell County, for the term ending June 30, 2008.
109.For Member, Radiologic Technology Board of Examiners, Grace Peters, Belle, Kanawha County, for the term ending June 30, 2008.
110.For Member, Women's Commission, Lisa Younis, Shepherdstown, Jefferson County, for the term ending June 30, 2007.
111.For Member, Women's Commission, Heather Johnson, Beaver, Fayette County, for the term ending June 30, 2007.
112.For Member, Women's Commission, Kelly Davis, Ellamore, Upshur County, for the term ending June 30, 2008.
113.For Member, Women's Commission, Ellen Allen, Princeton, Mercer County, for the term ending June 30, 2008.
114.For Member, Women's Commission, Wendy Thomas, Huntington, Cabell County, for the term ending June 30, 2008.
115.For Member, Women's Commission, Carmen Hutchins, Wheeling, Ohio County, for the term ending June 30, 2008.
116.For Member, Economic Development Authority, Marcus W. Estlack, Morgantown, Monongalia County, for the term ending June 30, 2009.
117.For Member, Fairmont State University Board of Governors, H. Skip Tarasuk, Jr., Fairmont, Marion County, for the term ending June 30, 2007.
118.For Member, Fairmont State University Board of Governors, Jim Griffin, Bridgeport, Harrison County, for the term ending June 30, 2008.
119.For Member, Fairmont State University Board of Governors, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2008.
120.For Member, Fairmont State University Board of Governors, Janet Cresenzi, Barrackville, Marion County, for the term ending June 30, 2009.
121.For Director, Division of Juvenile Services, Cindy Largent-Hill, Berkeley Springs, Morgan County, to serve at the will and pleasure of the Governor.
122.For Member, Public Port Authority, Fred Burns, Marlinton, Pocahontas County, for the term ending June 30, 2008.
123.For Member, Public Port Authority, Andrew Kowalo, Wheeling, Ohio County, for the term ending June 30, 2008.
124.For Member, Public Port Authority, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2007.
125.For Member, Public Port Authority, S. J. Dlesk, Wheeling, Ohio County, for the term ending June 30, 2008.
126.For Member, Public Port Authority, Jim Llaneza, Clarksburg, Harrison County, for the term ending June 30, 2006.
127.For Member, Public Port Authority, J. Eric Peters, Sistersville, Tyler County, for the term ending June 30, 2007.
128.For Member, Public Port Authority, David Wayne Mullins, Ripley, Jackson County, for the term ending June 30, 2008.
129.For Member, Glenville State College Board of Governors, Bill Hanlin, St. Marys, Pleasants County, for the term ending June 30, 2007.
130.For Member, Board of Accountancy, Lee Fisher, Little Birch, Braxton County, for the term ending June 30, 2007.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 11, 2006, at 11 a.m.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senator Bailey:
Senate Bill No. 636--A Bill to amend and reenact §51-3-14 of the Code of West Virginia, 1931, as amended, relating to the Court Security Fund; and administrative costs therein.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 637--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-20-1e, relating generally to placement of instructional aides for exceptional students; and providing for placement of aides trained in working with autistic students.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 638--A Bill to amend and reenact §18B-3D-2, §18B-3D-3, §18B-3D-4 and §18B-3D-5 of the Code of West Virginia, 1931, as amended, all relating to Workforce Development Initiative Program; program continuation under West Virginia Council for Community and Technical College Education; appointment of advisory committee members; requiring report to Legislative Oversight Commission on Education Accountability; requiring plan as part of institutional compact; requiring promulgation of legislative rule; providing for continuation of current rule; and making technical corrections.
Referred to the Committee on Economic Development; and then to the Committee on Education.
By Senators Bowman and Foster:
Senate Bill No. 639--A Bill to amend and reenact §4-8-1, §4-8-2, §4-8-3, §4-8-4, §4-8-5 and §4-8-6 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto thirteen new sections, designated §4-8-7, §4-8-8, §4-8-9, §4-8-10, §4-8-11, §4-8-12, §4-8-13, §4-8-14, §4-8-15, §4-8-16, §4-8-17, §4-8-18 and §4-8-19; and to amend and reenact §29-1-5 of said code, all relating to reorganizing and expanding the purposes of the Capitol Building Commission.
Referred to the Committee on Government Organization.
By Senators Barnes and Love:
Senate Bill No. 640--A Bill to amend and reenact §61-8B-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8B-10a, all relating to prohibiting sexual intercourse or sexual intrusion upon hospital patients; defining patient and hospital; and establishing penalties.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 641--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-18f, relating to school-based interpreters generally; and establishing standards for school-based interpreters.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 642--A Bill to amend and reenact §5-5-1 of the Code of West Virginia, 1931, as amended, relating to incremental salary increases for full-time faculty member employees of state institutions of higher education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Plymale, Jenkins, Edgell, Yoder and Love:
Senate Bill No. 643--A Bill to amend and reenact §31-20-10 of the Code of West Virginia, 1931, as amended, relating to relieving the burden imposed on counties of incarcerating inmates in regional jails by changing the way that the cost of incarcerating inmates in regional jails is collected so that it is shared by the county, state and municipality wherein the alleged criminal act occurred; and making the cost of incarcerating a person for less than twenty- four hours one-half the amount charged for incarcerating an inmate for a full day.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 644--A Bill to repeal §17D-4-15, §17D-4-16, §17D-4-17, §17D-4-18 and §17D-4-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 of said code; to amend and reenact §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17D-2A-8 of said code; to amend and reenact §17D-5-3 of said code; and to amend and reenact §17D-6-2 of said code, all relating to mandatory security upon motor vehicles; authorizing the commissioner to develop a program pilot test for electronic insurance verification and, if cost-effective, implement an electronic insurance verification program; repealing the option of substituting the posting of a bond or other security with the State Treasurer or the Commissioner of Motor Vehicles in lieu of a motor vehicle liability policy; changing the method of random sampling for determining compliance with the requirement to maintain security; changing the period of suspension of a driver's license for failure to maintain security; requiring the court to forward evidence of compliance to the Division of Motor Vehicles; providing a criminal penalty for providing false or fraudulent information related to mandatory security; requiring the division to suspend the driver's license of any person upon a showing of forging or filing any false evidence or proof of mandatory security or information; and changing the requirements of obtaining a certificate of self insurance.
Referred to the Committee on Banking and Insurance.
By Senator Unger:
Senate Bill No. 645--A Bill to amend and reenact §17A-3-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-9-5 and §17A-9-7 of said code, all relating to the authority of the Division of Motor Vehicles to refuse to register and to suspend or revoke motor vehicle registrations of motor carriers whose authority to operate in interstate commerce has been denied or suspended by the federal Motor Carrier Safety Administration; and providing for enhanced and graduated civil penalties for repeat offenders.
Referred to the Committee on the Judiciary.
By Senator Helmick:
Senate Bill No. 646--A Bill to amend and reenact §11-10-15 and §11-10-18 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §11- 10E-1, §11-10E-2, §11-10E-3, §11-10E-4, §11-10E-5, §11-10E-6, §11-10E-7, §11-10E-8, §11-10E-9 and §11-10E-10, all relating to creating a Voluntary Disclosure Program; requiring disclosure of abusive tax shelters used to avoid paying state income taxes; extending the statute of limitations for issuing assessments related to failures to disclose a listed transaction; and imposing penalties for promoting abusive tax shelters relative to failing to report listed transactions, reportable transaction understatements, failing to participate in the Voluntary Disclosure Program and for failing to register a tax shelter or maintain required list.
Referred to the Committee on Finance.
