WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-SEVENTH LEGISLATURE

REGULAR SESSION, 2006

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 22, 2006

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

Prayer was offered by the Reverend Greg Moore, Marlinton Presbyterian Church, Marlinton, West Virginia.
Pending the reading of the Journal of Tuesday, February 21, 2006,
On motion of Senator Unger, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4116--A Bill to amend and reenact º20-1-7 of the Code of West Virginia, 1931, as amended, relating to increasing the amount of timber that can be sold on state Wildlife Management Areas, without sealed bids, from five hundred dollars to five thousand dollars.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4283--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended, relating to providing a preference to West Virginia veterans in the awarding of state contracts in the competitive bidding process.
Referred to the Committee on Military; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4470--A Bill to amend and reenact §33-16- 3d of the Code of West Virginia, 1931, as amended, relating to updating the definition of "Medicare supplement policy".
Referred to the Committee on Banking and Insurance.
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. 46--Requesting the Division of Highways name the bridge spanning the Guyandotte River, currently referred to as the "Henlawson Thru Truss Bridge", located on County Route 12/4 at milepost 0.05 the "Robert T. (Bob) Carper Vietnam Veteran Bridge".
Whereas, Among his many endeavors and activities in life, Robert T. "Bob" Carper was a devoted citizen, soldier, husband, father, active veteran and Christian; and
Whereas, From March 1965 to March 1969, he unselfishly and courageously served as a United States Marine for two tours of duty in Vietnam, achieving and being honored with the Navy Achievement Medal with Combat "V" for service, the Combat Action Ribbon for service in Vietnam, the Presidential Unit Citation awarded to the 3rd Marine Division for Service in Vietnam, the Navy Unit Commendation awarded to Task Force Yankee for service in Vietnam, the National Defense Service Medal, the Vietnam Service Medal with one silver star, the Republic of Vietnam Meritorious Unit Citation for gallantry under fire and the Republic of Vietnam Campaign Medal; and
Whereas, Robert T. "Bob" Carper was a life member of the Vietnam Veterans of America, Norman R. Miller Chapter, where he served variously as first Vice President and Treasurer; and
Whereas, Robert T. "Bob" Carper was absolutely dedicated to veterans' causes, routinely working tirelessly to promote and advance worthwhile endeavors on behalf of veterans. A sampling of his many veteran-related activities included bringing the Traveling Vietnam Memorial to Logan, maintaining the Veterans Memorial Doughboy statue in Logan in an honored fashion and working with the Huntington Veterans Administration Hospital and the regional Office of Veterans Affairs in hosting a "stand down" in an effort to secure health care benefits as well as the basic necessities of food and clothing for homeless veterans; and
Whereas, The passing of this tireless and dedicated veteran's life from the earthly bonds of this world leaves behind a proud and distinguished legacy upon which family and friends may find solace, and from which fellow veterans and fellow citizens will find an example worthy of emulation; and
Whereas, As a small token of this collective legislative body's gratitude and recognition for this dedicated soldier and veteran's good works and patriotic spirit, it is hereby decreed that the Division of Highways shall name the bridge spanning the Guyandotte River, currently referred to as the "Henlawson Thru Truss Bridge", located on County Route 12/4 at milepost 0.05, the "Robert T. (Bob) Carper Vietnam Veteran Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge currently referred to as the "Henlawson Thru Truss Bridge", located on County Route 12/4 at milepost 0.05, the "Robert T. (Bob) Carper Vietnam Veteran 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 "Robert T. (Bob) Carper Vietnam Veteran 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 Transportation, the Commissioner of the Division of Highways and the family of Mr. Carper, including his wife Sandy, his two sons, Tom of St. Albans and Jason of Carmel, California, and his daughter, Leah Carper of Henlawson, and the Vietnam Veterans of America, Norman R. Miller Chapter.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 70, Expanding Children's Health Insurance Program coverage.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 70) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Senate Bill No. 166, Restructuring Parole Board.
