WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

FIFTEENTH DAY

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Charleston, W. Va., Wednesday, January 24, 2007

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

Prayer was offered by Dr. Allen Reasons, Senior Minister, Fifth Avenue Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, January 23, 2007,
On motion of Senator Oliverio, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 18, Requiring PEIA and Medicaid cover testing for chronic kidney disease.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 18 (originating in the Committee on Health and Human Resources)-- A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §9-5- 20; 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; to amend said code by adding thereto a new section, designated §33-25-8g; and to amend said code by adding thereto a new section, designated §33-25A-8h, all relating to insurance coverage for kidney disease screening; modifying required benefits for public employees' insurance, accident and sickness insurance, group accident and sickness insurance, hospital service corporations, medical service corporations, dental service corporations, health service corporations, health care corporations and health maintenance organizations; requiring insurance policies and medical benefit plans to include certain coverages when medically appropriate and consistent with relevant national guidelines; requiring coverage from 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.
 With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 18), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 59, Relating to basic universal design features for certain dwellings.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 130, Exempting one motor vehicle from ad valorem taxes for active duty military personnel.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 148, Providing breast feeding not considered public indecency.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 148 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended, relating to providing that breast feeding of a child in public or private shall not be considered public indecency.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 149, Repealing code section relating to Child Assessment or In-State Placement Fund.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance , submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators.
And,
Senate Bill No. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Hunter and Minard:
Senate Bill No. 184--A Bill to amend and reenact §16-5-19 of the Code of West Virginia, 1931, as amended, relating to allowing advanced nurse practitioners to sign death certificates.
Referred to the Committee on Health and Human Resources.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 185-- A Bill to amend and reenact §4-11A-1, §4- 11A-2 and §4-11A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto thirteen new sections, designated §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4-11A-10, §4- 11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4-11A-16, §4-11A-17 and §4-11A-18, all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund; receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund; creating Tobacco Settlement Finance Authority and providing for general powers; establishing governing board of the authority; defining staff of the authority; limiting liability; providing certain definitions; authorizing sale of rights in a master settlement agreement; authorizing bonds of the authority; providing for the use of proceeds of bonds of the authority; providing an exemption from state purchasing provisions; providing bankruptcy provisions; establishing the dissolution of the authority; severability of sections; and construction of article.
 Referred to the Committee on Finance.
By Senators Bowman, Bailey, Helmick, Boley, Minard and Unger:
Senate Bill No. 186--A Bill to amend and reenact §30-6-32 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Embalmers and Funeral Directors.
Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Jenkins, Plymale, Kessler, White and Minard:
Senate Bill No. 187-- A Bill to repeal §4-10-4a, §4-10-5a, §4- 10-5b, §4-10-6a, §4-10-10a and §4-10-11a of the Code of West Virginia, 1931, as amended; and to amend and reenact §4-10-1, §4- 10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4-10-7, §4-10-8, §4-10- 9, §4-10-10, §4-10-11, §4-10-12, §4-10-13 and §4-10-14 of said code, all relating to the West Virginia Performance Review Act; updating the legislative findings and definitions; continuing the Joint Committee on Government Operations; updating powers and duties of the Joint Committee on Government Operations and the Joint Committee on Government Organization; requiring department presentations; establishing a new agency review procedure and schedule; establishing a new regulatory board review procedure and schedule; authorizing compliance reviews; clarifying termination procedures; providing that agencies do not terminate pursuant to prior enactments; and clarifying when regulatory boards terminate.
 Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Jenkins, Plymale, Kessler, White, Minard and Unger:
Senate Bill No. 188-- A Bill to repeal §30-1A-2a of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1A-2, §30-1A-3, §30-1A-4, §30-1A-5 and §30-1A-6 of said code, all relating to sunrise law; requiring applications for substantial revision or expansion of the scope of practice of regulated professions and occupations; clarifying duties of the Joint Standing Committee on Government Organization; modifying the criteria to be considered in the decision to regulate a profession or occupation; and clarifying the procedure for an acceptance and denial of an application.
 Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Jenkins, Kessler, McCabe, Minard, Plymale, White, Boley, Foster and Wells:
Senate Bill No. 189-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-44-1, §30-44-2, §30-44-3, §30-44-4, §30-44-5, §30- 44-6, §30-44-7, §30-44-8, §30-44-9, §30-44-10, §30-44-11, §30-44- 12, §30-44-13, §30-44-14, §30-44-15, §30-44-16, §30-44-17, §30-44- 18, §30-44-19, §30-44-20, §30-44-21 and §30-44-22, all relating to the practice of marriage and family therapy.
 Referred to the Committee on Government Organization.
By Senators Bowman, Bailey, Helmick, Boley, Minard, Unger, Plymale and Foster:
Senate Bill No. 190-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-21-16, relating to continuation of the Board of Examiners of Psychologists.
 Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 191-- A Bill to amend and reenact §18-10L-4 of the Code of West Virginia, 1931, as amended, relating to requiring the Division of Rehabilitation Services to visit the residence of a recipient of services from the Ron Yost Personal Assistance Services Fund at least annually.
 Referred to the Committee on Health and Human Resources.
By Senators Love, Hunter, White, McKenzie and Plymale:
Senate Bill No. 192-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-8-8, relating to authorizing the Commissioner of the Division of Corrections to issue warrants for the arrest, apprehension, extradition or reincarceration of certain inmates who are no longer in the physical custody of the division; requiring law-enforcement officers to honor and enforce the warrants; and authorizing the commissioner to enter the warrants into all criminal reporting databases and other computerized systems for the reporting and apprehension of criminals and fugitives.
 Referred to the Committee on the Judiciary.
By Senators Hunter and Foster:
Senate Bill No. 193-- A Bill to amend and reenact §16-1-6 of the Code of West Virginia, 1931, as amended, relating to prohibiting the establishment of methadone treatment programs and clinics in this state except for programs and clinics operated by comprehensive community mental health centers.
 Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler and Plymale:
Senate Bill No. 194-- A Bill to amend and reenact §58-5-14 of the Code of West Virginia, 1931, as amended, relating to appeal bonds; limiting bond amounts; consolidating multiple judgments for bonding purposes; and providing exceptions to bonding limitations.
 Referred to the Committee on the Judiciary.
By Senators Hunter and Foster:
Senate Bill No. 195--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49- 6F-6, §49-6F-7 and §49-6F-8, all relating to creating the Office of Family and Foster Child Protection Ombudsman; powers and duties of the Office of Family and Foster Child Protection Ombudsman; qualifications, term of office and salary of the ombudsman; authority for the ombudsman to hire staff; providing the ombudsman and staff of the Office of Family and Foster Child Protection Ombudsman to investigate and monitor the Department of Health and Human Resources' Division of Child Protective Services; access to Child Protective Services' records and information; communication with children involved in Child Protective Services' investigations and in foster care; confidentiality of information; immunity from liability; sunset provision; and defining terms.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Love, Hunter, White, McKenzie and Sprouse:
Senate Bill No. 196-- A Bill to amend and reenact §49-5-8 of the Code of West Virginia, 1931, as amended, relating to the responsibility of placing juveniles into the custody of the Division of Juvenile Services.
 Referred to the Committee on the Judiciary.
By Senators Love, Unger, Kessler, White, Yoder, Hall, Chafin, Sypolt, Guills, Bowman, Edgell, Wells, Fanning, Foster, Jenkins, Tomblin (Mr. President), Caruth, Barnes, Deem, Boley, Hunter, Stollings, Green, Facemyer, Bailey, Helmick, Minard, Sprouse, McKenzie, Prezioso and Oliverio :
Senate Bill No. 197-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-22a, relating to defense of self, others and property; and providing immunity from civil or criminal liability.
 Referred to the Committee on the Judiciary.
By Senators White, McKenzie, Unger, Edgell, Prezioso, Hunter, Kessler and Barnes:
Senate Bill No. 198-- A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended, relating to granting higher incremental salary increases to Division of Corrections' employees based on years of service.
 Referred to the Committee on Finance.
By Senators Bailey and Green:
Senate Bill No. 199--A Bill to create the Beckley-Raleigh County Building Code Authority to adopt and enforce the State Building Code for the city of Beckley and Raleigh County.
Referred to the Committee on Government Organization.
By Senators Bailey, Yoder, Chafin, Love and Green:
Senate Bill No. 200-- A Bill to amend and reenact §18-2-8a of the Code of West Virginia, 1931, as amended, relating to mandating an orientation program in firearms and firearm safety in public schools; and specifying course requirements.