By Senators Prezioso and Unger:
Senate Bill No. 647--A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §62-2-9a, all relating to providing revisions to the antistalking law in order to increase victim and public safety; adding clarity toward identification of the activity of stalking; strengthening criminal penalties; eliminating the requirement that the stalker and the victim share some type of personal or other relationship before the crime may occur; and authorizing the Governor's Committee on Crime, Delinquency and Corrections to propose legislative rules designed to aid law enforcement in framing more effective responses to the crime of stalking.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minear and Unger:
Senate Bill No. 648--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making a second and subsequent offense of driving under the influence of alcohol, controlled substance or drugs with a minor under the age of sixteen in the vehicle a felony offense; and providing for penalties, including imprisonment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 649--A Bill to amend and reenact §55-7-24 of the Code of West Virginia, 1931, as amended, relating to apportionment of damages between and among parties found liable in actions for injuries generally; and excepting parties involved with products containing asbestos from the mandatory rules of joint and several liability.
Referred to the Committee on the Judiciary.
By Senators Edgell, Plymale, Jenkins, Hunter, Dempsey and Love:
Senate Bill No. 650--A Bill to amend and reenact §18A-4-3 of the Code of West Virginia, 1931, as amended, relating to increasing the salary increments paid to principals and assistant principals.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 651--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1, §11-13W-2, §11-13W-3, §11-13W-4, §11-13W-5 and §11-13W-6; and to amend and reenact §15-5-11 of said code, all relating to taxation generally; definitions; specifying the method for determining the tax credit; specifying when credit may be taken; and civil liability for aiding an accident victim.
Referred to the Committee on Finance.
By Senators Weeks, Dempsey, Barnes, McKenzie and Yoder:
Senate Joint Resolution No. 13--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to providing that no provision of the Constitution of West Virginia may be construed to grant, offer, confer, bestow or imply a right of a woman to an abortion.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senator Fanning offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Division of Highways name the bridge at Panther, McDowell County, the "Green B. and Margie Blankenship Memorial Bridge".
Whereas, Green B. and Margie Blankenship were residents of Panther, McDowell County; and
Whereas, Green B. Blankenship was a coal miner at the Olga Coal Company for nearly 40 years and was a coworker of Homer Hickam; and
Whereas, Margie Blankenship was a homemaker and mother of seven children; and
Whereas, Green B. and Margie Blankenship were actively involved in various community projects, including fundraisers for road repairs, food drives, Bible school and aid to the less fortunate; and
Whereas, Green B. and Margie Blankenship are remembered for their dedication and commitment to the youth of McDowell County. They were avid supporters and volunteers for youth athletics in the community. They were also involved in parent organizations at Panther Elementary, Iaeger Junior High and Iaeger High Schools; and
Whereas, Sadly, Green B. and Margie Blankenship both passed away in 1985; and
Whereas, It is fitting that a bridge be named in honor of Green B. and Margie Blankenship, two McDowell County residents who made a difference in their community; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at Panther, McDowell County, the "Green B. and Margie Blankenship Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Green B. and Margie Blankenship Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Edgell offered the following resolution:
Senate Concurrent Resolution No. 46--Requesting the United States Environmental Protection Agency authorize rulemaking for programs relating to the recycling of one-way pesticide containers.
Whereas, Pesticide container recycling has a number of environmental and economical benefits. More than 20 million pounds of one-way pesticide containers have been collected and recycled through a unique and productive partnership of state pesticide agencies, extension offices, trade associations and pesticide registrants. Collected plastic is consolidated and made into products such as field drain pipes and marine pilings; and
Whereas, For the past 13 years, the pesticide container recycling program has been managed and promoted by the Ag Container Recycling Council (ACRC), a nonprofit organization established for this purpose. The ACRC is funded by more than 30 companies that formulate, produce, package and distribute crop protection and other pesticide products; and
Whereas, The American Association of Pesticide Control Officials, CropLife America and the Responsible Industry for a Sound Environment are working with the United States Environmental Protection Agency to expand participation in ACRC. These organizations propose that manufacturers either participate in the funding of ACRC or show that they provide end users of one-way plastic pesticide containers with an opportunity to recycle. These organizations further propose that recycling by the end user remain voluntary and that triple-rinsed containers continue to be treated as nonhazardous material able to be discarded in a landfill. In addition, CropLife America and Responsible Industry for a Sound Environment encourage rulemaking by the Environmental Protection Agency's Office of Pesticide Programs to establish a standard for recycling pesticide containers, facilitating the widespread collection and recycling of these containers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the United States Environmental Protection Agency authorize rulemaking for programs relating to the recycling of one-way pesticide containers; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Administrator of the United States Environmental Protection Agency and West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senators Unger, McCabe, Jenkins, Hunter, Foster, Dempsey and Prezioso offered the following resolution:
Senate Resolution No. 23--Recognizing the contributions of the West Virginia Alliance of Boys and Girls Clubs.
Whereas, The West Virginia Alliance of Boys and Girls Clubs provides services to more than 16,000 school-aged youth in eight West Virginia cities; and
Whereas, The goal of the West Virginia Alliance of Boys and Girls Clubs is to inspire our young people to realize their potential as productive, responsible and caring citizens; and
Whereas, The programs offered by the West Virginia Alliance of Boys and Girls Clubs stress character, leadership development, education and career planning. They also encourage appreciation of the arts and provide programs in sports, fitness and recreation; and
Whereas, The West Virginia Alliance of Boys and Girls Clubs encourages our youth to aspire to the highest level of personal development and to become good citizens who are active in their communities; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the contributions of the West Virginia Alliance of Boys and Girls Clubs; and, be it
Further Resolved, That the Senate hereby extends its appreciation for the valuable contributions of the West Virginia Alliance of Boys and Girls Clubs to our communities; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the West Virginia Alliance of Boys and Girls Clubs.
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.
Senators Kessler, Edgell, Unger, McCabe, Minear, Jenkins, Hunter, Foster, Yoder and Dempsey offered the following resolution:
Senate Resolution No. 24--Recognizing the accomplishments of Sam Huff, member of the Pro Football Hall of Fame, prominent businessman and distinguished West Virginian.
Whereas, Sam Huff was born October 4, 1934, in Edna Gas, a coal mining town near Morgantown, Monongalia County; and
Whereas, Sam Huff played football at Farmington High School and was recruited by West Virginia University; and
Whereas, Sam Huff was an All-American football player and graduated from West Virginia University with a BS degree in physical education; and
Whereas, From 1956 to 1963 Sam Huff helped take the New York Giants to six NFL title games. From 1964 to 1967 he played with the Washington Redskins and in 1969 returned as a player-coach and assistant to legendary Coach Vince Lombardi; and
Whereas, In 1960 a CBS documentary entitled "The Violent World of Sam Huff" wired the linebacker, allowing millions to hear the grunts, groans and hard hits of pro football; and
Whereas, During his outstanding football career, Sam Huff received many honors. He was named All-NFL player three times, picked as the NFL's top linebacker in 1959 and selected for five Pro Bowls; and
Whereas, Sam Huff is a member of the West Virginia State High School Hall of Fame and the National Football Foundation's College Football Hall of Fame. In 1982, he became the 114th person to be inducted into the Pro Football Hall of Fame. On November 24, 2005, West Virginia University retired Sam Huff's football jersey, number 75, as a tribute to his outstanding career; and
Whereas, Sam Huff has been successful in a number of business endeavors, including sales and marketing, sportscasting and, more recently, as Vice President of Special Markets for Marriott Hotels and Resorts. His lifelong interest in horses and a dedicated effort to promote racing in West Virginia led to the founding of the West Virginia Breeders Classic, of which he serves as president; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the outstanding accomplishments of Sam Huff, member of the Pro Football Hall of Fame, prominent businessman and distinguished West Virginian; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Sam Huff.
At the request of Senator Kessler, 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 Bowman, and by unanimous consent, the remarks by Senator Kessler regarding the adoption of Senate Resolution No. 24 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, at the request of Senator Boley, unanimous consent being granted, returned to the second order of business and the introduction of guests.
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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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.
