WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

FIRST DAY

____________

Charleston, W. Va., Wednesday, January 10, 2007

Pursuant to section eighteen, article six of the Constitution of the State of West Virginia, which prescribes that the Legislature shall convene annually on the second Wednesday in January, the Senate assembled in its chamber in the state capitol in the City of Charleston, West Virginia, on this the tenth day of January, two thousand seven, for the first annual session of the seventy-eighth Legislature, and at 12 o'clock Noon was called to order by the Clerk of the Senate, the Honorable Darrell E. Holmes.
Pending organization of the Senate by the election of a President (under the provisions of section twenty-four, article six of the Constitution), the Honorable H. Truman Chafin, a senator from the sixth senatorial district, was called to the Chair to preside in his capacity as one of the oldest members present in point of continuous service.
Prayer was offered by the Reverend Lee McDermott, First Presbyterian Church, Logan, West Virginia.
The following communication was reported by the Clerk:
THE SENATE OF WEST VIRGINIA

CHARLESTON

December 1, 2006

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
It is with mixed emotions that I submit this letter of resignation as a member of the West Virginia Legislature effective December 3, 2006. I will be assuming the position of Lincoln County Assessor which I was a candidate for the unexpired term and won in the November general election. State law prohibits service in both positions simultaneously.
I depart the State Senate with tremendous respect and admiration for my colleagues and the numerous legislative employees who make the Legislature a special place to work.
I am particularly honored to have served under your effective leadership. My service in the Senate has been a very positive and productive experience and will remain one of the highlights of my life.
I am hopeful that I will be able to continue to work with you and other members of the Legislature in my new role.
Thank you for your assistance to me these past four years and your acceptance of my decision to resign as a member of the State Senate.
Sincerely,
Tracy Dempsey

The Honorable Betty Ireland, Secretary of State, appeared at the bar of the Senate and presented the official returns of the election held on the seventh day of November, two thousand six, for members of the Senate for the State of West Virginia.
CANDIDATES FOR STATE SENATOR

FOR THE STATE OF WEST VIRGINIA

APPEARING TO HAVE BEEN ELECTED

NOVEMBER 7, 2006

First Senatorial District: Edwin J. Bowman, of the County of Hancock;
Second Senatorial District: Larry J. Edgell, of the County of Wetzel;
Third Senatorial District: J. Frank Deem, of the County of Wood;
Fourth Senatorial District: Mike Hall, of the County of Putnam;
Fifth Senatorial District: Evan H. Jenkins, of the County of Cabell;
Sixth Senatorial District: H. Truman Chafin, of the County of Mingo;
Seventh Senatorial District: Ron D. Stollings, of the County of Boone;
Eighth Senatorial District: Erik P. Wells, of the County of Kanawha;
Ninth Senatorial District: Mike Green, of the County of Raleigh;
Tenth Senatorial District: Jesse O. Guills, Jr., of the County of Greenbrier;
Eleventh Senatorial District: C. Randy White, of the County of Webster;
Twelfth Senatorial District: Joseph M. Minard, of the County of Harrison;
Thirteenth Senatorial District: Michael A. Oliverio II, of the County of Monongalia;
Fourteenth Senatorial District: Dave Sypolt, of the County of Preston;
Fifteenth Senatorial District: Walt Helmick, of the County of Pocahontas;
Sixteenth Senatorial District: John R. Unger II, of the County of Berkeley;
Seventeenth Senatorial District: Brooks F. McCabe, Jr., of the County of Kanawha.
From the foregoing official returns of the election of members of the Senate, it appears that the persons therein named were elected to the Senate at the election held on the Tuesday next after the first Monday in November, two thousand six.
Whereupon,
On the call of the roll of the Senate, the following members and members-elect answered to their names:
Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Tomblin, Unger, Wells, White and Yoder.
Thirty-four present and prospective members having answered to their names, the Chair declared the presence of a quorum.
The following members-elect came forward to the Clerk's desk and qualified by taking and subscribing to the several oaths of office prescribed by the Constitution, which oaths were administered by the Honorable Elliott E. Maynard, Justice of the Supreme Court of Appeals of West Virginia: Edwin J. Bowman, of the County of Hancock; Larry J. Edgell, of the County of Wetzel; J. Frank Deem, of the County of Wood; Mike Hall, of the County of Putnam; Evan H. Jenkins, of the County of Cabell; H. Truman Chafin, of the County of Mingo; Ron D. Stollings, of the County of Boone; Erik P. Wells, of the County of Kanawha; Mike Green, of the County of Raleigh; Jesse O. Guills, Jr., of the County of Greenbrier; C. Randy White, of the County of Webster; Joseph M. Minard, of the County of Harrison; Michael A. Oliverio II, of the County of Monongalia; Dave Sypolt, of the County of Preston; Walt Helmick, of the County of Pocahontas; John R. Unger II, of the County of Berkeley; and Brooks F. McCabe, Jr., of the County of Kanawha.
All the members-elect having qualified, the Senate then proceeded to its biennial organization.
The first order of business in the organization of the Senate being the election of a President,
For that office, Senator Kessler nominated the Honorable Earl Ray Tomblin, of the County of Logan; seconded by Senator Bowman.
On motion of Senator Caruth, Senator Tomblin was reelected President of the Senate by acclamation.
Whereupon, the Chair appointed Senators Bailey, McCabe and Caruth a committee to escort the President-elect to the Chair.
A standing ovation was then accorded the President-elect, as he proceeded to the rostrum accompanied by the foregoing select committee.
Whereupon, Senator Tomblin qualified as President, by taking the several oaths of office prescribed by law and administered by the Honorable Elliott E. Maynard, Justice of the Supreme Court of Appeals of West Virginia.
Senator Tomblin (Mr. President) assumed the Chair and addressed the Senate as follows:
SENATOR TOMBLIN:
Fellow senators, family members, distinguished guests, as I took the oath of office today to lead this distinguished body for another two years as Senate President, I am reminded of the great traditions and history which have combined to make this a day of celebration and commitment. As I read your faces, I know as well just what the Oath of Senator means to all of us-binding us to fulfilling our mandates as representatives of a great and proud people.
I have shared in writing legislative history for more years than I could have ever imagined as a youngster growing up on the banks of the Guyandotte River in Logan County. I am honored by the confidence you continue to place in me and I want you to know I have that same confidence in your ability to succeed in our common service in behalf of the people of West Virginia. We have shared joys and tragedies. We have experienced a special kind of life in the gracious hills and valleys of the state which has a distinctive form and an even more distinctive culture and citizenry.
We have accomplished some very important and lasting changes. Because of your work, we deal more today with surpluses than we do with deficits. We have made great strides in paying down our debt just like the average citizen pays down his. We have begun to change the state's image through tort reform, and we have made great progress in bringing the workers' compensation system under control.
This has all worked to create a climate for improved labor- management relations. It is also producing jobs and business opportunities. We have been able to balance and see growth in the state budget without general tax increases over the past 12 years. We have funded and built more new state-of-the-art school buildings than ever before. We are making great progress across the state in building and improving water and sewage systems. And one of our greatest contributions for future generations is providing deserving students with free college tuition. We have, and will keep, the promise to those students.
Our list of accomplishments far exceeds the time we have today to mention them all. But while we have made great strides in their progress, I remind you that our election is not a reward for the past, but it's an obligation for the future. Our purpose is not to do what's best for one individual or one organization over another.
In a democracy, all citizens are equal and should be fairly represented.
We should not be voting for labor over management or for management and business over labor, nor is it our business to bridle any entity by taxing the developing opportunities of tomorrow's economy. There should be no special interest. There should be no regional interest--only the interest of West Virginia and West Virginians.
We must remember that we have a solemn contract with those special citizens whom we owe special responsibilities-those who cannot care for themselves, those in the classrooms, those who bear the burdens and the responsibility of serving us and protecting us and providing for our security and safety. And we must ensure the safety of those who labor in our behalf to produce the wealth upon which our economy is built. We owe them not only a debt of gratitude but, from that gratitude, a share of our common bounty and wealth.
Our founders understood then, and we understand now, that educating our citizens in a free system of public schools is our primary constitutional purpose. The future, as has been our past, will depend upon the obtainment of knowledge. And that will secure the lofty ideals of our democracy and keep us free.
It is through this wealth of learning that will cast the mold for a model for the future. And while we're going to school, to work or even to visit home, we must make certain that they who pay the bills have good roads to ride upon and be able to enjoy quality water and sewage services. The coming generations will need more new school buildings with accredited staff who can lead them to higher levels of academic achievement.
And for those, when it is needed, guaranteed health care and health facilities in easy reach of any location regardless of their economic status. We must also look at the financial support of those who bear these burdens on both sides of the ledger and make certain the people we depend upon will be there when we need them.
To support this future, we must look at the vast natural resources at our disposal which lie untapped in our old hills and which flow through our valleys. There is enough natural wealth in West Virginia to raise the hope of prosperity for all our citizens. We can move swiftly to fill the country's thirst for liquid power. While using the latest and available technology, we can ensure future markets for our resources and tame the negatives involved with its extraction and transportation preventing any unnecessary damage to the environment or our unique way of life.
Our state can no longer wait on federal government handouts or even private industry to act in the energy arena. We must be willing to take steps now to develop the incentives necessary to create this new industrial model.
We must begin to invest in our own energy future. With our abundant natural resources and our ability to produce power in all its forms, we can and will play an important role in the nation's homeland security and defense. Coupled with an aggressive program of work instead of words and investment instead of intentions, we can create thousands of new jobs and make a major contribution to the defense and security of our nation.
While we are helping the nation, those West Virginians who are living elsewhere and would like to return home will finally get the opportunity to do it with a job that is not tied to the "boom and bust" cycle of a single industry state.
This is my vision for our state and her people. We have been called to this place, to this service, to this Senate to perform-- not just politick. Though it will be through the institutions of representative government that we will achieve our goals, we must not let the process stand in the way of progress. I remind you that this institution comes first before politics and the people's interests before that.
No matter the issue--whether it is coal mine safety, gaming referendums, improved financial arrangements for state employees and teachers or balancing the budget--we, as a Senate, will make our decisions together. We will do it with the highest degree of cooperation and professionalism, working with the new leadership in the House of Delegates and the executive branch.
To our new Speaker, Rick Thompson, and the other 99 members of the House across the well, we pledge to be a full partner in all that we attempt to do. By unifying behind the people of West Virginia, we can inspire them to become part of that effort so that they will be able to have a new-found trust in a government which serves their needs and aspires to help them realize the fruition of their dreams. It will be through our dedicated work-- not just our words. With our actions, we will set and achieve the high standards the people have a right to expect.
As I offer my congratulations to each of you today, I do so within the spirit of partnership and with the challenge which comes with the jobs West Virginians have bestowed upon us. We have a wonderful opportunity in this service as we begin the work of the people, here, in the people's forum-the West Virginia State Senate.
Thank you all.
_________