Now on third reading, having been referred to the Committee on Finance on February 14, 2006;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 170, Creating Health Information Network.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 170 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29G-1, §16-29G-2, §16-29G-3, §16-29G-4, §16-29G-5, §16-29G-6, §16-29G-7 and §16-29G-8, all relating to the establishment of the West Virginia Health Information Network; establishing the purpose of the network; setting up a board of directors; establishing the membership of the board; terms of office of the board; permitting promulgation of legislative rules; establishing the powers and duties of the network; setting up a special revenue account; immunity from liability; property rights; dispute resolution; and confidentiality and privacy of records.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 243, Relating to banks' self-ownership of stock.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 243 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §31A-8-5 of the Code of West Virginia, 1931, as amended, relating to allowing banks to own shares of their own stock in certain circumstances.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 367, Increasing membership of Family Protection Services Board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 367 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §48-26-301 of the Code of West Virginia, 1931, as amended, relating to the Family Protection Services Board generally; and increasing the number of members on the board from five to seven.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 367), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 426, Relating to contractors' employment of certain unauthorized workers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 426 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-11-13a, relating to penalties for employment or use of unauthorized workers by contractors or subcontractors; empowering the commissioner and board to issue injunctions for violations; and providing for suspension and permanent revocation of licenses and fines.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 438, Regulating title insurance rates.
And,
Eng. Com. Sub. for House Bill No. 4063, Expanding the authority of the Commissioner of Banking concerning use of certain banking terms in connection with the name of a business.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 497, Repealing requirement nonresidents post security for court costs.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 509, Clarifying automobile franchise law.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 509 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17A-6A-3, §17A-6A-4, §17A-6A-8, §17A-6A-8a, §17A-6A-10 and §17A-6A-15 of the Code of West Virginia, 1931, as amended, all relating generally to automobile franchise law; relationship of automobile dealers, distributors and manufacturers; providing clarification that material breach is required for good cause for cancellation of dealer contract; providing factors to be considered for dealer and public interest in cancellation of dealer contract; providing for compensation to a dealer from a manufacturer when a brand or line is phased out; expanding and clarifying prohibited practices; clarifying prohibited coercive acts when requiring a dealer enter into an agreement; adding requirement that manufacturers and distributors use fair and reasonable performance standards that are statistically sound and verifiable; exception for volume purchases; prohibiting manufacturers and distributors from requiring facility upgrades as a condition of offering certain vehicle models; requiring manufacturer or distributor responsibility for all damage to vehicles prior to dealer taking possession; and providing for payment of reasonable expenses for professional services by the manufacturer or distributor prior to the exercise of a first right of refusal.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 567, Creating Energy Policy and Development Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 567 (originating in the Committee on Finance)--A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B- 2A-1, §5B-2A-3 and §5B-2A-4 of said code; to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new chapter, designated §5H-1- 1, §5H-1-2 and §5H-1-3; and to amend and reenact §22-3A-7 of said code, all relating to the creation of the Division of Energy within the Department of Commerce; charging the Division of Energy to develop energy policies; placing the Office of Coalfield Community Development within the Division of Energy; creating the position of the Executive Director of the Division of Energy; charging the Executive Director of the Division of Energy to administer functions of the West Virginia Public Energy Authority; providing the executive director acts under the authority of the Secretary of Commerce; providing the executive director has authority over the Office of Coalfield Community Development and the energy efficiency program of the West Virginia Development Office; providing the Public Energy Authority, the Office of Coalfield Community Development, executive director and other public agencies develop an energy policy and development plan and seek public input thereof; providing the executive director is a nonvoting member of the Public Energy Authority; requiring the submission of an energy policy and development plan to the Governor and Joint Committee on Government and Finance; setting forth the matters to be addressed in the energy policy and development plan; providing that the executive director shall prepare an energy use database; providing that the executive director shall promote initiatives to enhance the nation's energy security; providing that the executive director shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of emergency, inoperativeness or disaster; providing a termination date for the Division of Energy; and providing funding for the Division of Energy.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 571, Relating to National Guard pay.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 571 (originating in the Committee on Military)--A Bill to amend and reenact §15-1B-16 of the Code of West Virginia, 1931, as amended, relating to the National Guard generally; and increasing the base pay of members of the National Guard while in active service to the state.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 571), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 588, Establishing Commission for Drug-Free West Virginia.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 616, Establishing regulated consumer lenders' reporting requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 616 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated consumer lenders; and providing safeguards for nonpublic personal information that consumers disclose to regulated consumer lenders.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 616), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 619, Relating to Physicians' Mutual Insurance Company board member's term.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 752, Continuing poison control center.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 756, Creating net greenhouse gas inventory.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Sharpe, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 760, Allowing former WVU School of Mines' Director serve on Mine Inspectors' Examining Board.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