On motion of Senator Chafin, the resolution was rereferred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 31, Requesting Division of Highways rename Watson Bridge in Fairmont, Marion County, "Jim Costello Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 33, Requesting Division of Highways name bridge in Wellsburg, Brooke County, "John G. Chernenko Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting Division of Highways name bridge in Red House, Putnam County, "Ross Booth Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was rereferred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 44, Requesting Department of Administration name building in Beckley, Raleigh County, "Clarence W. Meadows Building".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 21, Expressing support for armed forces in Iraq.
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 223, Relating to examination of insurance and health care entities.
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. 223) 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. 236, Expanding definition of child abuse to include parental alcohol and substance abuse.
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. 236) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 454, Removing Insurance Commissioner as health maintenance organizations' attorney for service of process purposes.
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. 454) 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. 467, Amending group life insurance requirements.
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. 467) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 548, Relating to basic universal design features for certain dwellings.
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. 548) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.Com. Sub. for Senate Bill No. 47, Prohibiting local ordinances from discriminating against factory-built housing.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page three, section one, after line twenty-three, by adding a new subsection, designated subsection (d), to read as follows:
(d) Factory-built homes, like other types of homes, shall be constructed and installed in conformity with the requirements of 44 C. F. R. §60.3 (1976) and any applicable statute or rule relating to building in a flood zone.
At the request of Senator Barnes, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 47), as just amended, was advanced to third reading with the right for further amendments to be considered on that reading.
Com. Sub. for Senate Bill No. 157, Allowing municipalities use certain information to collect debts.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page two, section thirteen-a, line one, by striking out the words "and enforce other laws".
The following amendment to the bill, from the Committee on the Judiciary, was next reported by the Clerk and adopted:
On page two, section thirteen-a, line fourteen, by striking out the words "and to enforce other laws".
The bill (Com. Sub. for S. B. No. 157), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 269, Relating to parity for state-chartered banks' investments.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
On page twenty, section twenty-six, line three hundred eighty- eight, by striking out "(9)" and inserting in lieu thereof "(5)".
The bill (S. B. No. 269), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 396, Authorizing Division of Rehabilitation Services promulgate legislative rule relating to Ron Yost Personal Assistance Services Board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 455, Relating to refusal to enforce priority of legislative business.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 529, Updating meaning of certain terms used in state Personal Income Tax Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 530, Updating meaning of certain terms used in state Corporation Net Income Tax Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 551, Relating to involuntary commitment process for addicted persons.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 614, Relating to Auditor's authorization for direct deposit payment.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 634, Exempting certain higher education development projects from Design-Build Procurement Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 635, Requiring boards of education maintain certain flood insurance.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 112, Establishing Alzheimer's Disease Registry.
Com. Sub. for Senate Bill No. 439, Strengthening one-call system requirements for excavators' damage.
Com. Sub. for Senate Bill No. 468, Amending group accident and sickness insurance requirements.
Senate Bill No. 516, Finding and declaring claims against state.
Senate Bill No. 630, Relating to cancellation of combination insurance policies.
Senate Bill No. 631, Relating to criminal school truancy complaints.
And,
Senate Bill No. 632, Relating to disclosure of electioneering communications.

The Senate proceeded to the twelfth order of business.

Remarks were made by Senator McKenzie.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Plymale and White, unanimous consent being granted, it was ordered that the Journal show had Senators Plymale and White been present in the chamber on Friday, February 17, 2006, they would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 245.
Pending announcement of meetings of standing committees of the Senate, including majority and minority caucuses,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned 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 Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 652--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-16D-1, §5-16D-2, §5-16D-3, §5-16D-4, §5-16D-5 and §5- 16D-6, all relating to the West Virginia Retiree Health Benefit Trust Fund; providing for retiree post-employment health care benefits; operation; and funding.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Sprouse (By Request of the Executive):
Senate Bill No. 653--A Bill to amend and reenact §5A-6-1, §5A- 6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the Office of Technology; making legislative findings; defining certain terms; detailing duties, powers and authority of the Chief Technology Officer; establishing a Project Management Office; requiring state spending units to provide notice and obtain approval of Chief Technology Officer for certain information technology and telecommunication projects; and establishing and providing the administration for the West Virginia Technology Infrastructure Fund.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senator Jenkins:
Senate Bill No. 654--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-1-1a, relating to the temporary detention of criminal suspects by law-enforcement officers to inquire on commission of a crime where probable cause appears to exist.
Referred to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 655--A Bill to amend and reenact §20-2-5 of the Code of West Virginia, 1931, as amended, relating to creating an opening day for trout fishing season.
Referred to the Committee on Natural Resources.
By Senators White and Hunter:
Senate Bill No. 656--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22A-2-71b, relating to providing whistle-blower protection to miners who complain to government authorities about health or safety hazards existing at nonunion mine sites where they are employed.
Referred to the Committee on the Judiciary.
By Senators Helmick and Barnes:
Senate Bill No. 657--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-21A-15, relating to the sale of property by the State Conservation Committee and conservation districts; requiring that when selling property they first offer it to the abutting land owner if the owner is the person from whom the property was acquired or the person's surviving spouse or descendant; providing method of establishing sale price; and requiring certain sales be held at public auction.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 658--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-3oo, relating to allowing counties and municipalities to establish a child advocacy center authority; providing for the appointment, membership officers, meetings and terms of members; providing for employees, equipment and buildings; setting forth certain powers; providing that counties and municipalities may contribute funds to a child advocacy center; specifying that charitable contributions to these child advocacy center authorities are tax deductible; and requiring each authority to establish facilities in which single interviews of abused and neglected children by interagency representatives may be undertaken at the same time.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 659--A Bill to amend and reenact §15-2-20 of the Code of West Virginia, 1931, as amended, relating to increasing the relocation expense allotment for members of the West Virginia State Police when the transfer necessitates relocation of the member's family.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 660--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-1-9c, relating to inspections of individual water supply systems and individual wastewater systems; defining terms; providing for certification of inspectors; and requiring the Department of Health and Human Resources to propose legislative rules related to inspections and certifications.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 661--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-7-4b; and to amend and reenact §60-7-5 of said code, all relating to requiring a public hearing prior to the issuance of an initial license for a private club or upon the transfer of a license to a private club at a new location.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 662--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-5G-1 and §21-5G-2, all relating to prohibiting dismissing certain emergency workers under certain conditions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster, Hunter and White:
Senate Bill No. 663--A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-1-3 of said code, all relating to requiring the Commissioner of Public Health to conduct a public health impact statement assessing the health impact of any new air or water rule, or modification of an existing air or water rule, proposed by the Director of the Division of Environmental Protection; and requiring the Director of the Division of Environmental Protection to incorporate findings of the impact statement into the proposed rule.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 664--A Bill to amend and reenact §15-5-15 of the Code of West Virginia, 1931, as amended, relating to prohibiting convicted felons from being employed as homeland security or emergency service personnel; and requiring background checks.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Guills, Barnes and Hunter:
Senate Bill No. 665--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-19, relating to the Public Service Commission generally; placing a moratorium on construction and installation of wind power projects until adoption of rules by the Public Service Commission; and directing the Public Service Commission to promulgate rules.
Referred to the Committee on the Judiciary.
