WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

TWENTY-FIRST DAY

____________

Charleston, W. Va.,

Tuesday, January 30, 2007

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

Prayer was offered by Pastor Mike Amico, Ohio Valley Christian Center, Wheeling, West Virginia.
Pending the reading of the Journal of Monday, January 29, 2007,
On motion of Senator Sypolt, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2332--A Bill to amend and reenact §49-5-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that magistrate courts have concurrent juvenile jurisdiction with circuit courts with regard to enforcement of laws prohibiting the possession or use of tobacco or tobacco products by minors; and giving such concurrent juvenile jurisdiction to municipal courts.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2526--A Bill to amend and reenact §31B-13- 1301 of the Code of West Virginia, 1931, as amended, relating to allowing acupuncturists to form professional limited liability companies.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 6, Authorizing boat safety checks by conservation officers.
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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (S. B. No. 6) contained in the foregoing report from the Committee on Natural Resources was then referred to the Committee on the Judiciary.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 134, Requiring employers provide contribution information to State Teachers Retirement System.
Senate Bill No. 166, Relating to Public Employees Retirement System generally.
And,
Senate Bill No. 180, Offering tax-free distributions from certain retirement plans to pay certain premiums for public safety officers.
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,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Pensions.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 135, Providing student financial aid resources for spouses of certain deceased service personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 135 (originating in the Committee on Military)--A Bill to amend and reenact º18-19-2 and º18-19-3 of the Code of West Virginia, 1931, as amended, all relating to providing that, in addition to children, spouses of deceased service personnel are eligible for state-funded student financial aid resources.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 135), under the original double committee reference, was then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 208, Providing Supreme Court and Consolidated Public Retirement Board notice when judge retires.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Dan Foster,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 296, Authorizing Division of Natural Resources promulgate legislative rule relating to commercial whitewater outfitters.
Senate Bill No. 297, Authorizing Division of Natural Resources promulgate legislative rule relating to special boating rules.
Senate Bill No. 298, Authorizing Division of Natural Resources promulgate legislative rule relating to deer hunting.
And,
Senate Bill No. 300, Authorizing Division of Natural Resources promulgate legislative rule relating to public use of campgrounds and recreation areas in West Virginia state wildlife management areas under division.
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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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 Unger and Foster:
Senate Bill No. 368-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all relating to creating the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee interest in real property and conservation or preservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency; and addressing its administration, applicability, limitations and renewal.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Facemyer, Kessler, Edgell and McKenzie:
Senate Bill No. 369-- A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10c of said code; to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C-14, §29-22C-15, §29- 22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29-22C-25, §29-22C-26, §29- 22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and reenact §29-25-1 of said code, all relating to local option elections on whether table games will be allowed at existing licensed pari-mutuel racetracks; providing for Lottery Commission regulation of gaming activities; setting temporary percentage for Lottery Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the capital reinvestment fund; authorizing table games at licensed horse and dog racetracks; providing for legislative findings and intent; conforming various statutory legislative findings related to the constitutionality of lotteries to recent decisions of the Supreme Court of Appeals; requiring local option elections to approve licensure of authorized table games at racetrack facilities; providing for reconsideration elections after five years; defining certain terms; providing for duties and powers and administrative expenses of the State Lottery Commission; appointment of Lottery Commission staff; providing for licenses to engage in activities related to operation of authorized table games at racetrack facilities; qualifications for applicant for license to operate authorized table games at a racetrack facility; floor plan requirements; management service contracts; coordinating licensed activities; license application requirements; racetrack table games licensee qualifications; license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; audits and reports of licensee; duties of racetrack table games licensees; preference in hiring for table games jobs; requirements for supplier licensees; requirements for license for employees of operator of racetrack with authorized table games; requirements for management services provider license; prohibiting false statements on application for license; grounds for denial, revocation or suspension of license; hearing procedures; expiration and renewal of licenses; renewal fees; information included on license; display and availability of license; notice of change of address; promulgation of legislative and emergency rules; commission approval of table games' rules of play; determination of betting limits, operations and services by racetrack licensee; posting of betting limits; standards for offering complimentary goods and services; contract agreements and cost for law-enforcement services; warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with authorized table games; providing for filing and payment of taxes; creating State Racetrack Table Games Fund; distribution of amounts in fund; prohibiting wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; forfeiture of certain property; providing civil penalties; preemption of certain local laws and rules; and exemption from certain federal laws relating to shipment of gambling devices.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Foster, White, Wells and Stollings:
Senate Bill No. 370-- A Bill to amend and reenact §22-15A-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §22-15A-24, §22- 15A-25, §22-15A-26, §22-15A-27, §22-15A-28, §22-15A-29, §22-15A-30, §22-15A-31, §22-15A-32, §22-15A-33, §22-15A-34 and §22-15A-35, all relating to establishing a returnable beverage container deposit program; defining terms; expressing findings and purpose; requiring the use of returnable beverage containers; requiring the collection of deposits on returnable beverage containers; establishing program for the refund of deposits; requiring food and beverage establishments pay deposit on beverage containers when beverage is consumed on premises; requiring the Department of Environmental Protection operate the returnable beverage container program; requiring certification of redemption centers; establishing requirements for certification of redemption centers; providing for payment of deposit refunds and handling fees; establishing requirements for reverse vending machines; exempting deposit refunds from consumers sales and service tax and business and occupation tax; exempting deposits on containers from consumers sales and service tax and excluding deposits from business and occupation tax; and providing penalties and remedies.
Referred to the Committee on Natural Resources; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 371-- A Bill to amend and reenact §11-15-8 of the Code of West Virginia, 1931, as amended, relating to listing certain professional and personal services as exempt from the payment of the consumers sales and service tax.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Facemyer:
Senate Bill No. 372-- A Bill to amend and reenact §48-7-107 of the Code of West Virginia, 1931, as amended, relating to providing for the automatic court-ordered transfer of title to marital property upon decree of divorce.
Referred to the Committee on the Judiciary.
By Senator Facemyer:
Senate Bill No. 373-- A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to providing that the term of imprisonment for malicious assault on certain officers, including police officers, is ten years.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Facemyer, Green, Caruth, Barnes, Oliverio, Prezioso, Love, Sprouse, Deem, Hall, Tomblin (Mr. President), Guills, McCabe, Foster, Sypolt, Fanning, Boley, McKenzie, Helmick, Stollings, Yoder and Plymale:
Senate Bill No. 374-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5, §55- 7E-6, §55-7E-7, §55-7E-8, §55-7E-9 and §55-7E-10, all relating to limitations for certain asbestos claims; judicial actions involving silica and asbestos exposure; providing for fair and efficient judicial consideration of personal injury and wrongful death arising out of asbestos or silica exposure; and ensuring individuals who suffer impairment now or in the future for illnesses caused by exposure to asbestos or silica receive compensation for their injuries.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 375-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-1B-1 and §5A-1B-2, all relating to creating the West Virginia Managing for Results Act.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fanning, Bowman and Barnes:
Senate Bill No. 376-- A Bill to amend and reenact §20-2-50 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to assess a fee for processing scientific collecting permits.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 377-- A Bill to amend and reenact §8-18-10 of the Code of West Virginia, 1931, as amended, relating to setting a ten-year limitation on the enforcement of certain liens on real estate assessed by municipalities.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster and Hall:
Senate Bill No. 378-- A Bill to amend and reenact §33-11A-11 of the Code of West Virginia, 1931, as amended, relating to providing notice of availability of owner's title insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 379-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-37, relating to criminal history checks for applicants for insurance producer licenses; defining terms; authorizing Insurance Commissioner to establish and collect fees; requiring applicants to submit fingerprints; requiring the Insurance Commissioner to transmit fingerprints to the State Police and Federal Bureau of Investigation; requiring certain records be confidential; exempting certain information from disclosure pursuant to subpoena or discovery; and authorizing Insurance Commissioner to promulgate emergency and legislative rules.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 380-- A Bill to amend and reenact §33-33-2 and §33-33-6 of the Code of West Virginia, 1931, as amended, all relating to persons performing financial examinations of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 381-- A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-41-8b; and to amend and reenact §33-41-11 of said code, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commission to present criminal complaints directly to a magistrate; and extending the statute of limitations for certain misdemeanors involving insurance fraud.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Division of Highways name bridge number 2892 on State Route 119 in Mingo County the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge".