William R. Sharpe, Jr.,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 772 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 5Q-4, relating to subrogation rights of the Department of Health and Human Resources on behalf of the James "Tiger" Morton Catastrophic Illness Commission from personal insurance or other sources; legal assignment of rights; setting forth effect of subrogation; allowing action for compensatory damages; notice to the Department of Health and Human Resources of intent to enter judgment, award or settlement; giving the Department of Health and Human Resources right to assert interest through assignment; and providing for attorney fees.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 773 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-2D-1, §16-2D-5, §16-2D- 6 and §16-2D-9 of the Code of West Virginia, 1931, as amended, all relating to certificate of need standards; establishing standards for and guidance to the Health Care Authority in making amendments and modifications to certificate of need standards; setting forth factors for consideration in amending or modifying certificate of need standards and rules; identifying sources for consideration in amending or modifying certificate of need standards and methodologies; providing that applications for a certificate of need may be made subject to criteria contained in certificate of need standards; providing that decisions may be made by the Health Care Authority on applications for certificate of need standards based upon a review conducted in accordance with certificate of need standards; and clarifying the certificate of need standards are not subject to legislative rulemaking.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 773) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 774 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-1-2, §22-1-6, §22-1-7 and §22-1-8 of the Code of West Virginia, 1931, as amended, all relating to the organization of offices within the Department of Environmental Protection; and defining certain terms.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Government Organization.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 774) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Government Organization.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4019, Relating to the preparation and distribution of a digest or summary of the budget bill.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Unger, McCabe and Jenkins offered the following resolution:
Senate Concurrent Resolution No. 47-
Requesting the Joint Committee on Government and Finance study current and future highway financing.
Whereas, Funding for the Division of Highways has not increased relative to the cost of inflation; and
Whereas, This situation has limited the ability of the Division of Highways to maintain the State of West Virginia's highway system and to develop and construct new highways which are essential for the economy of the state; and
Whereas, The State of West Virginia may be the recipient of additional federal funding in the near future which would require the Division of Highways to provide additional matching state funding over and above what is normally allocated; and
Whereas, A variety of highway authorities have been created by legislative acts to promote and secure funding for the construction of various roadways throughout the state; and
Whereas, The funding sources available to meet the needs of the Division of Highways are limited; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current and future highway financing; and, be it
Further Resolved, That the Joint Committee on Government and Finance review and examine the abilities of local government and various highway authorities in providing funding options over and above that of the Division of Highways; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators Hunter and McCabe offered the following resolution:
Senate Concurrent Resolution No. 48-
Requesting the Joint Committee on Government and Finance study the siting of windmills used to generate electricity.
Whereas, In recent years, there has been tremendous growth in businesses involved in producing energy through wind power harnessed by huge windmills; and
Whereas, In order for these windmills to be economically efficient and effective, they must be located in areas in which the prevailing wind is sufficient to provide continuous power to generate electricity; and
Whereas, In West Virginia, the best locations for these windmills are on the high ridges of the Allegheny Mountains, sometimes encroaching on wildlife habitats, flyways and scenic views; and
Whereas, There are no clear guidelines to ensure that windmill businesses seeking to establish wind farms in this state have sufficient resources to complete projects, reduce negative impacts on the environment and are economically sustainable; and
Whereas, There is a need to review all aspects of the development of wind farms to determine how this relatively new energy source may be properly regulated to ensure economic viability, reduce environmental impacts and protect other uses while, at the same time, benefitting the economy of local communities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the siting of windmills used to generate electricity; and, be it
Further Resolved, That the study should include, but not be limited to, the impact on the scenic areas of the state, wildlife habitat, competing uses of the land involving recreation, hunting and tourism, and local government taxes and revenue policies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senator Hunter offered the following resolution:
Senate Concurrent Resolution No. 49-
Requesting the Joint Committee on Government and Finance study sludge impoundments and mining subsidence.