By Senators Foster, White, McCabe, Hunter, Dempsey, Kessler and Bowman:
Senate Bill No. 666--A Bill to amend and reenact §21-5D-4 and §21-5D-5 of the Code of West Virginia, 1931, as amended, all relating to allowing employees to use paid accumulated sick leave as paid family leave to care for a family member.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hunter, Dempsey, Harrison, McKenzie, Foster and Deem:
Senate Bill No. 667--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §54-1-13, relating to providing a procedure for selling property that was acquired for public use, by eminent domain or otherwise, when the use is abandoned; giving the original owner of the property, or the owner's successor in interest, the right to purchase the property; and providing that an interest, other than a fee simple interest, reverts to the original owner or the original owner's successor in interest.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senator Sprouse (By Request):
Senate Bill No. 668--A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to exempting state employees and officers from user fees imposed by a municipality that are required to be withheld by an employer from wages due an employee.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Sprouse (By Request):
Senate Bill No. 669--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5, §29- 3D-6, §29-3D-7, §29-3D-8 and §29-3D-9, all relating to regulating plumbers and fire protection workers to ensure these professionals are competent and that their respective work products are safe and meet minimum standards within the particular field of expertise; requiring plumbers and fire protection workers to be licensed; defining terms pertinent to the proposed legislation; providing certain exemptions to the requirement of a license; requiring the State Fire Marshal to make applications available to persons subject to the provisions of the proposed legislation in order to assess competency; providing for the payment of certain fees for certain licenses; setting forth the powers and duties of the Fire Marshal under the provisions of the proposed legislation; listing criteria to be considered in denying, suspending or revoking any license authorized under the provisions of the proposed legislation; setting forth criminal penalties for noncompliance with the provisions of the proposed legislation; and providing that no political subdivision of the state may mandate additional licensing requirements in addition to the requirements set forth in the proposed article.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster, Hunter and McKenzie:
Senate Bill No. 670--A Bill to amend and reenact §16-3-4 and §16-3-5 of the Code of West Virginia, 1931, as amended, all relating to providing medical and nonmedical exemptions from mandatory immunizations for school children; requiring parental or guardian affidavit of conscientious or religious belief; requiring parents and guardians to assert their beliefs in an affidavit and to present an affidavit affirming that they have completed an educational course regarding the risks and benefits of immunizations; providing that the affidavit be provided before the exemption may apply; providing for submission of affidavit to magistrate; providing for notification by magistrates; requiring the development of certain rules governing the magistrate review procedure; providing for the removal of students who are not immunized from school in times of emergency or epidemics; and providing that the Commissioner of the Bureau for Public Health may, by rule, add or delete diseases for which vaccines are required for school attendance and provide for the membership of the Immunization Advisory Committee.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 671--A Bill to amend and reenact §17-16A-13 of the Code of West Virginia, 1931, as amended, relating to notice and publication requirements for increase in the rate or amount of toll fixed, charged and/or collected by the parkways authority; requiring adherence to the Administrative Procedures Act; requiring public hearings; providing for promulgation of rules; and suspending the increase on tolls and reinstating the toll amount in effect on the thirty-first day of December, two thousand five.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 672--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-1-10, relating to requiring felons to report to sheriff when visiting a county courthouse; and providing criminal penalty for violation.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Prezioso, Minear, Hunter and Sprouse:
Senate Bill No. 673--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto fourteen new sections, designated §7-20-11, §7-20-12, §7-20-13, §7-20-14, §7-20- 15, §7-20-16, §7-20-17, §7-20-18, §7-20-19, §7-20-20, §7-20-21, §7- 20-22, §7-20-23 and §7-20-24, all relating generally to the Local Powers Act; giving counties plenary power and authority to impose, administer, collect and enforce payment of voter-approved service fees to pay for or finance cost of special infrastructure projects within their counties; defining certain terms; giving county commissions authority to issue revenue bonds to finance special infrastructure projects; and including authority to issue refunding bonds and to take other actions to finance and complete such projects as the county commission deems prudent or necessary.
Referred to the Committee on Finance.
By Senators Bailey, Unger, Plymale, Love, Foster, Helmick, Facemyer, Bowman, Jenkins, Sharpe, Fanning, Prezioso, White, Chafin, Minard, Hunter, Dempsey, Edgell and Kessler:
Senate Bill No. 674--A Bill to amend and reenact §11-21-16 of the Code of West Virginia, 1931, as amended, relating to providing personal exemptions for resident individual and married taxpayers in West Virginia.
Referred to the Committee on Finance.
By Senators Sprouse and Minear:
Senate Bill No. 675--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-5-17a, relating to providing that volunteer firefighters are permitted to take temporary leaves of absence from their employers for the purpose of attending fire training classes.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Prezioso, White, Bowman and Dempsey:
Senate Bill No. 676--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-56a, relating to establishing a bird dog training permit; providing requirements for bird dog training; providing rule-making authority; and providing civil and criminal penalties.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Guills:
Senate Bill No. 677--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2J-1, relating to prohibiting subsidies to entities that perform abortions.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Guills and Barnes:
Senate Bill No. 678--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to prohibiting a business or organization from performing abortions in a public facility; and providing penalty.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators McCabe and Minear:
Senate Bill No. 679--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13B-1, §33-13B-2, §33-13B-3, §33-13B-4, §33-13B-5 and §33-13B-6, all relating to qualified charitable gift annuities.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator McCabe:
Senate Bill No. 680--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-6A-15, relating to granting the Public Service Commission authority and responsibilities under the Single State Registration System and the Unified Carrier Registration System with regard to motor carriers operating in interstate commerce.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 681--A Bill to amend and reenact §29-22B-1101 and §29-22B-1102 of the Code of West Virginia, 1931, as amended, all relating to the reduction of video lottery terminals; limiting the number of permits that may be authorized; and providing for permits by fraternal societies and veterans' organizations.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 682--A Bill to amend and reenact §31E-8-802 of the Code of West Virginia, 1931, as amended, relating to requiring directors and members of the board of directors of nonprofit corporations to participate in at least three hours of training; responsibility of state agencies for training; and reimbursement for reasonable expenses.
Referred to the Committee on Government Organization.
By Senator Prezioso:
Senate Bill No. 683--A Bill to amend and reenact §49-7-33 of the Code of West Virginia, 1931, as amended, relating to expanding the definition of "services" relative to child welfare court proceedings to include nonhealth care-related services; providing for the payment of services rendered during court proceedings related to child welfare cases; and preventing nonapproved providers of services from seeking payments above the Medicaid rate or above the customary rate set by the Department of Health and Human Resources.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 684--A Bill to amend and reenact §48-10-502 of the Code of West Virginia, 1931, as amended, relating to grandparent visitation generally.
Referred to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 685--A Bill to amend and reenact §62-6B-3 of the Code of West Virginia, 1931, as amended, relating to expert opinions of licensed psychologists in treatment and evaluation of children; and taking testimony of a child witness through use of live two-way closed-circuit television.
Referred to the Committee on the Judiciary.
By Senators Love, Guills and Barnes:
Senate Bill No. 686--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-42-9, relating to providing that when, during the course of an abortion procedure, a fetus is aborted alive, all available medical means be utilized to preserve its life; and prescribing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 687--A Bill to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60-6-9 of said code, all relating to prohibiting open nonintoxicating beer and alcoholic beverage containers in passenger areas of motor vehicles; providing a penalty for violation; and making the state's laws applying to the use and possession of beer and alcoholic beverages in motor vehicles conform to federal law.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 688--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5, §8A-13-6, §8A-13-7, §8A-13-8, §8A-13-9, §8A-13-10, §8A-13-11, §8A-13-12, §8A-13-13, §8A-13-14, §8A-13-15, §8A-13-16, §8A-13-17, §8A-13-18 and §8A-13-19, all relating to voluntary wetland protection programs; providing legislative findings and purpose; providing for county wetland protection programs while authorizing wetland protection boards; authorizing county commissions to approve purchases of wetland easements; providing for required content of wetland protection programs; providing for wetland protection boards and the boards' powers and duties; establishing the West Virginia Wetland Protection Authority and prescribing its powers and duties; defining certain terms; setting forth methods of wetland protection; authorizing owners of wetlands to offer conservation and preservation easements; providing for the valuation of conservation and preservation easements; providing criteria to be used by county wetland protection boards and the authority for acquiring easements; prescribing various means for funding of wetland protection programs; and authorizing the Commissioner of Natural Resources to propose rules.
Referred to the Committee on Natural Resources; and then to the Committee on Agriculture.