At the request of Senator Chafin, unanimous consent being granted, the foregoing acceptance remarks by Senator Tomblin (Mr. President) were ordered extended in the Journal.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to permit the Senators to have members of their families and friends as guests during today's session.
On motion of Senator Chafin, the Senate recessed for five minutes for the purpose of making introductions.
Upon expiration of the recess, the Senate reconvened.
The next order of business being the election of a Clerk,
For that office, Senator Helmick nominated the Honorable Darrell E. Holmes, of the County of Kanawha; seconded by Senator McCabe.
On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Holmes.
The President then announced the vote and declared that Mr. Holmes, having received all the votes cast, had been unanimously reelected Clerk of the Senate.
Whereupon, Mr. Holmes qualified as Clerk, by taking the several oaths of office prescribed by law and administered by the Honorable Elliott E. Maynard, Justice of the Supreme Court of Appeals of West Virginia.
The next order of business being the election of a Sergeant at Arms,
For that office, Senator Fanning nominated the Honorable Howard L. Wellman, of the County of Mercer; seconded by Senator Edgell.
On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Wellman.
The President then announced the vote and declared that Mr. Wellman, having received all the votes cast, had been unanimously reelected Sergeant at Arms of the Senate.
Whereupon, Mr. Wellman qualified as Sergeant at Arms, by taking the several oaths of office prescribed by law and administered by the Honorable Elliot E. Maynard, Justice of the Supreme Court of Appeals of West Virginia.
The last order of business in the biennial organization of the Senate being the election of a Doorkeeper,
For that office, Senator Bailey nominated the Honorable Andrew J. Trail, of the County of Kanawha; seconded by Senator Oliverio.
On motions of Senator Caruth, severally made, nominations were closed and the President was authorized to cast the unanimous vote of the Senate for the election of Mr. Trail.
The President then announced the vote and declared that Mr. Trail, having received all the votes cast, had been unanimously reelected Doorkeeper of the Senate.
Whereupon, Mr. Trail qualified as Doorkeeper, by taking the several oaths of office prescribed by law and administered by the Honorable Elliott E. Maynard, Justice of the Supreme Court of Appeals of West Virginia.
On motion of Senator Chafin, the Senate recessed until 2 p.m. today.
Upon expiration of the recess, the Senate reconvened.
With the completion of organization of the Senate, by the election of officers for the seventy-eighth Legislature,
The first organizing resolution was then offered, Senator Chafin submitting the following:
Senate Resolution No. 1--Raising a committee to notify the House of Delegates the Senate has assembled and completed its organization.
Resolved by the Senate:
That a committee of three be appointed by the President to inform the House of Delegates that the Senate has assembled, with a quorum present, organized by the reelection of the Honorable Earl Ray Tomblin as President and Mr. Darrell E. Holmes as Clerk, and is ready to proceed with the business of this regular session.
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.
Whereupon, the President appointed as members of such committee, the following:
Senators Foster, Jenkins and Hall.
Subsequently, Senator Foster reported that the committee had performed the duty assigned to it.
The first message this session from the House of Delegates, by
Delegates Marshall, Martin and Sobonya, announced that the House of Delegates has assembled, with a quorum present, organized by the election of the Honorable Richard Thompson as Speaker, and Mr. Gregory M. Gray as Clerk, and is ready to proceed with the business of this first regular session of the seventy-eighth Legislature.
Senator Chafin then offered the following resolution:
Senate Resolution No. 2--Raising a committee to inform the Governor that the Legislature is organized.
Resolved by the Senate:
That a committee of three on the part of the Senate, to join with a committee on the part of the House of Delegates, be appointed by the President to notify His Excellency, the Governor, that the Legislature has assembled in regular session and organized by the election of officers as required by the Constitution and is ready, with a quorum of each house present, to proceed with the business of this session and to receive any communication or message he may desire to present.
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.
Whereupon, the President appointed as members of such committee, the following:
Senators Fanning, Bowman and Boley.
A message from the House of Delegates, by
Delegates Hatfield, Argento and Rowan, announced that the Speaker had appointed them a committee of three to join with the similar committee on the part of the Senate under the provisions of Senate Resolution No. 2 to wait upon the Governor. Senate and House members of this select committee then proceeded to the executive offices.
Subsequently, Senator Fanning reported that the joint Senate and House committee had performed the duty assigned to it.
Senator Chafin then offered the following resolution:
Senate Resolution No. 3--
Adopting rules of the Senate.
Resolved by the Senate:
That the rules of the Senate be adopted as follows and shall govern the proceedings of the Senate during the seventy-eighth Legislature, subject to amendment as provided in the rules:
RULES OF THE SENATE

QUORUM

1.A majority of the members elected to the Senate shall constitute a quorum and a quorum shall be necessary to proceed to business, but two members may adjourn, and three members may order a call of the Senate, send for absentees and make any order for their censure or discharge. On a call of the Senate, the doors shall not be closed against any member until his or her name shall have been twice called.
2.In case a less number than a quorum of the Senate shall convene, the members present are hereby authorized to send the Sergeant at Arms, or any other person or persons by them authorized, for any and all absent members as the majority of such members shall agree, at the expense of such absent members, respectively, unless such excuse for nonattendance shall be made as the Senate, when a quorum is convened, shall judge sufficient; and, in that case, the expense shall be paid out of the contingent fund of the Senate. This rule shall apply, as well to the first meeting of the Senate at the legal time of meeting, as to each day of the session, after the hour has arrived to which the Senate stood adjourned.
OFFICERS

3.The Senate, at the commencement of each new Legislature, shall elect as its officers a President, Clerk, Sergeant at Arms and Doorkeeper. The vote of a majority of all the members elected to the Senate shall be necessary for the election of these officers and the vote shall be by voice vote and be entered upon the Journal.
4.The President of the Senate shall appoint a President pro Tempore, who, during the absence of the President, shall preside and perform all the duties of the President.
5.The President may call a member to the chair who shall perform the duties of the chair until the President returns to the chair, but no member by virtue of such appointment shall preside for a longer period than three consecutive legislative days.
6.The Clerk of the Senate shall not allow any records or papers to be taken from the table or out of his or her custody except by a chairperson of a committee to which they may have been referred and then only upon a proper receipt therefor and except as required by these rules or by the Joint Rules of the Senate and House of Delegates.
ORDER OF BUSINESS AND PROCEDURE

7.The order of business of the Senate shall be:
1. To read, correct and approve the Journal.
2.
Introduction of guests.

3.
To dispose of communications from the House of Delegates and the Executive.

4.To receive reports from standing committees.
5.To receive reports from select committees.
6.To receive bills, resolutions, motions and petitions.
7.To act upon unfinished business of the preceding day and resolutions lying over from the previous day, and no resolution shall lose its place on the calendar by not being acted upon on the day following that on which it was offered.

8.Senate and House Bills on third reading.
9.Senate and House Bills on second reading.
10.Senate and House Bills on first reading.
11.Introduction of guests.
12.Remarks by Members of the Senate.
13.Miscellaneous business.
8.Every member desiring to speak shall stand in his or her own place, address the President and, upon being recognized, shall proceed, confining oneself to the question under debate, avoiding all indecorous or disrespectful language. The President may recognize the member by name; but no member in debate or remarks shall designate another by name.
9.If the question in debate contains several points, any member may have the same divided. On motion to strike out and insert, it shall not be in order to move for a division of the question.
10. The rejection of a motion to strike out and insert one proposition shall not prevent a motion to strike out and insert a different proposition and shall not prevent a subsequent motion to simply strike out. The rejection of a motion simply to strike out shall not prevent a subsequent motion to strike out and insert.
11. No question shall be debated until it has been propounded by the President. The President, after calling a member to assume the chair, the mover of the question, the chairperson of the committee that reported the matter or the sponsor of the bill or resolution, in that order of preference, shall have the right to explain his or her views in preference to any other member.
12. No member shall speak more than twice upon the same question without leave of the Senate or more than once until every member choosing to speak shall have spoken, except that the mover of the question shall have the right to close the debate thereon.
13. While the President is putting the question, any member who has not spoken before to the matter may speak to the question before the negative is put.
BILLS AND RESOLUTIONS