Whereas, Breaks in coal slurry impoundments threaten the lives and health of area residents, destroy homes and businesses and contaminate water supplies; and
Whereas, Underground injections of coal sludge into old mines have long been standard practice in West Virginia and is a permitted process for storage of coal sludge; and
Whereas, A recent study of subsidence by the Pennsylvania Department of Environmental Protection found that longwall mining removes most of the coal in large underground tracts which causes the overlying rock to sag, resulting in subsidence at the ground surface. According to the study, the timing and extent of this subsidence is predictable and knowing when and where subsidence occurs allows mine operators and surface owners to take steps to avoid damage to surface structures and speeds the recovery of water tables and streams; and
Whereas, It is incumbent on this Legislature to examine these issues to ensure the safety and well-being of its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study sludge impoundments and mining subsidence; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators McCabe, Hunter, Foster, Bailey and Unger offered the following resolution:
Senate Concurrent Resolution No. 50-Requesting the Joint Committee on Government and Finance study issues of income adequacy and analyze policies to help individuals striving for self- sufficiency.
Whereas, With the passage of welfare legislation in 1996 and the advent of work requirements and time limits, helping low-income persons or welfare recipients become self-sufficient has become a top priority; and
Whereas, The Self-Sufficiency Standard documents the cost of living that families of different sizes must meet to live independently without public or private assistance; and
Whereas, The Self-Sufficiency Standard shows that, for most families, earnings that are above the official poverty level or earnings that are high enough to disqualify them from welfare are nevertheless far below what they need to meet their families' basic needs; and
Whereas, The Self-Sufficiency Standard is currently being used to better understand issues of income adequacy, to analyze policy and to help individuals striving for self-sufficiency; and
Whereas, The West Virginia Community Voices Partnership has developed and calculated the Self-Sufficiency Standard for 70 different family types in each county and metropolitan area in West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues of income adequacy and analyze policies to help individuals striving for self-sufficiency; and, be it
Further Resolved, That the Joint Committee on Government and Finance is requested to study ways to help employers move toward meeting the Self-Sufficiency Standard for West Virginia workers as measured by the West Virginia Community Voices Partnership; and, be it
Further Resolved, That the Joint Committee on Government and Finance examine ways to use the Self-Sufficiency Standard as a benchmark to measure activity of public-sponsored economic development efforts, including, but not limited to, job creation and wage levels tracked by the Economic Development Authority and the West Virginia Development Office; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2007, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators Plymale, Prezioso, Jenkins, Hunter and Harrison offered the following resolution:
Senate Concurrent Resolution No. 51-
Requesting the Division of Highways name the bridge crossing the Ohio River between Huntington, Cabell County, and Proctorville, Ohio, also known as the East Huntington Bridge, the "Frank 'Gunner' Gatski Memorial Bridge".
Whereas, Frank Gatski was born in Farmington, Marion County. He grew up in Number Nine Mine coal camp and attended Farmington High School. He went to work in the coal mines immediately after graduating high school; and
Whereas, Upon entering Marshall College, Frank Gatski won a starting position on the football team. After three seasons, however, Marshall College was forced to discontinue its football program for the duration of World War II; and
Whereas, Frank Gatski served two years in the Army infantry in Europe. Upon returning, he finished his college career at Auburn University. He successfully tried out for the Cleveland Browns and was added to their roster at the beginning of the 1946 season; and
Whereas, Frank Gatski played for the Cleveland Browns from 1946 through 1956 and then for the Detroit Lions for the 1957 season. He played in 11 championship games in 12 seasons, with his team winning eight times; and
Whereas, Frank Gatski was named to the All-NFL honor roll in 1951, 1952, 1953 and 1955 and played as a starting center in the 1956 Pro Bowl; and
Whereas, Throughout 20 years of playing football in high school, college and professionally, Frank Gatski never missed a game or practice; and
Whereas, Frank Gatski worked as a scout for the Boston Patriots for four years before taking a job as that team's head coach and athletic director. He then embarked on a 21-year career coaching at the West Virginia Industrial School for Boys in Farmington; and
Whereas, Frank Gatski was inducted into the Marshall University Athletic Hall of Fame on September 25, 1985; and
Whereas, Frank Gatski was inducted into the Pro Football Hall of Fame on August 3, 1985; and
Whereas, Sadly, on November 22, 2005, Frank Gatski passed away; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge crossing the Ohio River between Huntington, Cabell County, and Proctorville, Ohio, also known as the East Huntington Bridge, the "Frank 'Gunner' Gatski 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 "Frank 'Gunner' Gatski 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.