Whereas, Ida Newsome was born February 22, 1905, the daughter of Joseph and Mary Rose Evans; and
Whereas, Ida Newsome taught in the Mingo County school system for more than 30 years and served for 28 years on the Mingo County Democratic Executive Committee as a representative of the Old Hardee District; and
Whereas, Isaac "Ike" Newsome, Sr., was born January 16, 1903, the son of John Wesley and Tennessee Horton Newsome; and
Whereas, Isaac "Ike" Newsome, Sr., was a timberman, Mingo County jailer, coal miner and supervisory official of the Division of Highways; and
Whereas, Ida and Isaac "Ike" Newsome, Sr., were married November 23, 1923, at Naugatuck, Mingo County, where they raised seven children; and
Whereas, Ida and Isaac "Ike" Newsome, Sr., were dedicated to their community for many years and contributed much to those who were less fortunate; and
Whereas, It is fitting that bridge number 2892 on State Route 119 in Mingo County be named the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 2892 on State Route 119 in Mingo County the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Ida and Isaac "Ike" Newsome, Sr.
Which, under the rules, lies over one day.
Senators Unger, Plymale, Prezioso, White, Jenkins and Foster offered the following resolution:
Senate Concurrent Resolution No. 28-- Designating the month of December, 2007, as West Virginia Legislature's Back to School Month.
Whereas, West Virginia was created as a representative democracy in which all governmental power is inherent in the people who exercise that power through the legislative, executive and judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political system has declined, in part, due to a weakening belief in, and a lack of understanding of, the virtues and knowledge needed for a successful democratic form of government; and
Whereas, Benjamin Rush, signer of the Declaration of Independence, stated, "There is but one method of rendering a republican form of government durable, and that is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education and this can be done effectively only by the aid of the Legislature"; and
Whereas, The National Conference of State Legislatures (NCSL) has adopted a resolution which states that the operation of state legislatures and the roles of individual legislators are often little understood by citizens and that public understanding of the institutions and processes of the government is critical to building public trust and confidence; and
Whereas, The NCSL resolution also states that state legislatures need to bring about better understanding of the concept of representative democracy and should emphasize the importance of compromise and the difficulty of resolving competing interests in a diverse society; and
Whereas, Civic education is a vital tool to promote greater understanding of the legislative institution and the role of legislators in representative democracy; and
Whereas, The NCSL urges state legislatures to promote civic education about representative democracy; and
Whereas, The NCSL has established America's Legislators Back to School Program, a national event in which state legislators across the nation visit schools and classrooms to talk about the legislature and to observe activities in the schools; and
Whereas, To meet the specific civic education needs of the students of West Virginia, the West Virginia Legislature developed the West Virginia Legislature's Back to School Program, modeled and supported by the NCSL's America's Legislators Back to School Program; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the month of December, 2007, as West Virginia Legislature's Back to School Month; and, be it
Further Resolved, That the Legislature hereby supports civic education to promote greater understanding of the legislative institution and the role of legislators in a representative democracy; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the National Conference of State Legislatures.
 Which, under the rules, lies over one day.
Senators Facemyer, Bailey, Green, Helmick, Chafin, Hall, Plymale and Love offered the following resolution:
Senate Concurrent Resolution No. 29-- Requesting the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, fully consider the many values of well-managed forests to the State of West Virginia.