By Senator Kessler:
Senate Bill No. 689--A Bill to amend and reenact §46A-6H-3 of the Code of West Virginia, 1931, as amended, relating to requiring court approval for certain structured settlement transfers; and enhancing protections for consumers.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 690--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §29-3D-1, §29-3D-2, §29-3D-3, §29-3D-4, §29-3D-5 and §29-3D-6, all relating to establishing a grant program for volunteer fire departments; providing for grant funding; defining certain terms and phrases; creating the Volunteer Fire Department Grant Program; providing for guidelines and procedures by legislative rule; providing for awards and grants; providing additional powers of State Fire Commission for administering the Volunteer Fire Department Grant Program; creating the State Fire Commission Volunteer Fire Department Project Fund to be maintained in the State Treasury; providing collections are to be paid into special fund; granting State Fire Commission authority to pledge the collections as security for refunding revenue bonds; and providing the commission authority to finance projects on a cash basis.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
At the request of Senator Plymale, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
By Senator Unger:
Senate Bill No. 691--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-42-1, §16-42-2, §16-42-3 and §16-42-4, all relating to establishing death review teams for elder abuse deaths and domestic abuse deaths.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Helmick:
Senate Bill No. 692--A Bill to amend and reenact §11-15-9d and §11-15-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15A-3d of said code; to amend and reenact §11-15B- 2, §11-15B-2a, §11-15B-13, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19, §11-15B-20, §11-15B-23, §11-15B-24, §11-15B-35 and §11- 15B-36 of said code; and to amend said code by adding thereto two new sections, designated §11-15B-2b and §11-15B-37, all relating generally to conforming West Virginia's consumers sales and use tax law to requirements of Streamlined Sales and Use Tax Agreement as amended; incorporating in this state's sales and use tax laws certain substantive provisions of agreement pertaining to definitions, administration, collection and enforcement of sales and use taxes; deleting obsolete language; making other technical changes; and specifying effective dates.
Referred to the Committee on Finance.
By Senator Tomblin (Mr. President):
Senate Bill No. 693--A Bill to repeal §14-2-18, §14-2-19 and §14-2-20 of the Code of West Virginia, 1931, as amended; and to amend and reenact §14-2-12, §14-2-13, §14-2-23 and §14-2-25 of said code, all relating to the Court of Claims; and removing procedures for review of certain claims that do not require approval by the Legislature before the claim is paid.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 694--A Bill to amend and reenact §11-15-9h of the Code of West Virginia, 1931, as amended, relating to providing an exemption for sales of high-technology business services by high-technology businesses; and removing the limitation on the application of the exemption to sales of such services directly used in the fulfillment of government contracts.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Hunter, Unger, Bailey, Sharpe, Minard and Jenkins:
Senate Bill No. 695--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f, relating to the establishment of a pilot project within the Public Employees Insurance Agency to offer state employees and retirees primary care, preventative care, wellness screens, chronic disease management and other services; setting forth selection criteria; providing for health screening of participants prior to participation; setting forth requirements for the health screen; providing for reimbursement for the testing; setting forth evaluation criteria of the program; and reporting to the Legislative Oversight Commission on Health and Human Resources Accountability.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 696--A Bill to amend and reenact §38-2-9 of the Code of West Virginia, 1931, as amended, relating to changing the filing time for a subcontractor's lien to one hundred days, rather than seventy-five days, to be consistent with the filing time for a mechanic's lien.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 697--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-1B-1 and §5A-1B-2, all relating to the West Virginia Managing for Results Act.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 698--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13W-1 and §11-13W-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the general education degree.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 699--A Bill to amend and reenact §15-2-33 of the Code of West Virginia, 1931, as amended; and to amend and reenact §15-2A-12 of said code, all relating to removing the cap on scholarship funds for surviving dependent children of certain deceased members of the West Virginia State Police.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Unger, Hunter, Foster and Chafin:
Senate Bill No. 700--A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to granting tuition waivers to the children and spouses of National Guard and active military duty personnel killed in the line of duty.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 701--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60-3A-3a; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course or other similar alcohol awareness education course provided or approved by the Alcohol Beverage Control Commissioner.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 702--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to authorizing municipalities to permit certain veterans to park free.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Unger, Foster, Chafin, White and Jenkins:
Senate Bill No. 703--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3-5a, relating to providing for immunization against influenza, virus and pneumococcal disease for elderly persons; defining certain terms and phrases; providing that certain hospitalized persons are informed of the availability of vaccination against the influenza; providing time frames to be vaccinated; providing it is the responsibility of the person administering a vaccination to determine whether an eligible person has already received a vaccination; and providing the Department of Health and Human Resources provide informational materials to hospitals and other facilities concerning vaccinations against influenza and pneumococcal disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 704--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5E-5a of said code, all relating to providing that correctional officers and juvenile corrections officers may retire with full benefits after twenty years of actual and honorable service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 705--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5H-1-1, §5H-1-2 and §5H-1-3, all relating to providing a death benefit to the families of firefighters, ambulance service or rescue squad members, law-enforcement officers or National Guard members who are killed in the performance of their duties.
Referred to the Committee on Finance.
By Senators Bailey and Weeks:
Senate Bill No. 706--A Bill to amend and reenact §8-6-4 of the Code of West Virginia, 1931, as amended, relating to annexation without an election by municipalities; requiring municipalities to prepare an analysis of impact of proposed annexation; requiring municipality considering annexation without an election to hold a public hearing; and providing that the question of whether territory proposed to be annexed conforms with certain criteria is reviewable by a circuit court in certain cases.
Referred to the Committee on Government Organization.
By Senator Kessler:
Senate Bill No. 707--A Bill to amend and reenact §5-10-24 of the Code of West Virginia, 1931, as amended, relating to retired public employee change of benefits after the death of a spouse.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Oliverio, Minear, Sprouse, Love, Boley, Facemyer, Sharpe, Minard, Fanning, Caruth and Barnes:
Senate Bill No. 708--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to requiring the West Virginia Secondary Schools Activities Commission to allow participation in interscholastic athletics and other extracurricular activities by students receiving home instruction.
Referred to the Committee on Education.
By Senator Bailey:
Senate Bill No. 709--A Bill to amend and reenact §6B-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-2-3, §8A-2-4 and §8A-2-5 of said code, all relating to members of planning commissions; allowing for the service of planning commission members who have businesses that appear before the planning commission under certain circumstances; and providing exceptions to limitations on practice before a planning commission.
Referred to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 710--A Bill to amend and reenact §33-6C-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-16B-1 of said code, all relating to allowing premiums for sickness and accident insurance to be based upon guaranteed loss ratios filed with the Insurance Commissioner.
Referred to the Committee on Banking and Insurance.