14. No Senate bill, other than a Senate supplementary appropriation bill, and no Senate joint resolution shall be introduced in the Senate after the forty-first day of a regular session unless permission to introduce the bill or the joint resolution be given by a Senate resolution, setting out the title to the bill or the joint resolution and adopted by a two-thirds vote of the Senate members present. When permission is requested to introduce a bill or joint resolution under the provisions of this rule, quadruplicate copies of the bill or the joint resolution shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or resolution and report the same after the forty-first day.
The forty-first day of the regular session held in the year one thousand nine hundred seventy-seven and every fourth year thereafter shall be computed from and include the second Wednesday of February of such years.
15. Each bill or resolution for introduction shall be presented in quadruplicate, bearing the name of the member or members by whom it is to be introduced, and shall be filed with the Clerk not later than twelve o'clock meridian on the legislative day next preceding its introduction: Provided, That the pre-filing requirement shall not apply to the first day of any session of the Legislature. A bill may be introduced by request. All bills introduced by request shall bear the words "by request", following the designation of the name or names of the bill sponsor or sponsors.
The Clerk shall designate one copy of a bill or resolution the official copy and it shall constitute the official bill or resolution for use of committees and for the permanent files of the Senate. One copy shall be used for printing and copying, one for the use of the news media and one for the Clerk's general office files.
Each bill or resolution shall be numbered, edited and corrected as to form by the Clerk and reported by the Clerk to the Senate on the next legislative day, under the sixth order of business. In case of urgency, on motion for leave agreed to by a majority of the members present, a member may introduce a bill or resolution from the floor.
15a. Prior to final consideration, by any committee in the Senate, of any bill which either increases or decreases the revenue or fiscal liability of the State or any county, municipality or other subdivision of the State or in any manner changes or modifies any existing tax or rate of taxation, such bill shall have attached thereto a fiscal note, if available, which "Fiscal Note" shall conform to the requirements as to form and content prescribed by the "Fiscal Note Manual", prepared and adopted by the Committee on Rules to govern preparation of fiscal notes to bills introduced in the Senate.
It shall be the responsibility of the legislator introducing a bill to obtain such note when required. Such note shall be attached to the bill when filed for introduction, if at all possible, and shall accompany any bill requiring such note when the same is reported from committee.
The jackets of all measures with fiscal notes attached or requiring such notes shall have the words "Fiscal Note" or the initials "FN" clearly stamped or endorsed thereon.
16. All concurrent and simple resolutions when introduced shall lie on the table at least one day, and then be referred to the appropriate committee unless the Senate directs otherwise by a vote of a majority of the members present.
It is hereby declared to be the policy of the Senate that concurrent resolutions be limited to the general purposes of expressing the sentiments of the Legislature, for authorizing expenditures incidental to the sessions and business of the Legislature, for agreeing upon adjournments beyond the constitutional limitation, for creating special joint committees, for raising a joint assembly and other inferior and incidental purposes of legislation, and such other purposes as the Legislature may deem proper. The adoption of such resolutions must be concurred in by both houses.
Concurrent resolutions shall be restricted to expressions of sentiments and actions having a bearing upon matters incident to legislative business and the functioning of the legislative process insofar as possible.
Concurrent resolutions shall not embrace congratulatory expressions to individuals, organizations, associations or other entities having no relation to the Legislature or public affairs generally, athletic events, scholastic contests, or any other matter not related to the scope and areas of legislative business: Provided, That this rule shall not bar the introduction of resolutions memorializing deceased members of the Legislature and public officials or commending or congratulating public officials on actions in connection with governmental affairs.
Before any concurrent resolution is introduced, it shall be submitted to the Clerk for determination of compliance with this rule. If the Clerk determines that it is in compliance with this rule, the concurrent resolution shall be introduced. If the Clerk determines that it is not in compliance with this rule, or if the Clerk is in doubt about its compliance, the Clerk shall submit it to the Committee on Rules for this determination, and then the concurrent resolution shall be introduced only if the Committee determines that it is in compliance with this rule.
17. Unless otherwise directed by the Committee on Rules all bills, resolutions or business originating in the Senate shall be considered at the appropriate order of business in the order in which they are introduced, and all bills and resolutions received from the House of Delegates shall be introduced in the order in which they are received and shall be considered at the appropriate order of business in their numerical order.
18. All bills and resolutions passed or adopted by and reported from the House of Delegates shall be read by their titles and referred to the appropriate committee unless the Senate directs otherwise by a vote of a majority of the members present. They shall then be proceeded with in the same manner as Senate bills or resolutions. All bills and joint resolutions introduced shall be read by their titles and referred to the appropriate committee without printing and shall be treated in committee as resolutions of inquiry. If the committee reports a bill or resolution different, either by amendment or substitution, from the one introduced, it shall be received and treated by the Senate as the original bill or resolution. All Senate bills and joint resolutions reported by a committee shall be printed, with the proposed committee amendments printed on the foot thereof, and shall be then read a first time, unless in any of the aforesaid cases the Senate directs otherwise by a vote of a majority of the members present.
18a. Any bill, resolution or business which does not follow the procedures of Rule Nos. 17 and 18 shall remain in the possession of the Senate Committee on Rules.
19. All bills shall be read on three different days, unless in case of urgency, by a vote of four fifths of the members present, taken by yeas and nays, on each bill, this rule be dispensed with.
20. All engrossed bills shall be fully and distinctly read when put upon their passage.
21. On each reading of the bill the Clerk shall state whether it is the first, second or third reading of such bill, but no bill shall be put upon its second reading until the same shall have been printed and delivered to the members of the Senate at least one day previous to such reading, unless the Senate directs otherwise by a vote of a majority of the members present.
21a. Upon motion of any member, on any legislative day or the day preceding, the Senate may, by a vote of two thirds of those present, establish a period of time known as "Bill Reading Docket".
Such motion shall state each bill to be read, the time and order for such bill reading docket to commence and to conclude, and may provide for the adjournment or recess of the Senate for not more than one legislative day, during which reading of the docket no motion, except a motion to postpone the reading of the bills, by two-thirds vote of those elected, shall be heard. A quorum shall not be required during the reading of the docket. Any and all members requesting that a bill be read shall be present at all times in the Chamber during its reading.
All bills read on the bill reading docket shall be considered as having been read fully and distinctly.
22. On the first reading of a bill, a motion to reject the bill shall be in order.
23. If a committee shall have reported adversely to a bill, the President immediately after the report of said committee is read shall put the question, "Shall the bill be rejected?" which question shall have precedence over all motions, except a motion to adjourn.
24. A bill shall be amended only on second reading. When a bill is being read for amendment, it shall be read section by section on the demand of any two members. When the amendments which may be moved shall be disposed of, the question shall be taken on ordering a Senate bill to be engrossed and ordered to third reading and on ordering a House bill to third reading. If a Senate bill should be ordered to its engrossment and third reading and amendments thereto have been made, the type from which the bill was originally printed shall be changed to conform to the amendments. The bill shall then be reprinted and shall be the engrossed bill. If no amendments are made, the bill as originally printed may be ordered to its third reading and shall become the engrossed bill. All Senate bills so ordered shall be jacketed, endorsed with their number, title, by whom introduced, and if the bill is finally passed, the date of its passage and the signature of the Clerk. If a Senate bill should be passed by the House and returned to the Senate without amendments, or if amended, and the amendments should be agreed to, the bill shall be enrolled by the Clerk and delivered to the Joint Committee on Enrolled Bills. In the case of a House bill on second reading if the same be amended, the amendment or amendments shall be noted in full in typewriting on slips of paper and attached to the bill at the proper place by the Clerk before the bill is returned to the House, and all amendments shall appear in the Senate Journal.
25. When a bill or joint resolution is put upon its passage or adoption, respectively, the President shall propound the question, "Shall the bill pass?" or "Shall the resolution be adopted?" On the passage or adoption, respectively, of every bill or joint resolution, the vote shall be taken by yeas and nays. When the bill or joint resolution is on second reading and the question is upon striking out, the President shall propound the question, "Shall these words be stricken out?"
26. When a Senate bill or Senate joint resolution passed by the Senate shall be amended by the House of Delegates, the question on agreeing to the bill or joint resolution, as amended, shall be again voted on by yeas and nays in the Senate. In all such cases the affirmative vote of a majority of all the members elected to the Senate shall be necessary.
COMMITTEES

27. At the commencement of each Legislature, standing committees shall be appointed, each committee to consist of the number of members indicated in the parentheses following the naming of the committee. The following committees shall be named:
1.On Agriculture (11).
2.
On Banking and Insurance (13).

3.On Confirmations (9).
4.On Economic Development (14).
5.
On Education (14).

6.On Energy, Industry and Mining (13).
7.On Finance (17).
8.On Government Organization (14).
9.On Health and Human Resources
(13).
10. On Interstate Cooperation (7); (the President of the Senate is to be ex officio cochairperson).

11.On the Judiciary (17).
12.On Labor (11).
13.On Military (9).
14.On Natural Resources (13).
15.On Pensions (7).
16.On Rules (10); (the President of the Senate is to be ex officio chairperson).

17.On Transportation and Infrastructure (9).
28. All standing committees shall be appointed by the President. The President shall designate the chairperson of each standing committee and may also designate a vice chairperson of any standing committee when the President may deem it advisable.
The chairperson of each standing committee of the Senate shall cause a record to be kept of every meeting of such committee, wherein shall be entered:
(a) The time and place of each committee meeting and every hearing had before the committee.
(b) The attendance of members of the committee at each meeting thereof.
(c) The name of any person appearing before the committee and the interest represented by him or her.
(d) The vote of each member of the committee when a yea and nay vote is taken.
Any member of such standing committee may cause a notation to be made upon the record aforesaid of the reason for his or her absence at any former meeting of the committee; and, in the absence of any such explanatory note, the presumption shall be that his or her absence was without reasonable cause.
The chairperson of each standing committee shall, upon request, make the record of any yea and nay vote taken, in open or executive session, available for public inspection no later than the next legislative day after the close of the standing committee meeting at which such yea and nay vote was taken.
The several standing committees shall have leave to report by bill, resolution, or otherwise, any proposed legislation originating therein, as well as to report back a committee substitute for a Senate bill or resolution, or otherwise. A committee substitute, with the consent of the original sponsor, shall carry the name of the original sponsor. Reports of committees shall be advisory only. All committees shall submit their reports to the Senate in writing and the same shall be printed in the Journal.
On the adjournment of each session of the Legislature, the chairperson of the respective committees shall deliver to the Clerk of the Senate the record book herein provided for, and it shall be the duty of such Clerk to preserve the same among the archives of his or her office.
29. The President shall refer bills and resolutions introduced and such other matters as the President shall deem appropriate to a standing committee.
30. Select committees shall consist of not less than three nor more than five members, unless the Senate directs otherwise by a vote of a majority of the members present.
31. The Committee on Rules shall examine the oaths taken by each member and the evidence of their election and report to the Senate.
The Committee on Rules shall report in all cases of privileges and contested elections, the principles and reasons on which their resolutions are founded.
The Committee on Rules shall see that all papers belonging to the Clerk's Office are properly labeled and filed and that the books belonging to the office are chronologically arranged.
32. All meetings of Senate standing committees, other than executive sessions, shall be open to the public, and an executive session may be held only upon a majority vote of the members present.
33. When the Senate shall resolve itself into the Committee of the Whole, the President shall leave the chair and appoint a chairperson to preside in the committee.
The Committee of the Whole shall consider and report on such subjects as may be committed to it by the Senate. The rules of the Senate shall be observed in the Committee of the Whole, so far as they are applicable, except the rules limiting the number of times speaking, concerning the previous question and taking the yeas and nays. The proceedings in the Committee of the Whole shall not be recorded on the Journal of the Senate, except so far as reported to the Senate by the chairperson of the committee.
34. Any bill, resolution or business may, by a vote of the majority of the members present, be withdrawn from the committee to which it had been referred or be taken from the table, and placed upon the calendar of the Senate in such order of business as the Senate may direct: Provided, That those bills, resolutions or business referred to the Senate Committee on Rules under authority of Rule No. 17 may by a vote of two thirds of the members present be withdrawn from the Senate Committee on Rules.
DECORUM AND DEBATE

35. If a member be called to order for words spoken in debate, the person calling the member to order shall repeat the words excepted to, and they shall be taken down in writing at the Clerk's table; and no member shall be held to answer, or be subject to the censure of the Senate, for words spoken in debate if any other member has spoken or other business has intervened after the words spoken and before the exception to them was taken.
36. While the President is reporting or putting a question, no one shall entertain private discourse or walk into, out of or across the Senate Chamber.
37. No member or other person except the Clerk and the Clerk's assistants shall visit or remain by the Clerk's table while the yeas and nays are being taken.
38. During any debate, any Senator, though he or she has spoken to the matter, may arise and speak to the orders of the Senate, if they be transgressed, in case the President does not.
MOTIONS

39. When a question is pending, no motion shall be received except:
1.To adjourn.
2.To lay on the table.
3.For the previous question.
4.To postpone the question to a different day.
5.To commit.
6.To amend.
7.To postpone indefinitely.
These several motions shall have precedence in order in which they are arranged.
40. The following motions shall be decided without debate, and shall not be amended:
1.To adjourn.
2.To fix the time to which the Senate shall adjourn.
3.To lay on the table.
4.For the previous question.
5.To suspend the constitutional rule requiring bills to be read on three several days.