Whereas, The health, economic well-being and cultural traditions of West Virginia's citizens have historically been, and continue to be, dependent upon the wealth of natural resources provided by the working forests within the state; and
Whereas, The natural resources of the State of West Virginia, particularly its timber resources, are immovable, permanent, renewable assets belonging to the people of West Virginia; and
Whereas, Local municipalities and other public jurisdictions in West Virginia have had their educational, public safety and transportation infrastructure deprived of timber revenue totaling hundreds of millions of dollars due to the actions of political activists dedicated to forest abandonment; and
Whereas, Federal wilderness designation by Congress is a permanent, irrevocable condition that will forever deprive West Virginians and visiting nonresidents of nearly all economically productive uses and reasonable access to recreational opportunities in the Monongahela National Forest; and
Whereas, Professionally prescribed active timber management provides an important source of sustainable raw materials for West Virginia's forest-based industries and rural manufacturing economies; and
Whereas, Imposing additional wilderness acreage would diminish the biological diversity of the Monongahela National Forest's wildlife habitat due to the prohibition of all wildlife habitat and timber management and would eliminate the opportunity to perpetuate the best quality and combination of wildlife habitats; and
Whereas, The Division of Natural Resources is charged with protecting and conserving fish and wildlife, including those existing within the proclamation boundaries of the Monongahela National Forest, as well as the acreage either currently designated or proposed as federal wilderness, using sound scientific principles inherent in active wildlife management practices; and
Whereas, Compelling peer-reviewed and widely accepted scientific evidence documents that:
(1) Some of the most interesting and diverse natural communities in eastern North America will be lost without active forest management;
(2) Providing habitat for the greatest diversity of wildlife species over the long term involves managing a mosaic of forest conditions; and
(3) Providing both young and mature forest habitat through forest management contributes to the biological diversity of the forested landscape; and
Whereas, The governing bodies and economic development authorities of the counties of Grant, Pendleton, Pocahontas, Randolph and Tucker, each of which encompasses some portion of Monongahela National Forest lands, have formally and publicly opposed the designation of additional federal wilderness acreage in the Monongahela National Forest; therefore, be it
 Resolved by the Legislature of West Virginia:
 That the Legislature hereby requests the United States Department of Agriculture's Forest Service, in developing proposed alternatives for the Monongahela National Forest Plan Revision, to fully consider the many values of well-managed forests to the State of West Virginia; and, be it
Further Resolved, That the Legislature recognizes that any expansion of federal wilderness and/or the imposition of any other unreasonably restrictive land management measures would result in losses in recreational opportunity and severe economic harm to more West Virginians than would be benefitted; 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 Governor of the State of West Virginia, Supervisor of the Monongahela National Forest Clyde Thompson, and the county commissions of each county with land in the Monongahela National Forest.
 Which, under the rules, lies over one day.
At the request of Senator Helmick, unanimous consent being granted, Senator Helmick offered the following resolution from the floor:
Senate Resolution No. 11-- Authorizing the appointment of employees for the Senate for the two thousand seven regular sixty-day session of the seventy-eighth Legislature and payment of their compensation.
Resolved by the Senate:
That the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-eighth Legislature, and any extension thereof as follows:
Twenty-six Class I secretaries at a rate of sixty dollars to seventy-six dollars per diem;
Ten Class II secretaries at a rate of sixty-two dollars to seventy-six dollars per diem;
Nine Class III secretaries at a rate of sixty-five dollars to sixty-nine dollars per diem;
Six Class IV secretaries at a rate of sixty-six dollars to seventy-one dollars per diem;
Seven legislative analysts at a rate of fifty-five dollars to seventy-six dollars per diem;
Twelve legal counselors at a rate of one hundred seventy-five dollars to two hundred thirty dollars per diem; assignments and salary to be determined by the President of the Senate;
One bill and journal clerk to the Senate Clerk at a rate of sixty dollars per diem;
Six proofreaders at a rate of fifty-five dollars to sixty-five dollars per diem;
One journal room supervisor at a rate of ninety-nine dollars per diem;
One assistant journal room supervisor at a rate of seventy- three dollars per diem;
Nine journal and bill room clerks at a rate of fifty-five dollars to sixty-six dollars per diem;
