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.
__________