6.To recess.
41. There shall be a motion for the previous question, which being ordered by a majority of the members present, shall have the effect to cut off all debate and bring the Senate to a direct vote upon the immediate question or questions on which it has been asked and ordered. The previous question may be asked and ordered upon a single motion, a series of motions, or may be made to embrace all authorized motions or amendments and include the bill to its engrossment and third reading and then, on renewal and second of said motion, to its passage or rejection. It shall be in order, pending a motion for, or after the previous question shall have been ordered on its passage, for the President to entertain and submit a motion to commit with or without instructions to a standing or select committee. A motion to lay upon the table pending a motion for the previous question shall be in order only when the previous question has been moved on the second or third reading of a bill.
A call of the Senate shall not be in order after the previous question is ordered, unless it shall appear upon an actual count by the President that a quorum is not present.
All incidental questions of order arising after a motion is made for the previous question, and pending such motion, shall be decided, whether on appeal or otherwise, without debate.
RECONSIDERATION OF VOTE

42. After any question has been decided in the affirmative or in the negative, it shall be in order for any member who voted with the prevailing side to move for a reconsideration of the vote thereon at any time on the same day or the next succeeding day of actual session. When the yeas and nays have not been recorded in the Journal, any member, irrespective of whether he or she voted with the prevailing side or not, may make the motion to reconsider. If the Senate refuse to reconsider, or upon reconsideration shall affirm its first decision, no further motion to reconsider shall be in order. No vote shall be reconsidered upon motions to adjourn, to lay on the table, to take from the table or for the previous question.
The motion to reconsider may be put and acted upon when made. If seconded, it shall take precedence of all other questions, except the consideration of a conference report and the motion to adjourn, and unless by motion postponed until some future date be acted upon at once. When a motion to reconsider is made and not acted upon at the time, it shall be placed upon the calendar, under unfinished business, and be acted upon the next succeeding day of actual session. A motion to reconsider shall not be withdrawn without leave of the Senate.
No bill, resolution, message, report, amendment or motion, upon which a motion is pending to reconsider the vote thereon, shall be taken out of the possession of the Senate until final disposition of the motion to reconsider. No motion for reconsideration of the vote on any question, which has gone out of the possession of the Senate, shall be in order unless subsequently recalled by vote of the Senate and in possession of the Clerk.
When a motion to reconsider has been carried, its effect shall be to place before the Senate the original question in the exact position it occupied before it was voted upon.
VOTING

43. Every member within the Senate Chamber, when a question is put, shall vote unless he or she is immediately and particularly interested therein, meaning an interest that affects the member directly and not as one of a class, or the Senate excuses him or her. All motions to excuse a member from voting must be made by the member requesting to be excused before the Senate divides, or before the call of the yeas and nays is commenced, and it shall be decided without debate, except that the member making the motion to be excused from voting may briefly state the reason why it ought to be adopted.
44. The yeas and nays shall be taken on motions to dispense with the constitutional rule requiring a bill to be fully and distinctly read on three different days and on fixing the effective date of an act of the Legislature; on agreeing to a joint resolution proposing an amendment to the Constitution of the State; on the passage of a bill notwithstanding the objections of the Governor; on the passage of a supplementary appropriation bill; on the passage of a Senate bill or Senate joint resolution amended by the House; on all questions where a specific vote is required by the Constitution, the Joint Rules of the Senate and House of Delegates, or by these rules; on the passage of a bill; and on quorum calls: Provided, That the yeas and nays shall be taken on demand of any member on any question unless another member objects. Upon any such objection the President shall inquire of the membership if the demand for the yeas and nays is sustained. If the demand is so sustained by one tenth of the members present, the yeas and nays shall be taken, and, if the demand is not sustained by one tenth of the members present, then the yeas and nays shall not be taken.
The result of all votes taken by yeas and nays shall be entered on the Journal. When the yeas and nays are inserted on the Journal, the result of the vote as to total yeas, nays and absentees shall be recorded, with the names of the Senators voting yea or nay, and those absent.
When the yeas and nays are ordered, or a call of the Senate is directed, the names of the members shall be called in alphabetical order; excepting, however, the name of the President, which shall be called last.
After completion of a roll call vote, no member shall speak to explain his or her vote. A member's vote explanation shall not be printed in the daily Journal. A member may have his or her vote explanation printed in the bound Journal provided the member obtains the floor and makes this request immediately following announcement of the results of the roll call vote and disposition of the matter and delivers his or her written vote explanation to the Clerk within three legislative days during the session or, if there are less than three legislative days remaining in the session, within seventy-two hours after adjournment sine die. The Clerk shall note on the daily Journal for the day of the roll call vote that the member has reserved the privilege of having his or her vote explanation printed later in the bound Journal.
45. On all roll calls of the yeas and nays when the voting machine is not used, and before the result is announced, the Clerk shall at the request of any member read either the names of those who voted yea or of those who voted nay, whichever is the smaller number, and the names of those absent and not voting, if any, and shall announce that all others voted either yea or nay, whichever is the larger number. In the event of a tie vote, the Clerk shall upon such request read the names of those who voted yea and the names of those absent and not voting, if any, and shall announce that all others voted nay. At that time any member shall have the right to correct any mistake committed in enrolling his or her name. The vote then shall be announced and the count entered on the Journal.
45a. The voting machine may be used in taking the yeas and nays on any question. It may also be used for quorum calls and for determining the result when a division is demanded. When the machine is used for calling the attendance roll, a member shall indicate "present" by use of the green "yea" button.
When a vote is to be taken on the voting machine, the President shall announce the question to be voted upon and direct the Clerk to prepare the machine. When the machine is ready for voting, the President shall state, "The members will now vote." After reasonable time has been given for all members to vote, the President shall ask, "Have all members voted?" After a brief pause, the President shall direct the Clerk to close the machine and ascertain the result. The Clerk shall hand the record of the vote to the President who shall promptly announce the result. Voting shall be continuous and shall be permitted until the result thereof is announced by the President: Provided, That any vote cast after the machine has been closed shall be stated by the President as having been cast and such shall be entered on the Journal: Provided, however, That no vote may be cast after the vote has been announced.
While the members are voting and before the machine is closed, the wall display boards shall continuously display the vote of each member and the total pending vote.
Under no circumstance shall a member or nonmember vote on behalf of another member.
All other rules governing voting and the taking of the yeas and nays, insofar as applicable, shall apply to taking votes by means of the voting machine.
MESSAGES

46. The Clerk of the Senate may interchange messages with the Clerk of the House of Delegates during sessions of the Senate and between the hours of adjournment and that of meeting on the following legislative day.
47. Messages may be received in any stage of business except when a question is being put by the President, while the yeas and nays are being called by the Clerk or while the votes are being counted.
48. When a bill or resolution of the House of Delegates is passed or rejected by the Senate, the fact of its passage or rejection, with the bill or resolution shall be communicated to the House of Delegates.
JOURNAL

49. The Journal of the Senate shall be daily drawn up by the Clerk and shall be read, corrected and approved the succeeding day. It shall be printed under the supervision of the Clerk and delivered to the members without delay. After the printed Journal has been approved and fully marked for corrections, the type from which it was printed shall be changed in accordance therewith, and from the type so corrected shall be printed the number of copies required by law for the regular bound volumes of the Journal. In addition thereto ten copies shall be printed on 6 x 9 heavy weight bond paper with a certificate at the end thereof signed by the President and Clerk of the Senate certifying that the same is the Official Journal of the Senate. They shall be bound in flexible binding and bear the imprint on the back, "Official Journal of the Senate of West Virginia", with designation of regular or extraordinary session and the year. After being signed by the proper officers, two of these copies shall be retained in the office of the Clerk, one copy shall be lodged in the office of the Governor, one with the Secretary of State, one with the Division of Archives and History and one with the Clerk of the House of Delegates.
ABSENCE OF MEMBERS

50. No member shall absent himself or herself from the service of the Senate during its sittings without leave of the Senate, except in case of his or her sickness or other unavoidable cause which may prevent his or her attendance.
POWER OVER MEMBERS

51. No Senator shall be taken into custody by the Sergeant at Arms on any question of complaint of breach of privilege until the matter is examined by the Committee on Rules and reported to the Senate, unless by order of the President of the Senate.
52. The Senate may punish its own members for disorderly behavior, and with the concurrence of two thirds of the members elected thereto, expel a member, but not twice for the same offense.
POWER OVER OTHERS

53. The Senate may punish by imprisonment, any person not a member, for disrespectful behavior in its presence; for obstructing any of its officers in the discharge of their duties, or for any assault, threat or abuse of any member for words spoken in debate; but such imprisonment shall not extend beyond the termination of the session.
GUESTS AND PRIVILEGE OF THE FLOOR

54. No person except members of the House of Delegates, former members of the West Virginia Legislature who are not lobbyists, duly accredited representatives of the press, radio and television and legislative officers and employees engaged in the proper discharge of their duties, shall be admitted within the Senate Chamber while the Senate is in session. The rear or east balcony of the Senate Chamber shall be reserved for guests of the members of the Senate, and admission thereto shall be by pass signed by the President and the member seeking admission of the guest.
LOBBYING

55. No person, not a member of the Senate, shall, while within the Chamber when the Senate is in session, seek in any manner whatsoever to influence the vote or opinion of any Senator on any subject of legislative consideration, under penalty of disbarment from the Chamber for the remainder of the legislative session. No employee of the Senate shall, at any time, engage in such activity, under penalty of immediate dismissal by the Committee on Rules.
56. Repealed by S. R. 16, February 1, 1978.
NOMINATIONS AND CONFIRMATIONS