By Senator Sprouse:
Senate Bill No. 711--A Bill to amend and reenact §17B-3-6 of the Code of West Virginia, 1931, as amended, relating to providing that a driver in this state who is eighteen years of age or older may not have his or her license suspended or revoked under the Division of Motor Vehicles' point system unless the licensee has accumulated fifteen or more points within a period of one year.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 712--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-2F-1, §15-2F-2, §15-2F-3, §15-2F-4 and §15-2F-5, all relating to establishing a drug offender registry that can be accessed by the public.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 713--A Bill to amend and reenact §15-1B-21 of the Code of West Virginia, 1931, as amended, relating to providing that members of the West Virginia National Guard who are eligible to receive payments for tuition and fees to attend an institution of higher learning in West Virginia, but who are unable to take advantage of this benefit while they are deployed overseas, are eligible to receive payments for tuition and fees after discharge from military service as if they were still members of the West Virginia National Guard for a period of time equal to the amount of time they served on overseas deployment.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Sprouse:
Senate Bill No. 714--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-2-8a, relating to preventing municipal police officers from issuing traffic violations on an interstate highway unless the municipality has at least five miles of interstate highway running through its limits.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Unger, Helmick, Bailey, Hunter, McCabe and Edgell:
Senate Bill No. 715--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-27-3a, relating to creating a specialty license for shampoo assistant to be regulated by the Board of Barbers and Cosmetologists.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Caruth, Guills, Weeks, Sprouse, Barnes, Yoder, White and Fanning:
Senate Bill No. 716--A Bill to amend and reenact §17-16A-26 of the Code of West Virginia, 1931, as amended, relating to an annual legislative audit of the parkways authority; and requiring the parkways authority to provide certain information.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators White, Foster, McCabe and Love:
Senate Bill No. 717--A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, for the fiscal year ending the thirtieth day of June, two thousand six, to West Virginia University Institute of Technology, fund 479, all supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand six.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 718--A Bill to amend and reenact §15-2A-6, §15-2A-9, §15-2A-10 and §15-2A-12 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement System; lowering the normal retirement age; and eliminating any reduction in the benefit of a State Police officer who is disabled on the job.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 719--A Bill to amend the Code of West Virginia, 1931, as amended, 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, §11-28-21, §11-28-22, §11-28-23, §11-28-24, §11-28-25, §11-28-26, §11-28-27 and §11-28-28, all relating to establishing the First-Class Cities Economic Development District Act; and providing tax credits to businesses which invest in renovating deteriorated property in cities.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Plymale, White and Jenkins:
Senate Bill No. 720--A Bill to repeal §18B-2-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-6 of said code; to amend said code by adding thereto a new article, designated §18B-1C-1, §18B-1C-2, §18B-1C-3, §18B-1C-4 and §18B-1C-5; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-3C-8 of said code; to amend said code by adding thereto a new section, designated §18B-3C-13; and to amend and reenact §18B-6-1 and §18B-6-1a of said code, all relating to higher education generally; higher education governance; West Virginia Institute of Technology; adding and clarifying definitions; clarifying procedure for approval of rules for certain state institutions of higher education; providing for appointment of certain institutional presidents; designating Community and Technical College of Shepherd as Blue Ridge Community and Technical College; providing legislative findings, intent and purpose; providing for continuance of certain state institutions of higher education and establishing certain governing board; providing for transfer of real and other property, orders, resolutions, rules and obligations to certain board of governors; requiring division of assets and liabilities by date certain and providing for resolution of disputes; requiring provision of certain services in certain circumstances; creating West Virginia Consortium for Undergraduate Research and Engineering; membership; purpose; requiring development of collaborative engineering strategic plan; requiring report by date certain; and making technical corrections and repealing obsolete provisions.
Referred to the Committee on Education.
By Senator Unger:
Senate Bill No. 721--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all relating to enacting the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee interest in real property and conservation or preservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency; and addressing its administration, applicability, limitations and renewal.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 722--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §38-1-4a, relating to providing a statute of limitations for sales by a trustee.
Referred to the Committee on the Judiciary.
By Senators McCabe, Bailey, Love, Barnes, Caruth, Lanham, Sprouse and Facemyer:
Senate Bill No. 723--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-3-10, relating to the termination of water services for delinquent sewer bills.
Referred to the Committee on the Judiciary.
By Senators Bowman and Dempsey:
Senate Bill No. 724--A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law- enforcement powers and duties of conservation officers; and procuring and executing arrest and search warrants on certain lands and waters.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Bailey, Helmick, Facemyer, Plymale, McCabe, Barnes and White:
Senate Bill No. 725--A Bill to amend and reenact §20-3-11 of the Code of West Virginia, 1931, as amended, relating to permitting the Director of the Division of Forestry to recover costs incurred in fighting forest fires.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Unger, Hunter and Foster:
Senate Bill No. 726--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-1B-27, relating to creating a fund to reimburse group life insurance premiums paid by members of the National Guard in exchange for and in recognition of their assumption of extended periods of active duty in combat areas; establishing a Service Members' Life Insurance Reimbursement Fund in the State Treasury; requiring promulgation of emergency rules; and providing for appropriations to the fund.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Unger, Oliverio and Barnes:
Senate Bill No. 727--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to compensating state troopers for off-duty time when they are required to be on standby to be called back to work.
Referred to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 728--A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to enhanced emergency telephone system requirements; requiring an investigation on character and criminal background to be conducted on certain persons to be employed in an emergency dispatch center; prohibiting persons with felony convictions from holding certain positions; requiring both prospective and retroactive application; and providing that current employees not in compliance are to be removed from certain positions.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 729--A Bill to amend and reenact §11-21-4e of the Code of West Virginia, 1931, as amended, relating to providing a reduction of the state personal income tax of members of volunteer fire departments who meet certain qualified service requirements.
Referred to the Committee on Finance.
By Senators Sprouse and Guills:
Senate Bill No. 730--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §36-1-25, relating to limiting the time an heir to real estate has to challenge a transfer of the real estate.
Referred to the Committee on the Judiciary.
By Senators Kessler and Hunter:
Senate Bill No. 731--A Bill to amend and reenact §18-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1 and §18A-3-1a of said code; to amend and reenact §18A-4-1, §18A-4-4 and §18A-4-8 of said code; to amend and reenact §18B-1B-4 of said code; to amend and reenact §18B-2B-6 of said code; to amend and reenact §18C-6-2 of said code; to amend and reenact §18C-7-3 of said code; and to amend and reenact §30-32-17 of said code, all relating to clarification of eligibility for teaching certification for graduates of accredited institutions of higher education; and alleviating the shortage of certified teachers in West Virginia.
Referred to the Committee on Education.
By Senator Harrison:
Senate Bill No. 732--A Bill to amend and reenact §11-21-15 of the Code of West Virginia, 1931, as amended, relating to creating the West Virginians Give Act which authorizes West Virginia resident taxpayers to make deductions for charitable gifts on their personal income tax returns.
Referred to the Committee on Finance.
By Senator Harrison:
Senate Bill No. 733--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-21a, relating to personal income tax; and providing a fifty-dollar tax credit for each dependent child of the taxpayer having an adjusted gross federal income tax of less than one hundred thousand dollars.
Referred to the Committee on Finance.
By Senator Harrison:
Senate Bill No. 734--A Bill to amend and reenact §48-2-104 and §48-2-202 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §48-2A-101, §48-2A-102, §48-2A-103, §48-2A-104, §48-2A-105, §48-2A-106, §48-2A-107, §48-2A-108, §48-2A-109 and §48-2A-110, all relating to marriages; establishing covenant marriages; providing for divorce and separation from bed and board in a covenant marriage; and requiring the Attorney General to prepare and publish a pamphlet concerning covenant marriages.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 735--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-10-1, §9-10-2, §9-10-3 and §9-10-4, all relating to the coordination of transportation needs of the transportation disadvantaged; creating a Transportation Coordinating Council within the Department of Health and Human Resources' Division of Human Services; establishing its membership, responsibilities and reporting requirements; and requiring the use of public transit systems under certain circumstances.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Plymale:
Senate Bill No. 736--A Bill to amend and reenact §5A-6-1, §5A- 6-2, §5A-6-4, §5A-6-5 and §5A-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §5A-6-4a, §5A-6-4b and §5A-6-9, all relating to the duties of the Chief Technology Officer.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Prezioso and Unger:
Senate Bill No. 737--A Bill to amend and reenact §25-1-11d of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-5E-5a of said code, all relating to providing a two thousand eight-dollar salary increase for each employee of the Division of Corrections and the Division of Juvenile Services.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Helmick, Unger, Kessler, Hunter, Jenkins and Minard:
Senate Bill No. 738--A Bill to amend and reenact §4-11A-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5A-3-37 of said code; to amend and reenact §11-17-3 of said code; to amend said code by adding thereto a new section, designated §11- 21-10b; to amend said code by adding thereto a new section, designated §11-24-9d; to amend and reenact §16-9A-5 of said code; to amend said code by adding thereto two new sections, designated §16-9A-1a and §16-9A-6; and to amend said code by adding thereto a new article, designated §33-16F-1, §33-16F-2, §33-16F-3, §33-16F-4, §33-16F-5 and §33-16F-6, all relating to funding programs to discourage use of tobacco at levels recommended by the Centers for Disease Control and Prevention out of the West Virginia Tobacco Settlement Medical Trust Fund; giving preference to employers who offer health insurance benefits to employees in state bidding procedure; allowing a credit against corporate and personal income tax for employers who provide exercise facilities and smoking cessation programs to their employees; relating to advertisement of tobacco products; defining terms; banning the advertisement of tobacco products at certain events; limiting brand-name sponsorship of certain events; creating exceptions; authorizing enforcement through the office of the Attorney General; providing for awards of attorneys fees and costs; requiring health insurance plans to cover the cost of smoking cessation services for its covered people.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 739--A Bill to amend and reenact §49-1-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6-2 and §49-6-5 of said code, all relating to child abuse and neglect; and effectuating "battered parent" finding in appropriate cases of domestic violence.