 Referred to the Committee on Education; and then to the Committee on Finance.
By Senator White:
Senate Bill No. 201-- A Bill to amend and reenact §61-3-39h of the Code of West Virginia, 1931, as amended, relating to payment of costs in worthless check cases; and preventing multiple assessments of costs against a complainant who is paid restitution for worthless check charges dismissed as part of a plea agreement.
 Referred to the Committee on the Judiciary.
By Senators Hunter, Sharpe, Foster, Green, Barnes, Love, Jenkins, Stollings, McKenzie, Minard, Unger and Plymale:
Senate Bill No. 202-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-10-22j; and to amend said code by adding thereto a new section, designated §18-7A-26u, all relating to providing a supplemental benefit to certain public employee and teacher retirement annuitants.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 203-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-58; and to amend and reenact §12-3-10a, §12-3-10d and §12-3-10e of said code, all relating to the state Purchasing Card Program; creating the Purchasing Improvement Fund; authorizing use of purchasing cards for regular routine payments, travel and emergency purchases and cash advances for travel purchases; authorizing expenditures from the Purchasing Card Administration fund to pay expenses related to the use of the card and the general operation of the Auditor's Office; and adding members to the Purchasing Card Advisory Committee.
 Referred to the Committee on Finance.
Senators Boley, Barnes, Caruth, Deem, Facemyer, Guills, Hall, McKenzie, Sprouse, Sypolt and Yoder offered the following resolution:
Senate Concurrent Resolution No. 21--Expressing the desire of West Virginians to change the welcome signs from the "Open for Business" slogan to the "Wild, Wonderful West Virginia" slogan.
Whereas, West Virginia offers majestic beauty from our glorious mountaintops to our winding country roads to our breathtaking rivers; and
Whereas, West Virginia's beauty can be seen from the Potomac Highlands to the New River Valley, from the eastern panhandle to the mountaineer country of north central West Virginia, from the northern panhandle to the Metro Valley and from the Mid-Ohio Valley to the southern coalfields; and
Whereas, This beauty is ignored by the welcome signs that state "Open for Business"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses the desire of West Virginians to change the welcome signs from the "Open for Business" slogan to the "Wild, Wonderful West Virginia" slogan; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor.
Senator Yoder requested unanimous consent that the resolution be taken up for immediate consideration.
Which consent was not granted, Senator Chafin objecting.
Senator Yoder then moved that the resolution be taken up for immediate consideration.
The question being on the adoption of Senator Yoder's aforestated motion, the same was put and did not prevail.
Whereupon, the resolution (S. C. R. No. 21), under the rules, lies over one day.
Senators Hunter, Sypolt, Unger, Jenkins, Prezioso and Stollings offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting Congress enact legislation providing for the issuance of a commemorative coin in 2008 to celebrate the 100th anniversary of Mother's Day.
Whereas, The holiday known as Mother's Day was founded by Anna Jarvis in Grafton, Taylor County, in 1908; and
Whereas, Anna Jarvis was instrumental in seeing that the first official Mother's Day service was held at Andrews Methodist Episcopal Church on May 10, 1908; and
Whereas, Following the first service, Anna Jarvis dedicated her life to spreading the beliefs of Mother's Day throughout the world; and
Whereas, West Virginia became the first state to officially recognize Mother's Day as a holiday upon proclamation by Governor William Glasscock; and
Whereas, Mother's Day services have been held at Andrews Methodist Episcopal Church every year since 1908. The church has been declared the "Mother Church of Mother's Day" and is listed in the National Register of Historic Places. The church became the International Mother's Day Shrine when it was incorporated on May 15, 1962; and
Whereas, With the upcoming 100th anniversary of Mother's Day in 2008, it is fitting that this holiday be commemorated by issuance of a coin by the United States Mint; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests Congress to enact legislation providing for the issuance of a commemorative coin in 2008 to celebrate the 100th anniversary of Mother's Day; and, be it
Further Resolved, That the legislation contain provisions that the obverse of the commemorative coin should carry the image of Anna Jarvis, the founder of Mother's Day, and that the reverse of the commemorative coin should carry the image of the International Mother's Day Shrine in Grafton, Taylor County; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation, the President of the United States, the United States Secretary of the Treasury, the Citizens Coinage Advisory Committee within the United States Department of the Treasury and the Board of Trustees of the International Mother's Day Shrine Foundation, Inc.