57. Unless the Senate directs otherwise by a vote of a majority of the members present, when nominations shall be made in writing by the Governor to the Senate, a future day shall be assigned for taking them into consideration and the nominations shall be referred to the Committee on Confirmations.
When considering and acting on the nominations of the Governor, the Senate shall be in open session. The voting on each nomination shall be by yeas and nays. The result of Senate action upon any nomination by the Governor shall be forthwith certified to the Governor in a formal communication signed by the President and attested by the Clerk.
DEFINING NEXT MEETING OF THE SENATE

57a. The phrase "next meeting of the Senate" contained in article seven, section nine of the Constitution of West Virginia means any time the full Senate is convened and includes, but is not limited to, any regular session, any extraordinary session called during any recess or adjournment of the Legislature, during any impeachment proceeding or any time the Senate is convened pursuant to section ten-a, article one, chapter four of the code of West Virginia.
CONSTITUTIONAL AMENDMENT

58. When an amendment to be proposed to the Constitution of West Virginia is under consideration, the vote of a majority of the members present shall be sufficient to decide an amendment thereto or any collateral or incidental questions. A proposed amendment to the Constitution of West Virginia, to be adopted, must be agreed to by a two-thirds vote of the members elected to the Senate.
ADJOURNMENT

59. When the Senate adjourns each day, it shall stand adjourned to 2 o'clock P.M. the next day, unless the Senate directs otherwise by a vote of a majority of the members present, and every member shall keep his or her seat until the President leaves the chair.
AMENDING RULES

60. All propositions to amend these standing rules or any order of the Senate shall be by resolution and be at once referred, without debate, to the Committee on Rules and shall be reported therefrom within seven legislative days. Any such resolution may be adopted by a majority vote.
SUSPENSION OF RULES OR ORDER

61. No standing rule or order of the Senate shall be suspended except by a vote of two thirds of all the members of the Senate present.
PARLIAMENTARY PROCEDURE