Referred to the Committee on the Judiciary.
By Senators Love and White:
Senate Bill No. 740--A Bill to amend and reenact §18B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1A-2 of said code; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-1C-1 and §18B-1C-2 of said code; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-3-1 and §18B-3-3 of said code; to amend and reenact §18B-3C-4 of said code; to amend and reenact §18B-6-1 and §18B-6-1a of said code; to amend and reenact §18B-8-1 of said code; and to amend and reenact §18B-10-1 of said code, all relating to changing West Virginia University Institute of Technology to the West Virginia Institute of Technology;making it an independent institution; and continuing administrative link between the Community and Technical College at West Virginia Institute of Technology and the West Virginia Institute of Technology.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 741--A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as amended, relating to providing a legislative finding that it may be in the best interests of public utility consumers to allow public utilities to enter contracts which allow the payment of capital costs of expansions or new construction of public utility facilities in exchange for reservations of capacity in these new facilities.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Jenkins, Dempsey, Minard, Unger, Caruth, Harrison and Yoder:
Senate Bill No. 742--A Bill to repeal §46-1-109, §46-1-207 and §46-1-208 of the Code of West Virginia, 1931, as amended; to repeal §46-2-208 of said code; to repeal §46-2A-207 of said code; to amend and reenact §46-1-101, §46-1-102, §46-1-103, §46-1-104, §46-1-105, §46-1-106, §46-1-107, §46-1-108, §46-1-201, §46-1-202, §46-1-203, §46-1-204, §46-1-205 and §46-1-206 of said code; to amend said code by adding thereto ten new sections, designated §46-1-301, §46-1- 302, §46-1-303, §46-1-304, §46-1-305, §46-1-306, §46-1-307, §46-1- 308, §46-1-309 and §46-1-310; to amend and reenact §46-2-103, §46- 2-104, §46-2-202, §46-2-310, §46-2-323, §46-2-401, §46-2-503, §46-2-505, §46-2-506, §46-2-509, §46-2-605 and §46-2-705 of said code; to amend and reenact §46-2A-103, §46-2A-501, §46-2A-514, §46- 2A-518, §46-2A-519, §46-2A-526, §46-2A-527 and §46-2A-528 of said code; to amend and reenact §46-3-103 of said code; to amend and reenact §46-4-104 and §46-4-210 of said code; to amend and reenact §46-4A-105, §46-4A-106 and §46-4A-204 of said code; to amend and reenact §46-5-103 of said code; to amend and reenact §46-7-101, §46-7-102, §46-7-103, §46-7-104, §46-7-105, §46-7-201, §46-7-202, §46-7-203, §46-7-204, §46-7-205, §46-7-206, §46-7-207, §46-7-208, §46-7-209, §46-7-210, §46-7-301, §46-7-302, §46-7-303, §46-7-304, §46-7-305, §46-7-306, §46-7-307, §46-7-308, §46-7-309, §46-7-401, §46-7-402, §46-7-403, §46-7-404, §46-7-501, §46-7-502, §46-7-503, §46-7-504, §46-7-505, §46-7-506, §46-7-507, §46-7-508, §46-7-509, §46-7-601, §46-7-602 and §46-7-603 of said code; to amend said code by adding thereto three new sections, designated §46-7-106, §46-7- 701 and §46-7-702; to amend and reenact §46-8-102 and §46-8-103 of said code; and to amend and reenact §46-9-102, §46-9-203, §46-9- 207, §46-9-208, §46-9-301, §46-9-310, §46-9-312, §46-9-313, §46-9- 314, §46-9-317, §46-9-338 and §46-9-601 of said code, all relating to revising the Uniform Commercial Code, articles one and seven; and conforming amendments to other articles.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Jenkins, Unger and Hunter:
Senate Bill No. 743--A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to the gradual elimination of the consumers sales and service tax on food and food ingredients intended for human consumption.
Referred to the Committee on Finance.
By Senators Facemyer, Bailey and McKenzie:
Senate Bill No. 744--A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services that are exempt from the payment of the state consumers sales and service tax.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman and Prezioso:
Senate Bill No. 745--A Bill to amend and reenact §16-2D-5a of the Code of West Virginia, 1931, as amended, relating to authorizing certain qualifying nursing homes to obtain a certificate of need for up to five additional beds.
Referred to the Committee on Health and Human Resources.
By Senator Bailey:
Senate Bill No. 746--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-10-11, relating to authorizing the Administrator of the Supreme Court to oversee bail bondsmen; and promulgation of rules if needed.
Referred to the Committee on the Judiciary.
By Senators Hunter, Bailey and Sharpe:
Senate Bill No. 747--A Bill to amend and reenact §17C-15-44 of the Code of West Virginia, 1931, as amended, relating to eliminating the requirement that motorcycle riders wear helmets.
Referred to the Committee on Transportation and Infrastructure.
By Senator Prezioso:
Senate Bill No. 748--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to reducing state income tax for state correctional officer retirees and juvenile services retirees by exempting state correctional officers' and juvenile services retirees' retirement income from the federal adjusted gross income for calculating adjusted gross income for state income tax purposes.
Referred to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 749--A Bill to repeal §49-2B-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-2B-1, §49-2B-2, §49-2B-3, §49-2B-4, §49-2B-5, §49-2B-6, §49-2B-7, §49-2B-8, §49-2B-9, §49-2B-10, §49-2B-11, §49-2B-12, §49-2B-13, §49-2B-14, §49-2B-16 and §49-2B-17 of said code, all relating to prescribing and modifying the duties of the Secretary of the Department of Health and Human Resources in child welfare placement; modifying requirements related to child care placement in certain homes or facilities; updating statutory language; and repealing the section of the code concerning the establishment of pilot day care programs.
Referred to the Committee on Health and Human Resources.
By Senator Kessler:
Senate Bill No. 750--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-26, relating to limited expungement of certain criminal records.
Referred to the Committee on the Judiciary.
By Senators Yoder, Hunter, Oliverio and Unger:
Senate Bill No. 751--A Bill to amend and reenact §18B-2A-4 of the Code of West Virginia, 1931, as amended, relating to eligibility of certain higher education employees to serve in the Legislature.
Referred to the Committee on Education; and then to the Judiciary.
By Senators McCabe, Foster, Sharpe, Minard and White:
Senate Bill No. 752--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-11B-1, §18B-11B-2, §18B-11B-3, §18B-11B-4, §18B- 11B-5 and §18B-11B-6, all relating to continuing the statewide poison center generally; setting forth legislative findings; providing for the continuation of the poison center as the West Virginia Poison Control Center; requiring certification; establishing an advisory board; providing for an annual report; setting forth certain responsibilities of the West Virginia Poison Control Center; setting forth certain powers and responsibilities of the director of the center; and providing for general immunity for the center and its employees for actions taken in good faith.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Hunter, Helmick, Minear and Barnes:
Senate Bill No. 753--A Bill to extend the time for the county commission of Grant County, West Virginia, to meet as a levying body until the third Tuesday in May, two thousand six.
Referred to the Committee on Government Organization.