One Sergeant at Arms at a rate not to exceed one hundred fifty-two dollars per diem;
One chief assistant Sergeant at Arms at a rate of sixty-seven dollars per diem;
Six assistants to the Sergeant at Arms at a rate of fifty-one dollars to sixty-five dollars per diem;
One Doorkeeper at a rate of one hundred twenty-one dollars per diem;
One chief assistant Doorkeeper at a rate of seventy dollars per diem;
Eight assistants to the Doorkeeper at a rate of fifty dollars to sixty-one dollars per diem;
One information clerk at a rate of fifty-seven dollars per diem (twenty-eight dollars and fifty cents per diem paid by House of Delegates);
Seven messengers at a rate of fifty-three dollars to fifty- eight dollars per diem;
One head page at a rate of sixty-four dollars per diem;
One assistant head page at a rate of fifty-six dollars per diem;
One recording system operator at a rate of seventy-six dollars per diem;
One duplicating machine operator at a rate of fifty-six dollars per diem;
One computer technical assistant at a rate of fifty-eight dollars per diem;
 The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to supervise and dismiss such staff personnel ; and, be it
Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand seven and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
Clerk$7,541.67
Assistant Clerk 4,604.17
Executive Secretary to Clerk 2,833.34
Fiscal Officer 4,833.34
Assistant Fiscal Officer 3,583.34
Administrative Secretary 2,791.67
Technical Support 2,458.34
Administrative Assistant to President 5,375.00
Administrative Assistant to President 3,937.50
Executive Secretary to President 3,083.34
Secretary to Majority Leader 2,416.67
Secretary to Minority Leader 2,000.00
Deputy Clerk 4,604.17
Legislative Assistant III 3,437.50
Legislative Assistant II 3,000.00
Legislative Assistant II 2,666.67
Legislative Assistant I 2,291.67
Legislative Assistant I 2,083.34
Attorney 6,791.67
Attorney 6,583.34
Attorney 6,166.67
Attorney 5,833.34
Attorney 5,583.34
Attorney 5,520.84
Budget Analyst to Finance Committee 4,020.84
Legislative Analyst 2,750.00
Legislative Analyst 2,666.67
Legislative Analyst 2,500.00
Legislative Analyst 2,500.00
Secretary to Finance Committee Chairman 2,833.34
Secretary to Government Organization Committee 2,312.50
Secretary to Health and Human Resources Committee 2,416.67
Administrative Assistant/Staff Secretary
to Judiciary Committee 2,583.34
Secretary to Judiciary Committee 2,291.67
Supervisor, Materials & Supplies 3,416.67
Communications Clerk 2,750.00
Mail/Supply Clerk 2,604.17
Chief Custodian 2,937.50
Custodian 2,125.00
Custodian 1,833.34
 The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to supervise and dismiss such staff personnel.
At the request of Senator Helmick, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
 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. 382 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to reemployment of public employee retirees after retirement; and allowing retired employees of the Supreme Court of Appeals who have retired on senior status to draw both their public employee retirement benefits and temporary or per diem compensation from the Supreme Court of Appeals of up to twenty thousand dollars per year.
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; and then to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
 On motion of Senator Kessler, the bill (S. B. No. 382) contained in the foregoing report from the Committee on the Judiciary was referred to the Committee on Pensions; and then to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 26, Requesting Division of Highways name bridge on U.S. Route 60, St. Albans, Kanawha County, "Earl Henry Curnutte Bridge".
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. Senate Bill No. 171, Continuing Board of Accountancy.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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. S. B. No. 171) 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. S. B. No. 171) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 172, Continuing Board of Respiratory Care Practitioners.
 On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, 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. S. B. No. 172) 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. S. B. No. 172) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 194, Relating to appeal bonds.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 336, Relating to higher education generally.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
 The Senate proceeded to the twelfth order of business.
Remarks were made by Senators McKenzie, Foster, Oliverio and Deem.
Thereafter, at the request of Senator Caruth, and by unanimous consent, the remarks by Senator McKenzie were ordered printed in the Appendix to the Journal.
At the request of Senator McKenzie, unanimous consent being granted, the remarks by Senator Oliverio were ordered printed in the Appendix to the Journal.
At the request of Senator Bowman, and by unanimous consent, the remarks by Senator Foster 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,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, January 31, 2007, at 11 a.m.
____________