62. In all cases not provided for by these Rules of the Senate or the Joint Rules of the Senate and House of Delegates, the Senate shall be governed by Jefferson's Manual and Rules of the House of Representatives of the United States Congress and practices thereunder.
At the request of Senator Chafin, unanimous consent being granted, the resolution (S. R. No. 3) was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senator Helmick offered the following resolution:
Senate Resolution No. 4--Relating to the mailing of bills and journals.
Resolved by the Senate:
That during the regular and any extraordinary session of the seventy-eighth Legislature the Clerk of the Senate is hereby authorized to have mailed from the Senate document room copies of bills and daily journals of the Senate to addresses furnished by members of the Senate, twenty of which such addresses may be submitted by each; the expenses of such mailing, including postage, to be paid out of the contingent fund of the Senate by the Auditor of West Virginia, in advance of the appropriation therefor, under requisition drawn by the Clerk of the Senate.
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.
Senators Tomblin (Mr. President), Chafin and Caruth offered the following resolution:
Senate Concurrent Resolution No. 1--Adopting joint rules of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates governing the seventy-seventh Legislature are hereby adopted to govern the proceedings of the seventy-eighth Legislature, subject to subsequent amendment.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
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.
Senators Tomblin (Mr. President), Helmick and Caruth offered the following resolution:
Senate Concurrent Resolution No. 2--Relating to the payment of bills for supplies, services and printing and authorized contingent and other expenses of the seventy-eighth Legislature.
Resolved by the Legislature of West Virginia:
That for the regular and any extraordinary session of the seventy-eighth Legislature, the Auditor of West Virginia, in advance of the appropriation for such purposes, is hereby authorized, upon proper requisition of the Clerk of the Senate and the Clerk of the House of Delegates, to pay bills for supplies and for services furnished to the Legislature preparatory to the beginning of, during and following the adjournment of sessions, including contingent expenses of the respective houses; the per diem of officers, other than the President of the Senate and the Speaker of the House of Delegates, and employees of the Senate and of the House of Delegates; travel expenses of members as authorized by law; bills for legislative printing as the accounts for same become due; and any other authorized contingent and other expenses of the Legislature or the respective houses.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
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.
The Senate 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 Senators Foster, Hunter, Stollings, Jenkins, White and McCabe:
Senate Bill No. 1--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-9a, relating to prohibiting the sale of candy- or fruit- flavored cigarettes in this state.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Deem, Hunter, Barnes, Sypolt and Boley:
Senate Bill No. 2--A Bill to amend and reenact §29-22B-1902 of the Code of West Virginia, 1931, as amended, relating to allowing a county commission to provide, by ordinance, for regulation and restriction of the location of any premises in which a limited video lottery retailer holds a license.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Deem and Sypolt:
Senate Bill No. 3--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 21-12h, relating to allowing a federal adjusted gross income deduction for the amount spent on a high-deductible health plan purchased in conjunction with a health savings account.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster, Unger and Hunter:
Senate Bill No. 4--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 called to active duty in combat areas; establishing a Service Members' Group Life Insurance Reimbursement Fund in the State Treasury; and promulgation of emergency rules.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 5--A Bill to amend and reenact §5A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-1-1 of said code, all relating to placing the West Virginia Science and Culture Center under the authority and control of the General Services Division of the Department of Administration.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fanning and Barnes:
Senate Bill No. 6--A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law- enforcement powers; and empowering conservation officers to stop and board vessels to conduct safety checks to ensure vessels are properly equipped and licensed.
Referred to the Committee on Natural Resources.
By Senators Foster, Stollings, Hunter, Kessler, Barnes, Jenkins and McCabe:
Senate Bill No. 7--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16- 1-19; and to amend and reenact §52-1-8 of said code, all relating to public health; recognizing health benefits of breast feeding for both mother and infant; requiring Secretary of the Department of Health and Human Resources to develop program to encourage and recognize employers with mother-infant-friendly policies; requiring rules; and providing that breast-feeding mothers may be excused from jury duty.
Referred to the Committee on Health and Human Resources.
By Senators Prezioso, Minard, Love, Hunter, Barnes, Stollings and Jenkins:
Senate Bill No. 8--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to county boards of education; and requiring reimbursement for the full cost of providing school nurses from funds appropriated to the State Department of Education.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 9--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 Senators Caruth, Stollings, Barnes and Sypolt:
Senate Bill No. 10--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 who receive money from a state agency 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 Senators Caruth, Barnes and Sypolt:
Senate Bill No. 11--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33- 42-9, relating to requiring that every woman seeking an abortion be given the opportunity to see an ultrasound image of the fetus; prescribing a criminal penalty for violations of said section; and providing that nothing in said section can be construed as approving of abortion.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Hunter, Kessler and Yoder:
Senate Bill No. 12--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-6-111, all relating to defining "consumer reporting agency"; requiring consumer reporting agencies to notify consumers of negative credit reports in advance of their release; and providing a cause of action and civil penalties for violations.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard and Sharpe:
Senate Bill No. 13--A Bill to amend and reenact §50-1-9a of the Code of West Virginia, 1931, as amended, relating to increasing the number of allowable magistrate court deputy clerks; and designating an additional deputy clerk for Braxton County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Love and Hunter:
Senate Bill No. 14--A Bill to amend and reenact §62-12-23 of the Code of West Virginia, 1931, as amended, relating to notification of parole hearings; victim's right to be heard; and adding to the crimes committed by an offender for which the preparation of a parole hearing notification form and notification of release on parole is required.
Referred to the Committee on the Judiciary.
By Senators Love, Minard, Hunter, Kessler, Barnes, Unger and Yoder:
Senate Bill No. 15--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-2a, relating to retention salary increases for Division of Corrections' and Division of Juvenile Services' employees based on years of service.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Deem:
Senate Bill No. 16--A Bill to amend and reenact §18B-10-1 of the Code of West Virginia, 1931, as amended, relating to tuition and fees at institutions of higher education; and authorizing each higher education governing board to increase fees of students taking more hours of course work than the number of hours of course work defined as full time.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Hunter, Oliverio, Unger, Stollings and Foster:
Senate Bill No. 17--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting the retirement benefits of certain annuitants under the State Teachers Retirement System from state income tax.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Minard, Stollings, Hunter, Kessler, Sprouse and McCabe:
Senate Bill No. 18--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5- 16-7f; and to amend said code by adding thereto a new section, designated §9-5-20, all relating to requiring coverage from the Public Employees Insurance Agency and Medicaid for testing for chronic kidney disease; public education of providers on management of chronic kidney disease; and defining diagnostic criteria for chronic kidney disease.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 19--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2F-1, §5B-2F-2, §5B-2F-3, §5B-2F-4, §5B-2F-5 and §5B-2F-6, all relating to requiring a jobs impact statement for certain proposed legislation.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senators Jenkins, Barnes, Plymale and Yoder:
Senate Bill No. 20--A Bill to amend and reenact §31-20-2 and §31-20-10 of the Code of West Virginia, 1931, as amended, all relating to defining "arresting agency"; and providing that the arresting agency shall pay the cost for the initial twenty-four hours of incarceration for each inmate it arrests who is incarcerated.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 21--A Bill to amend and reenact §21-11-14 of the Code of West Virginia, 1931, as amended, relating to granting the West Virginia Contractor Licensing Board the authority to restrict a licensee's ability to work until the licensee satisfies an adverse judgment in favor of a consumer entered by a magistrate or circuit court.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Yoder, Barnes, Oliverio and Unger:
Senate Bill No. 22--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-5a, relating to providing a housing supplement for members of the State Police.
Referred to the Committee on Finance.
By Senators Yoder, Sypolt, Prezioso, Stollings, Caruth, Unger, Barnes, Hall, Sprouse, Guills and Sharpe:
Senate Bill No. 23--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 24-12a, relating to providing a corporate tax credit for qualified health insurance policies provided by corporate employers to employees.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Yoder:
Senate Bill No. 24--A Bill to establish a volunteer litter reporting pilot project in Berkeley County.
Referred to the Committee on the Judiciary.
By Senators Caruth and Guills:
Senate Bill No. 25--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-9- 4, relating to attendance of officers and employees at official meetings of a municipal governing body or committees thereof which require the presence of a quorum for the conduct of business.
Referred to the Committee on Government Organization.
By Senators Caruth, Love, Barnes, Sypolt, Sprouse, Yoder, Hunter and White:
Senate Bill No. 26--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-7-6a, all relating to deleting the provision allowing nonresidents licensed to carry handguns in another state to carry concealed handguns in this state if their state has a reciprocal agreement with this state; providing, however, that such nonresidents may carry their guns if the other state grants the same right to residents of West Virginia; and requiring the Attorney General to verify which states confer the same rights.
Referred to the Committee on the Judiciary.
By Senators Caruth, Sprouse, Foster, Barnes and Unger:
Senate Bill No. 27--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-4- 6b, relating to establishing the Commission for a Drug-Free West Virginia; and providing for creation of local coordinating councils.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Hunter, Stollings and Jenkins:
Senate Bill No. 28--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §46-9-410, relating to the use of checks, bank account debit authorizations or share drafts as security for loans or cash advances made for personal, family or household purposes.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Caruth, Hunter, Guills, Barnes, Oliverio and Unger:
Senate Bill No. 29--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 Senator Caruth:
Senate Bill No. 30--A Bill to amend and reenact §16-2D-3 of the Code of West Virginia, 1931, as amended, relating to providing for the elimination of the restriction for charging or billing for ventilator beds in health care facilities.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Caruth, Love and Sypolt:
Senate Bill No. 31--A Bill to amend and reenact §48-10-502 of the Code of West Virginia, 1931, as amended, relating to factors to be considered in granting grandparent visitation.
Referred to the Committee on the Judiciary.
By Senators Minard and Sprouse:
Senate Bill No. 32--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31A- 2-8b, relating to the authority of the Commissioner of Banking to enter into contracts with depository institutions to provide loan review services; and providing that funds obtained from contracts for loan review services shall be treated the same as bank assessment funds established by said code.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 33--A Bill to amend and reenact §62-12-19 of the Code of West Virginia, 1931, as amended, relating to release on parole; and providing that a person who has had his or her parole revoked three times is not eligible for parole and must serve the remainder of his or her term of confinement.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard and Sprouse:
Senate Bill No. 34--A Bill to amend and reenact §46A-7-115 of the Code of West Virginia, 1931, as amended, relating to consumer credit and protection generally; requiring persons engaged in making consumer credit sales and certain other consumer-related activities to register with the Commissioner of Banking instead of filing a notification with the Tax Division; setting forth the provisions of a registration form; providing for a registration fee; and exempting certain other organizations and individuals from the registration requirements.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 35--A Bill to amend and reenact §62-12-10 of the Code of West Virginia, 1931, as amended, relating to limiting the eligibility of a person for parole if the person has violated the terms and conditions of probation or home incarceration.
Referred to the Committee on the Judiciary.
By Senators Minard and Sharpe:
Senate Bill No. 36--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 Health and Human Resources; and then to the Committee on Banking and Insurance.
By Senator Minard:
Senate Bill No. 37--A Bill to amend and reenact §46A-4-101 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §46A-4-102a, all relating to the authority of regulated consumer lenders to make loans; and requiring continuing education of individual regulated consumer lender loan originators.
Referred to the Committee on Banking and Insurance.
By Senators Yoder, Kessler, Helmick, Guills, Bailey and Facemyer:
Senate Bill No. 38--A Bill to amend and reenact §4-2A-2 and §4-2A-4 of the Code of West Virginia, 1931, as amended, all relating to implementing the recommendations of the Citizen's Legislative Compensation Commission by enhancing the compensation of legislators.
Referred to the Committee on Finance.
By Senators Deem, Barnes and Boley:
Senate Bill No. 39--A Bill to amend and reenact §29-22B-702 of the Code of West Virginia, 1931, as amended, relating to prohibiting the placement of automated teller machines in establishments that contain video lottery terminals.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Love:
Senate Bill No. 40--A Bill to amend and reenact §5-10-15a of the Code of West Virginia, 1931, as amended, relating to allowing state employees who were unable to convert accumulated sick leave into credited service for retirement, due to having to use it during times of illness, to have the option to purchase it back by having withholdings taken from future pay.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Love, Hunter, Barnes, Oliverio, Yoder and Unger:
Senate Bill No. 41--A Bill to amend and reenact §15-2-7 of the Code of West Virginia, 1931, as amended, relating to providing a salary increase for civilian employees of the State Police.
Referred to the Committee on Finance.
By Senators Minard and Sprouse:
Senate Bill No. 42--A Bill to amend and reenact §31-17-5, §31- 17-8 and §31-17-14 of the Code of West Virginia, 1931, as amended, all relating to mortgage license provisional approval; disclosure of fees in a mortgage loan; and administrative hearing, appeal and scheduling procedure.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Caruth, Love, Hunter and Guills:
Senate Bill No. 43--A Bill to amend and reenact §5-16-5 of the Code of West Virginia, 1931, as amended, relating to prohibiting the Public Employees Insurance Agency from setting a retired employee's premium at an amount more than fifty percent of the retired employee's annuity from a public retirement plan administered by the Consolidated Public Retirement Board.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 44--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31- 20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a work program for qualified inmates sentenced to a regional jail facility; and specifying minimum requirements for the program and distribution of money earned in the program.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Love:
Senate Bill No. 45--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31- 20-30, relating to allowing the Executive Director of the West Virginia Regional Jail and Correctional Facility Authority to establish a relocation assistance program for nonprobationary correctional officers who volunteer to relocate from an adequately staffed regional jail to a regional jail that is persistently understaffed; and providing certain subjects be addressed in the program.
Referred to the Committee on Finance.
By Senators Foster, Sharpe and Plymale:
Senate Bill No. 46--A Bill to amend and reenact §12-6-9c and §12-6-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-6- 18, all relating to investment powers of the Investment Management Board; removing certain requirements regarding investments in the securities of any interest in any investment company or investment trust under the Investment Act of 1940; increasing the percentage of investments that may be made in equities in some cases; defining "international securities"; eliminating certain restrictions on the purchase of securities in corporate debt; eliminating the requirement that a list of approved securities be maintained by the board; authorizing investments that are commonly invested in by pension funds similar to the funds managed by the board, subject to certain restrictions and limitations; authorizing the board to enter into market transactions commonly engaged in by pension funds similar to the funds managed by the board, subject to certain restrictions and limitations; and specifying that the investment powers of the board are to be broadly and liberally construed to permit the board to achieve its corporate purposes, consistent at all times with the prudent investor standard.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bowman, Hunter and Sprouse:
Senate Bill No. 47--A Bill to amend and reenact §5-10-22 of the Code of West Virginia, 1931, as amended, relating to public employees retirement generally; and increasing the multiplier from two percent to two and one-quarter percent.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Deem and Hunter:
Senate Bill No. 48--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; clarifying certain definitions; making it a misdemeanor offense to abandon a motor vehicle which is unlicensed or inoperable, or both, upon any private property for a period of more than thirty days unless the vehicle is in an enclosed building; setting forth certain exceptions; and penalties.
Referred to the Committee on the Judiciary.
By Senators Fanning and Love:
Senate Bill No. 49--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4i; to amend said code by adding thereto a new section, designated §33-16-3s; to amend said code by adding thereto a new section, designated §33-24-7i; and to amend said code by adding thereto two new sections, designated §33-25-8g and §33-25-8h, all relating to insurance coverage for acupuncture treatment generally; and providing insurance coverage under the Public Employees Insurance Act and certain other insurance policies for acupuncture treatment performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 50--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33- 6-38, relating to creating the Physicians Lien Act; providing for physician liens on claims and causes of action by injured parties; providing for the release of physician records; providing for adjudication of claims; excluding certain benefits; and establishing priority of lien.
Referred to the Committee on the Judiciary.
By Senators Foster and Sprouse:
Senate Bill No. 51--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 Jenkins, Unger and Sharpe:
Senate Bill No. 52--A Bill to amend and reenact §11-15-3a of the Code of West Virginia, 1931, as amended, relating to the gradual elimination of consumers sales and service tax on food and food ingredients intended for human consumption.
Referred to the Committee on Finance.
By Senators Yoder, Barnes, Hall and Unger:
Senate Bill No. 53--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-6B-8, relating to providing an election for county commissions to allow resident homeowners, sixty-five years old or older, to defer the payment of property tax increases to their residential property during their lifetimes.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 54--A Bill to amend and reenact §21A-6-3 of the Code of West Virginia, 1931, as amended, relating to providing that an individual who provides notice of future voluntary resignation but is required to leave his or her employment prior to the prospective resignation date remains qualified for unemployment benefits from the time the notice is given to the employer until the end of the notice period or thirty days, whichever period is shorter.
Referred to the Committee on the Judiciary; and then to the Committee on Finance
By Senators Caruth, Guills, Yoder and Hall:
Senate Bill No. 55--A Bill to amend and reenact §43-2-1 of the Code of West Virginia, 1931, as amended, relating to updating the mortality tables used in the valuation of a life estate; and providing that the most recent mortality tables and formulas established under provisions of 26 U. S. C. §7520 of the United States Internal Revenue Code shall be used for determining the value of life estates.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 56--A Bill to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of the Code of West Virginia, 1931, as amended, all relating to Purchasing Card Program; expanding purchasing card use for state agencies; authorizing additional uses for money from the Purchasing Card Administration Fund; and increasing the membership of the Purchasing Card Advisory Committee.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 57--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.
Referred to the Committee on Banking and Insurance.
By Senator Sharpe:
Senate Bill No. 58--A Bill to amend and reenact §11-15-2 of the Code of West Virginia, 1931, as amended, relating to the definition of "commercial laundry" and "linen and garment rental service"; and including commercial laundry and linen and garment rental service establishments in the class of persons, firms and corporations included in the definition of manufacturing for consumers sales and service tax purposes.
Referred to the Committee on Finance.
By Senators Prezioso and McCabe:
Senate Bill No. 59
--A Bill to amend and reenact §5-11A-3 and §5-11A-3a of the Code of West Virginia, 1931, as amended; to amend and reenact §21-11-3 of said code; and to amend said code by adding thereto a new section, designated §21-11-10a, all relating to defining "universal design"; providing immunity from civil damages to a worker, contractor, engineer or architect who, in good faith, provides services for materials, without remuneration, to build or install basic universal design features in accordance with applicable codes and state and federal laws; and providing for a standard form informational list of basic universal design features to be provided to a future buyer of any proposed residential housing in the state by the licensed contractor.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 60
--A Bill to repeal §14-2-2 of the Code of West Virginia, 1931, as amended, relating to venue for certain suits and actions involving the state which may only be brought and prosecuted in the circuit court of Kanawha County.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman and Hunter:
Senate Bill No. 61
--A Bill to amend and reenact §11-21-12d of the Code of West Virginia, 1931, as amended, relating to providing a personal income tax adjustment to the gross income of certain retirees receiving pensions from defined pension plans that terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Love, Stollings and Barnes:
Senate Bill No. 62
--A Bill to amend and reenact §20-2-42d of the Code of West Virginia, 1931, as amended, relating to requiring nonresident applicants for hunting licenses to provide proof they are holders in good standing of equivalent hunting licenses in their resident states prior to being eligible for a nonresident hunting license in this state.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Kessler, Edgell, Love, Hunter, Foster and Bowman:
Senate Bill No. 63
--A Bill to amend and reenact §33-20-5 of the Code of West Virginia, 1931, as amended, relating to insurance generally; and prohibiting the use of a credit score in casualty insurance rate filings.
Referred to the Committee on Banking and Insurance.
By Senator Jenkins:
Senate Bill No. 64
--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Government Organization.
By Senators Minard, Hunter, Stollings, Jenkins, Unger, Yoder and Barnes:
Senate Joint Resolution No. 1--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; 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 Senator Yoder:
Senate Joint Resolution No. 2--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 Judiciary; and then to the Committee on Finance.
By Senators Caruth, Guills, Barnes, Hall and Yoder:
Senate Joint Resolution No. 3--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 clarifying that the Constitution does not require the State to pay for any abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Yoder and Barnes:
Senate Joint Resolution No. 4
--Proposing an amendment to the Constitution of the State of West Virginia, amending sections two and five, article VIII thereof, relating to providing for the merit selection of Justices of the Supreme Court of Appeals and circuit court judges; 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 Senator Love:
Senate Joint Resolution No. 5
--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 toward 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.
Senators Yoder and Unger offered the following resolution:
Senate Concurrent Resolution No. 3--Urging the federal government enact legislation designating the 175-mile corridor along U. S. Route 15, which includes Harpers Ferry and Shepherdstown, as a National Heritage Area.
Whereas, Urban sprawl has encroached significantly on the important historical places and monuments located along the corridor from Gettysburg, Pennsylvania, to Charlottesville, Virginia; and
Whereas, The heritage area designation will increase the chances of preserving the region's rural heritage, draw new tourism to the area and help market its numerous historic sites; and
Whereas, It is only fitting and proper that this corridor be preserved as a National Heritage Area and designated as the "Hallowed Ground" of which President Lincoln reminded us in his famous Gettysburg address; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the federal government to enact legislation designating the 175-mile corridor along U. S. Route 15, which includes Harpers Ferry and Shepherdstown, as a National Heritage Area; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States and West Virginia's congressional delegation.
Which, under the rules, lies over one day.
Senator Jenkins offered the following resolution:
Senate Concurrent Resolution No. 4--Requesting the Joint Committee on Government and Finance direct the Commission on Interstate Cooperation study the laws of West Virginia and other states relating to extradition.
Whereas, While the State of West Virginia has a relatively low crime rate, trends in violent crime connected to drug trafficking and drug dealing have risen and become a very serious problem in certain areas of the state; and
Whereas, With most of the population centers located in border communities, much of the drug trafficking in our communities is coming from across our state's borders; and
Whereas, Law-enforcement efforts are being enhanced in response to this disturbing trend; and
Whereas, It is often discovered that the arrested nonresident individuals have outstanding warrants from jurisdictions outside West Virginia; and
Whereas, Experience has shown that despite outstanding warrants the issuing jurisdiction often shows little or no interest in making any effort to have the individual returned when notified the individual is in custody in West Virginia; and
Whereas, As a result, many of these individuals are released back into our communities after the West Virginia charges are addressed; and
Whereas, Careful examination of interstate cooperation relating to extradition needs to be made in an effort to encourage that all individuals arrested in West Virginia found to have warrants outstanding from other jurisdictions are sent back to the warrant-issuing jurisdiction; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Commission on Interstate Cooperation to study the laws of West Virginia and other states relating to extradition; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Helmick, Edgell, Hunter, Kessler, Barnes, McCabe, Plymale, Bailey, Green and Unger offered the following resolution:
Senate Concurrent Resolution No. 5--
Requesting the Joint Committee on Government and Finance study the state and local tax structure in West Virginia.
Whereas, The state and local tax structure should provide fairness among taxpayers while avoiding an undue burden on government in regard to tax administration and enforcement; and
Whereas, The state and local tax structure should operate efficiently in order to provide adequate revenues necessary to conduct the operations of state and local government; and
Whereas, Reviewing the current tax structure is necessary to ensure that it provides a fair, stable and accountable tax system which stimulates a growing and broad tax base and reflects the changing economy of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the state and local tax structure in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study should incorporate the 1999 report of the Governor's Commission on Fair Taxation; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Jenkins offered the following resolution:
Senate Concurrent Resolution No. 6--Requesting the Joint Committee on Government and Finance direct the Legislative Oversight Commission on Health and Human Resources Accountability to study the potential benefits of sexual assault nurse examiner (SANE) programs.
Whereas, Sexual assault is a prevalent crime that has a devastating long-term impact on all victims. In the United States, one in three women and one in seven men have been victims of sexual assault and one in four girls and one in six boys will be sexually victimized before reaching age 18; and
Whereas, Of the approximately 750,000 adult women living in West Virginia, approximately 85,000 have been sexually assaulted at least once during their lives; and
Whereas, Formal training of registered nurses to become sexual assault nurse examiners (SANE) is essential for conducting the forensic examination of the victim of a sexual assault; and
Whereas, Currently there are approximately 159 registered nurses trained as SANEs in 38 of the 69 licensed medical facilities in the State of West Virginia; and
Whereas, A SANE program may be tailored to the needs of any locality or region to provide a victim-sensitive solution to systemic gaps in response to sexual assault victims; and
Whereas, The Regional Mobile SANE Project proved extremely successful its first year of operation in the northern part of the state. The project allowed four hospitals to share trained nurses and resulted in 24-hour-a-day, seven-day-a-week coverage for all four hospitals; and
Whereas, The West Virginia Foundation for Rape Information and Services, the Marshall University Forensic Science Center and the West Virginia State Police Crime Laboratory together have provided classroom-based SANE training to registered nurses in the State of West Virginia since 2001 and are interested in developing and utilizing distance education modalities in the future; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to direct the Legislative Oversight Commission on Health and Human Resources Accountability to study the potential benefits of sexual assault nurse examiner (SANE) programs; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability determine the benefits to each licensed medical facility in West Virginia of participating in a regional alliance of facilities sharing a pool of fully trained SANE nurses; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability assess prosecution of cases involving forensic evidence collected by SANEs to determine whether more licensed health care facilities should participate; and, be it
Further Resolved, That the Legislative Oversight Commission on Health and Human Resources Accountability explore the possibility of utilizing distance education modalities associated with institutions of higher education to promote future SANE training in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Helmick, Edgell, Barnes and McCabe offered the following resolution:
Senate Concurrent Resolution No. 7--Requesting the Joint Committee on Government and Finance study state agencies' use of meeting facilities at state parks, state forests and other state- owned and -operated facilities.
Whereas, Almost every agency of state government conducts training, seminars and meetings for its employees throughout the year; and
Whereas, Many of these meetings are held throughout the state at privately operated venues in close proximity of state-owned and -operated meeting facilities; and
Whereas, There are potential savings to state agencies and the state from the use of state-owned and -operated facilities and the facilities may benefit by having lower vacancy rates and full-year activities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study state agencies' use of meeting facilities at state parks, state forests and other state-owned and -operated facilities; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the cost effectiveness of requiring state agencies to use these state-owned and -operated facilities for meetings and training and whether these facilities are available for use by state agencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Deem, Hunter, Kessler and Barnes offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Joint Committee on Government and Finance study predatory mortgage lending practices.
Whereas, Certain financial institutions are aggressively recruiting customers for high-cost mortgage loans, often lending amounts which the customer can clearly never afford to repay; and
Whereas, This practice is commonly referred to as predatory lending or predatory mortgage lending; and
Whereas, Many of these institutions appear to be intent upon making those mortgage loans for the purpose of foreclosure in order to acquire the customers' homes. Many of these mortgage loans contain onerous terms that make them virtually impossible for some customers to repay; and
Whereas, Approximately one half of states regulate predatory mortgage lending; and
Whereas, The citizens of West Virginia would benefit from a study to determine to what extent and in what manner the State of West Virginia should regulate predatory mortgage lending; and
Whereas, To determine the most effective means of regulating this industry, as well as to determine the impact of such action upon West Virginia citizens, it is necessary to study the practice of predatory mortgage lending; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study predatory mortgage lending practices; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Fanning, Hunter and Stollings offered the following resolution:
Senate Concurrent Resolution No. 9--Requesting the Director of the Division of Homeland Security and Emergency Management immediately repair inoperative Integrated Flood Warning System rain and stream gauges to a minimum operational efficiency rating of 90 percent and provide ongoing maintenance.
Whereas, The Division of Homeland Security and Emergency Management operates the Integrated Flood Warning System, known as IFLOWS, which is made up of a computer-operated communications network and rain and stream gauges; and
Whereas, Flood warnings and flood watches in West Virginia are issued by the National Weather Service based upon information obtained from IFLOWS rain and stream gauges located throughout the state; and
Whereas, Advanced flood warning is critical to saving lives, reducing property damage and reducing disruption of commerce and human activities; and
Whereas, In July, 2003, the National Weather Service recognized West Virginia as having the largest and most reliable IFLOWS network of the 13 states in the eastern district with an operational efficiency rating over 90 percent; and
Whereas, In July, 2004, the operational efficiency rating was at 60 percent and remained at the same level four months later; and
Whereas, The National Weather Service provides an annual grant to the IFLOWS program which provides nearly 25 percent of program funding; and
Whereas, IFLOWS grants to states are competitively awarded on merit and the ability of a state to maintain its IFLOWS network is a key criteria by which a state is judged; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Director of the Division of Homeland Security and Emergency Management immediately repair inoperative Integrated Flood Warning System rain and stream gauges to a minimum operational efficiency rating of 90 percent and provide ongoing maintenance; and, be it
Further Resolved, That the Director of the Division of Homeland Security and Emergency Management report to the Joint Committee on Government and Finance on or before the first day of June, 2007, and thereafter as may be required, as to the operational efficiency of the IFLOWS network.
Which, under the rules, lies over one day.
Senators Yoder, Barnes and Unger offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the State of West Virginia and the federal government recognize the counties of Berkeley and Jefferson as part of the historic Shenandoah Valley.
Whereas, The Shenandoah Valley begins at the Potomac River in the State of West Virginia and continues southwestward to the city of Roanoke in the State of Virginia, and is flanked by the Blue Ridge Mountains to the east and by the Allegheny Mountains to the west; and
Whereas, The Potomac River forms the northern boundary for the counties of Berkeley and Jefferson in the State of West Virginia and the Blue Ridge Mountains are in eastern Jefferson County and the Allegheny Mountains are in western Berkeley County. The Shenandoah River flows northward and empties into the Potomac River at Harpers Ferry, Jefferson County; and
Whereas, The State of West Virginia was originally part of the Commonwealth of Virginia until June 20, 1863. The counties of Berkeley and Jefferson were not officially annexed by the State of West Virginia until 1872 upon the ruling of the United States Supreme Court; and
Whereas, In 1996, the United States Congress established the Shenandoah Valley Battlefields National Historic District and Commission in the State of Virginia and did not include the counties of Berkeley and Jefferson in the State of West Virginia; and
Whereas, Harpers Ferry, Jefferson County, is recognized as a historical area and the events which transpired there enriched our country's heritage; and
Whereas, The city of Martinsburg, Berkeley County, is recognized as a historical area and has many historical buildings, including the Roundhouse. Boydville, Berkeley County, is a historic farm that deserves national recognition; and
Whereas, The counties of Berkeley and Jefferson in the State of West Virginia should be eligible to become part of the Shenandoah Valley Battlefields National Historic District and Commission and be eligible for any other federal programs that are available for the Shenandoah Valley; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the State of West Virginia and the federal government recognize the counties of Berkeley and Jefferson as part of the historic Shenandoah Valley; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the President of the United States, West Virginia's congressional delegation, the Governor of the State of West Virginia, the county commissions of Berkeley and Jefferson counties and the mayors and city councils of Bolivar, Charles Town, Harpers Ferry, Hedgesville, Martinsburg, Ranson and Shepherdstown.
Which, under the rules, lies over one day.
Senators Yoder, Barnes and Unger offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the Joint Committee on Government and Finance study providing safe and affordable housing for State Police officers and their families.
Whereas, State Police officers are often required to transfer as job assignments, promotions and the public safety needs of this state require; and
Whereas, State Police officers and their families deserve to live in safe and affordable housing in the communities in which they serve; and
Whereas, The compensation of State Police officers does not account for the differential in housing costs throughout the state nor the ability of State Police officers to find safe and affordable housing for their families in high-cost housing areas of the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study providing safe and affordable housing for State Police officers and their families; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Foster, Hunter and McCabe offered the following resolution:
Senate Concurrent Resolution No. 12--
Requesting the Joint Committee on Government and Finance study beverage container recycling.
Whereas, In order for the State of West Virginia to meet the requirements of the West Virginia Recycling Act, which mandates recycling goals of 50 percent by January 1, 2010, it is imperative that new opportunities for recycling be developed; and
Whereas, Beverage containers are the most valuable and recyclable commodity in the waste stream and make up a significant portion of the state's litter. The discarding of these containers is an unnecessary addition to the state's litter problem and its solid waste disposal system; and
Whereas, A deposit system for beverage containers, similar to those in place in some other states, would place a small refundable deposit on beverages sold in West Virginia which, in turn, could reduce the volume of waste and litter, increase recycling opportunities, contribute to the existing recycling system and create new jobs and wider employment in the recycling industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study beverage container recycling; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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 Foster, Minard and Hunter offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the Joint Committee on Government and Finance study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees.
Whereas, The State of West Virginia and its political subdivisions currently have employees participating in defined benefit pension plans and defined contribution pension plans, with a majority of state and local employees participating in a defined benefit plan; and
Whereas, The private sector has moved increasingly toward providing defined contribution pension plans to employees to reduce costs associated with defined benefit plans; and
Whereas, The defined contribution pension plans, while potentially offering employer savings, place the risk of investment performance on the employee and, thus, offer less retirement income stability to employees; and
Whereas, The financial costs associated with public employee pension plans have increasingly become a burden on the state and its political subdivisions. A comprehensive study of recent trends in the private sector, the federal government and other states is needed to determine an appropriate course of action to ensure that meaningful pension benefits are provided to public employees in the future, while ensuring that those pension plans are also financially sustainable by state and local governments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the risks, benefits and costs of defined benefit pension plans and defined contribution pension plans provided to state and local government employees; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, 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.
Without objection, the Senate returned to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 1, Adopting joint rules of Senate and House of Delegates.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 2, Relating to payment of supplies, services, printing and other expenses.
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. 1--Inviting His Excellency, the Governor, to address the Legislature and raising a Joint Assembly therefor.
Whereas, His Excellency, the Governor, has advised that he will be pleased to address a Joint Assembly of the Senate and House of Delegates at the convenience of the two houses; therefore, be it
Resolved by the Legislature of West Virginia:
That His Excellency, the Governor, be hereby invited to address a Joint Assembly of the Legislature at 7:00 o'clock postmeridian this day; and, be it
Further Resolved, That the President of the Senate and the Speaker of the House of Delegates appoint three members of each of the respective houses of the Legislature as a committee to wait upon His Excellency, the Governor, and escort him into the Hall of the House of Delegates at the time herein appointed for hearing the address.
The message further announced the appointment of the following committee on the part of the House of Delegates:
Delegates Hatfield, Argento and Rowan.
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Whereupon, the President appointed as Senate members of such committee, authorized by the foregoing resolution, the following:
Senators Chafin, Sharpe and Caruth.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate recessed until 6:45 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The hour of 7 p.m. having arrived, that being the time set for the joint assembly to hear the address of His Excellency, the Governor, the Senate recessed until fifteen minutes after adjournment of the joint assembly. Members of the Senate then repaired in a body to the hall of the House of Delegates.
***