At the request of Senator Hunter, 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.
Senator White offered the following resolution:
Senate Concurrent Resolution No. 23-- Requesting the Joint Committee on Government and Finance study the feasibility of a national park in the High Allegheny Region of West Virginia.
Whereas, The High Allegheny Region of West Virginia, which comprises portions of the Monongahela National Forest, Blackwater Falls State Park, Seneca Rocks, portions of Canaan Valley and the Blackwater Canyon area, is an important natural, cultural, economic and recreational resource in the state; and
Whereas, The High Allegheny Region of West Virginia has substantial natural areas and habitats which are assets to the people of West Virginia and the nation and provide important amenities for residents and visitors that encourage retirement home development, tourism and other business development that is crucial to the future of the region and the state; and
Whereas, There is a need for consistent, professional and well-funded management of the key natural areas and public lands in the High Allegheny Region of West Virginia in order to conserve and enhance these important assets and to provide for optimal and sustainable economic development of the area; and
Whereas, Economic studies have consistently shown important long-term economic benefits from the creation of national parks to manage important natural areas and protected public lands; and
Whereas, West Virginia, although home to some of the most beautiful areas in the eastern United States, has only four units of the National Park System, by far the lowest in the region; and
Whereas, There is reason to believe that establishment of a High Allegheny National Park in West Virginia will have a positive economic impact on the state in the following ways: (1) Increased revenue for county governments in the form of payments from the National Park Service; (2) increased employment from the National Park Service and from the related growth of the tourism, retirement and recreational industries; (3) increased net migration to the area; (4) increased private property values; (5) increased tax revenue for county governments from retirement home ownership; (6) decreased local and state burden on public land infrastructure and management; (7) increased tourism-related spending in local communities; and (8) improved management of key natural areas and protected public lands; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of a national park in the High Allegheny Region of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the benefits and costs of the development of a High Allegheny National Park as well as study the economic development potential, job creation potential and tourism value; and, be it 
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to determine the use of lands that could be incorporated in a High Allegheny National Park; 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.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
 Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 204 (originating in the Committee on the Judiciary)-- A Bill to amend and reenact §52-1-17 of the Code of West Virginia, 1931, as amended, relating to assessing the cost of petit juries in magistrate court.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the bill (S. B. No. 204) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 205 (originating in the Committee on the Judiciary)-- A Bill to amend and reenact §48-27-902 and §48-27-903 of the Code of West Virginia, 1931, as amended, all relating to clarifying that continuing to threaten or harass a petitioner is a violation of a domestic violence protective order.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
 Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 206 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §62-11C-9 of the Code of West Virginia, 1931, as amended, relating to assessing court costs for pretrial diversions.
And,
Senate Bill No. 207 (originating in the Committee on the Judiciary)--A Bill to repeal §62-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-10-1 and §62-10-3 of said code, all relating to penalties for violating peace bonds.
And reports the same back with the recommendation that they each do pass; but with the further recommendation that they first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
 On motion of Senator Kessler, the bills (S. B. Nos. 206 and 207) contained in the foregoing report from the Committee on the Judiciary were then referred to the Committee on Finance.
 Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 208 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-9-9 of the Code of West Virginia, 1931, as amended, relating to requiring certified copies of eligibility for judicial retirement be provided to the Supreme Court of Appeals and the Consolidated Public Retirement Board; and making stylistic changes throughout.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Pensions.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
 On motion of Senator Kessler, the bill (S. B. No. 208) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
 Senate Concurrent Resolution No. 20, Requesting Division of Highways name section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way "Adam Johnson Crumpler Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2105, Extending the expiration date of provisions permitting retired teachers to accept employment as substitutes in areas of critical need and shortage for an unlimited number of days without affecting retirement benefits.
Having been read a third time on yesterday, Tuesday, January 23, 2007, and now coming up in regular order, was reported by the Clerk.
The question being "Shall Engrossed House Bill No. 2105 pass?"
On the passage of the bill, the yeas were: 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2105) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2105) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator White.
Thereafter, at the request of Senator Hunter, and by unanimous consent, the remarks by Senator White were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 25, 2007, at 11 a.m.
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