Senators Foster, Dempsey, McCabe, Jenkins, Love, Edgell, Unger and Harrison offered the following resolution:
Senate Resolution No. 25-
Designating February 22, 2006, as "Law-Enforcement Appreciation Day".
Whereas, Citizens of West Virginia should pause to consider the men and women of law enforcement who daily place their lives in danger for our safety; and
Whereas, The men and women of law enforcement have dedicated themselves to the communities they serve and have trained efficiently to perform their duties; and
Whereas, Sadly, there are many law-enforcement officers who pay the ultimate price and are killed in the line of duty; and
Whereas, It is fitting that the Senate pays tribute to the men and women of law enforcement whose dedication and commitment to protect and serve our citizens go unnoticed in our daily lives; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2006, as "Law- Enforcement Appreciation Day"; and, be it
Further Resolved, That the Senate is proud of the men and women who daily put their lives on the line and who uphold the creed "To protect and serve"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to appropriate representatives of law enforcement.

At the request of Senator Foster, 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
Tomblin (Mr. President), Bailey, Bowman, Chafin, Dempsey, Edgell, Fanning, Foster, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Unger and White offered the following resolution:
Senate Resolution No. 26-
Designating February 22, 2006, as "West Virginia Federation of Democratic Women Day".
Whereas, The West Virginia Federation of Democratic Women has made many outstanding contributions to the Democratic Party by encouraging the involvement of women in the electoral process, urging qualified women to seek political office and advocating party policy and legislation that concerns women; and
Whereas, The West Virginia Federation of Democratic Women provides workshops, training sessions and candidate forums designed to provide valuable information and training to its members; and
Whereas, The dedication and commitment of the West Virginia Federation of Democratic Women are greatly appreciated by Democrats who hold elective office throughout the state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2006, as "West Virginia Federation of Democratic Women Day"; and, be it
Further Resolved,
That the Senate hereby recognizes the West Virginia Federation of Democratic Women for its outstanding dedication and commitment to the party it serves and to the electoral process of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the West Virginia Federation of Democratic Women.

At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the eighth order of business.
Eng. Senate Bill No. 112, Establishing Alzheimer's Disease Registry.
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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 112) 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. 439, Strengthening one-call system requirements for excavators' damage.
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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.

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. 439) 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. 468, Amending group accident and sickness 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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.

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. 468) 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. 516, Finding and declaring claims against state.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 516) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 516) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 630, Relating to cancellation of combination insurance policies.
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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 630) 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. 631, Relating to criminal school truancy complaints.
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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 631) 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. 632, Relating to disclosure of electioneering communications.
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, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 632) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Dempsey, Edgell, Facemyer, Fanning, Foster, Guills, Harrison, Helmick, Hunter, Jenkins, Kessler, Lanham, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Unger, Weeks, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Minear--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 632) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the 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. 228, Expanding Route 2 and Interstate 68 Authority territory.
Senate Bill No. 605, Relating to personal property tax receipt as prerequisite proof for vehicle registration.
Senate Bill No. 613, Creating Community Empowerment Transportation Act.
Senate Bill No. 771, Making technical corrections in fire code.
And,
Eng. Com. Sub. for House Bill No. 4047, Relating to part-time prosecuting attorneys.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Kessler and Weeks.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Oliverio, unanimous consent being granted, it was ordered that the Journal show had Senator Oliverio been present in the chamber on yesterday, Tuesday, February 21, 2006, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 47, Engrossed Committee Substitute for Senate Bill No. 157, Engrossed Senate Bill No. 269, Engrossed Committee Substitute for Senate Bill No. 396, Engrossed Senate Bill No. 455, Engrossed Senate Bill No. 529, Engrossed Senate Bill No. 530, Engrossed Senate Bill No. 551, Engrossed Senate Bill No. 614, Engrossed Senate Bill No. 634 and Engrossed Senate Bill No. 635.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Minear.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 23, 2006, at 11 a.m.
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