(NOTE: For formal procedure in the joint assembly and the address of His Excellency, the Governor, the Honorable Joe Manchin III, see the Journal of the House of Delegates for this day.)
__________

Night Session

The joint assembly having been dissolved, the Senate returned to its chamber and resumed its regular session.
Executive Communications

Senator Tomblin (Mr. President) presented the following communication from His Excellency, the Governor, submitting the Executive Budget and annual budget bill, which was received and read by the Clerk:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 10, 2007

Senate Executive Message No. 1
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
I herewith submit, pursuant to the Constitution of the State of West Virginia, a budget and budget bill for the fiscal year beginning July 1, 2007.
Very truly yours,
Joe Manchin III,
Governor.
Subsequently, Senator Tomblin (Mr. President) laid before the Senate the aforementioned annual budget bill,
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 65--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
Which was read by its title and referred to the Committee on Finance.
Senator Tomblin (Mr. President) announced appointment of the standing committees of the Senate for this seventy-eighth Legislature, and at the request of Senator Chafin, and by unanimous consent, the complete list was ordered printed in the Journal as follows:
STANDING COMMITTEES OF THE SENATE

2007

__________

AGRICULTURE

Senators Edgell (Chair), Love (Vice Chair), Bailey, Helmick, Hunter, Sharpe, Unger, Barnes, Facemyer, Guills and Sypolt.
BANKING AND INSURANCE

Senators Minard (Chair), Jenkins (Vice Chair), Chafin, Fanning, Foster, Helmick, Kessler, Prezioso, Sharpe, Deem, Facemyer, Guills and Yoder.
CONFIRMATIONS

Senators Love (Chair), Chafin (Vice Chair), Bailey, Bowman, Minard, Plymale, Hall, McKenzie and Yoder.
ECONOMIC DEVELOPMENT

Senators McCabe (Chair), Oliverio (Vice Chair), Bowman, Fanning, Helmick, Kessler, Minard, Plymale, Prezioso, Unger, Caruth, Facemyer, McKenzie and Sprouse.
EDUCATION

Senators Plymale (Chair), Edgell (Vice Chair), Bailey, Green, Hunter, Oliverio, Stollings, Unger, Wells, White, Boley, Guills, Hall and Sprouse.
ENERGY, INDUSTRY AND MINING

Senators Sharpe (Chair), Hunter (Vice Chair), Fanning, Green, Helmick, Jenkins, Kessler, Stollings, Wells, Deem, Guills, Sprouse and Sypolt.
FINANCE

Senators Helmick (Chair), Sharpe (Vice Chair), Bailey, Bowman, Chafin, Edgell, Fanning, Love, McCabe, Plymale, Prezioso, Unger, Boley, Facemyer, Guills, Sprouse and Sypolt.
GOVERNMENT ORGANIZATION

Senators Bowman (Chair), Bailey (Vice Chair), Foster, Jenkins, Kessler, McCabe, Minard, Plymale, Stollings, White, Barnes, Boley, Sypolt and Yoder.
HEALTH AND HUMAN RESOURCES

Senators Prezioso (Chair), Stollings (Vice Chair), Bailey, Foster, Green, Hunter, Jenkins, McCabe, Sharpe, Boley, Guills, Hall and Sprouse.
INTERSTATE COOPERATION

Senators Jenkins (Chair), Foster (Vice Chair), Minard, Stollings, Wells, Caruth and Sypolt.
JUDICIARY

Senators Kessler (Chair), Oliverio (Vice Chair), Chafin, Foster, Green, Hunter, Jenkins, Minard, Stollings, Wells, White, Barnes, Caruth, Deem, Hall, McKenzie and Yoder.
LABOR

Senators Oliverio (Chair), Green (Vice Chair), Edgell, Foster, Love, Prezioso, Wells, White, Barnes, Deem and Yoder.
MILITARY

Senators Hunter (Chair), Wells (Vice Chair), Bailey, Edgell, Minard, Oliverio, Boley, Hall and Sypolt.
NATURAL RESOURCES

Senators Fanning (Chair), White (Vice Chair), Bowman, Green, Helmick, Love, McCabe, Prezioso, Unger, Barnes, Deem, Facemyer and McKenzie.
PENSIONS

Senators Foster (Chair), McCabe (Vice Chair), Edgell, Oliverio, Plymale, Deem and Hall.
RULES

Senators Tomblin (Chair), Bowman, Chafin, Helmick, Kessler, Prezioso, Sharpe, McKenzie, Boley and Caruth.
TRANSPORTATION AND INFRASTRUCTURE

Senators Unger (Chair), Jenkins (Vice Chair), Fanning, Love, Stollings, White, Barnes, Facemyer and McKenzie.
__________

JOINT COMMITTEES

__________

ENROLLED BILLS

Senators White (Cochair), Green, Love, Sprouse and Yoder.

__________

The President then announced the appointment of Senator Chafin, of the County of Mingo, as majority leader of the Senate;
Senator Caruth, of the County of Mercer, as minority leader of the Senate;
Senator Bailey, of the County of Wyoming, as majority whip of the Senate;
Senator Barnes, of the County of Randolph, as minority whip of the Senate;
And,
Senator Sharpe, of the County of Lewis, as President pro Tempore of the Senate.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 11, 2007, at 11 a.m.
__________