By Senator Minard:
Senate Bill No. 754--A Bill to amend and reenact §33-22-7 and §33-22-8 of the Code of West Virginia, 1931, as amended, all relating to farmers' mutual fire insurance companies; clarifying that certain requirements for the filing of fire and marine policies apply to farm mutual insurance companies; clarifying types of policies that all such companies may issue; describing types of policies of liability insurance for which an extension of a license must be obtained; permitting commissioner to limit duration of such license extensions; and establishing criteria by which farm mutual insurance companies must demonstrate that they serve underserved areas.
Referred to the Committee on Banking and Insurance.
By Senators McCabe, Oliverio and Minard:
Senate Bill No. 755--A Bill to amend and reenact §33-20F-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §55-7B-2 of said code, all relating to medical professional liability insurance; clarifying the ability of the West Virginia Physician's Mutual Insurance Company to decline or refuse to renew insurance policies transferred to the company from the Board of Risk and Insurance Management upon the expiration of the terms of the policies so transferred; describing the criteria according to which the company may classify, rate and price policies of insurance; describing the criteria according to which the company may elect to underwrite or decline to underwrite insurance coverage; and establishing basic requirements and minimum standards for physician self-funded insurance arrangements to qualify as medical professional liability insurance for purposes of said article.
Referred to the Committee on Banking and Insurance.
By Senators McCabe, Oliverio, Hunter, Barnes, Foster, Bailey and Yoder:
Senate Bill No. 756--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-5-19, relating to establishing a program to inventory all emissions, reductions and carbon sequestrations of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; providing public recognition of voluntary reduction or avoidance of greenhouse gases; and providing consideration of the reductions under future federal greenhouse gas emission reduction programs.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Caruth, Guills, Weeks, Sprouse, Barnes and Yoder:
Senate Bill No. 757--A Bill to repeal §17-16A-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-16A- 1, §17-16A-3, §17-16A-4, §17-16A-5, §17-16A-6, §17-16A-7, §17-16A- 8, §17-16A-9, §17-16A-10, §17-16A-11, §17-16A-12, §17-16A-13, §17- 16A-15, §17-16A-16, §17-16A-17, §17-16A-18, §17-16A-18a, §17-16A- 20, §17-16A-21, §17-16A-22, §17-16A-23, §17-16A-25, §17-16A-26, §17-16A-27 and §17-16A-29 of said code, all relating to dissolution of the West Virginia Parkways, Economic Development and Tourism Authority; and providing for the transfer of powers over to the Secretary of the Department of Transportation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Love, Foster and Hunter:
Senate Bill No. 758--A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of contiguously connected real property from valuation and assessment as natural resources property; defining "small property owner"; and extending the exemption for an owner or owners of two or more tracts of contiguously connected real property of one hundred acres or less.
Referred to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 759--A Bill to amend and reenact §5-22A-1 and §5-22A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17-2D- 1, §17-2D-2, §17-2D-3, §17-2D-4, §17-2D-5, §17-2D-6, §17-2D-7, §17- 2D-8, §17-2D-9 and §17-2D-10, all relating to the Highway Design-Build Procurement Act; defining certain terms; creating a Design-Build Selection Committee and setting forth duties; listing requirements for approval of design-build projects; requiring monthly progress reports on design-build projects; requiring annual reports; revising authority to propose certain rules and requirements; establishing requirements for issuing invitations for bid; certification of prequalification of design-builder; and bidding process.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators White and Hunter:
Senate Bill No. 760--A Bill to amend and reenact §22A-9-1 of the Code of West Virginia, 1931, as amended, relating to providing that a former director of the West Virginia University School of Mines may be selected to serve on the Mine Inspectors' Examining Board.
Referred to the Committee on Energy, Industry and Mining.
By Senators White and Hunter:
Senate Bill No. 761--A Bill to amend and reenact §22A-2-37 of the Code of West Virginia, 1931, as amended, relating to providing that personnel carriers or trip cars used to transport miners to a working section must be maintained at the working section and must have sufficient capacity to transport all miners out of the working section in the event of an emergency.
Referred to the Committee on Energy, Industry and Mining.
By Senator Bowman:
Senate Bill No. 762--A Bill to amend and reenact §30-4-4 of the Code of West Virginia, 1931, as amended, relating to modifying the composition of the Board of Dental Examiners; and making stylistic changes.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Oliverio, Foster and Bailey:
Senate Bill No. 763--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-20; and to amend and reenact §16-4C-3 of said code, all relating to nonemergency vehicle transportation; defining terms; requiring Medicaid preauthorization for nonmedical transports; and providing for appeals, recoupment of payments and cancellation of prior authorizations.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Unger and Bailey:
Senate Bill No. 764--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-32-1, §19-32-2, §19-32-3, §19-32-4, §19-32-5, §19-32-6, §19-32-7, §19-32-8, §19-32-9, §19-32-10, §19-32-11 and §19-32-12, all relating to the 2020 Rural West Virginia Agricultural and Resource-Based Industry Development Act generally.
Referred to the Committee on Agriculture; and then to the Committee on Finance.

By Senators Chafin and Sharpe:

Senate Bill No. 765-A Bill to amend and reenact §18A-4-8 of the Code of West Virginia, 1931, as amended, relating to prohibiting boards of education from requiring bus operators and transportation aides from starting their respective workdays other than at a board-owned facility.
Referred to the Committee on Education.
By Senator Bowman:
Senate Bill No. 766--A Bill to amend and reenact §48-26-401 of the Code of West Virginia, 1931, as amended, relating to the Family Protection Services Board generally; providing for criminal background checks on licensees and employees of programs receiving funding from the board; and providing for assessment of a fee for the background check.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bowman, Hunter and Minard:
Senate Bill No. 767--A Bill to amend and reenact §21A-2-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Commissioner of the Bureau of Employment Programs generally; and providing that the commissioner may revoke the business registration certificate of an employer in default.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 768--A Bill to amend and reenact §30-31-5 of the Code of West Virginia, 1931, as amended, relating to the Board of Examiners in Counseling generally; providing for criminal background checks on licensees; and providing for assessment of a fee for the background check.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bowman, Unger and Chafin:
Senate Bill No. 769--A Bill to amend and reenact §22C-3-6 of the Code of West Virginia, 1931, as amended, relating to providing for recouping part of the cost of cleaning up illegal solid waste dumps by the Solid Waste Management Board; providing for the establishment of criteria for county and regional solid waste authority share; and requiring county and regional solid waste authorities to contribute.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bowman, Bailey and Minard:
Senate Bill No. 770-A Bill to amend and reenact §30-14A-1 of the Code of West Virginia, 1931, as amended, relating to the required number of continuing education hours for osteopathic physician assistants; and clarifying that written documentation satisfactory to the board of the completion of twenty hours of continuing education hours in the preceding two-year period is the applicable requirement.
Referred to the Committee on Government Organization.
By Senators Love, Bailey, Bowman, Foster, Sharpe, Dempsey, Hunter, White, Minard, Plymale, Prezioso, Unger, Edgell, Guills, Deem, Facemyer, McKenzie, Lanham, Minear and Oliverio:
Senate Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, amending section three, article IX thereof, relating to allowing citizens to vote upon extending the terms for the office of sheriff to three consecutive four-year terms and eliminating the provision that if a sheriff serves any portion of a term, it counts as one of the terms towards the term limit; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Sprouse, Barnes, Minear, Guills, Weeks, Facemyer and Caruth:
Senate Joint Resolution No. 15-- Proposing an amendment to the Constitution of the State of West Virginia, amending section one, article VI thereof; amending section two, article XIV thereof; and amending said Constitution by adding thereto a new article, designated article XV, all relating to the legislative powers held by the people of the State and the Legislature; power of the registered voters and power of the Legislature to propose amendments to said Constitution; reservation by and to the people and registered voters of this State the powers of initiative and referendum at all levels of government in this State; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Yoder, Sprouse, McKenzie and Barnes:
Senate Joint Resolution No. 16--Proposing an amendment to the Constitution of the State of West Virginia, amending section thirty-six, article VI thereof, relating to gambling; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 21, 2006, at 11 a.m.
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