WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

THIRTY-FIRST DAY

____________

Charleston, W. Va., Friday, February 9, 2007

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

Prayer was offered by Pastor Franklin D. Thomas, Living Faith Church, Marmet, West Virginia.
Pending the reading of the Journal of Thursday, February 8, 2007,
On motion of Senator Bowman, 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 Clerk presented the following communication from the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority, submitting its annual report due the Legislature in compliance with the statute:
WEST VIRGINIA LEGISLATURE

LEGISLATIVE OVERSIGHT COMMITTEE

ON THE REGIONAL JAIL AND

CORRECTIONAL FACILITY AUTHORITY

CHARLESTON

February 8, 2007

West Virginia Legislature
Charleston, West Virginia
Ladies and Gentlemen:
Pursuant to West Virginia Code §31-20-26, the Legislative Oversight Committee on the Regional Jail and Correctional Facility Authority makes the following report to the Legislature during its 2007 Regular Session.
The Committee met eight times during the 2006 Interim Period. During the 2006 Interim Period, the Committee received regular reports from:
Wyetta Fredericks, Executive Director, Regional Jail and Correctional Facility Authority;
Jim Rubenstein, Commissioner, Division of Corrections; and
The Director of the Division of Juvenile Services.
The Committee also received presentations from:
James W. Spears, Secretary, Department of Military Affairs and Public Safety;
Christine F. Morris, Deputy Secretary for Legislative Affairs, Department of Military and Affairs and Public Safety;
J. Norbert Federspiel, Director, Division of Criminal Justice Services;
Vivian Parsons, Executive Director, County Commissioners' Association of West Virginia;
George Castelle, Chief Public Defender of the Kanawha County Public Defenders Office;
Elaine Harris, International Representative, Communication Workers of America;
Thomas L. McBride, Warden, Mount Olive Correctional Complex;
Terri Arthur, Director, Human Relations, Mount Olive Correctional Complex;
Theresa M. Crouse, Acting Director, Division of Personnel;
Jimmy Plear, Deputy Director, Regional Jail and Correctional Facility Authority;
Jane Stover, Correctional Officer III, Mount Olive Correctional Complex;
Lieutenant Larry Pettey, Mount Olive Correctional Complex;
Rebecca L. Slayton, Secretary, Mount Olive Correctional Complex;
Patti Hamilton, Executive Director of West Virginia Association of Counties;
Douglas Workman, Southern District Parole Supervisor, Division of Corrections;
Teresa McCourt, Director of Programs, Division of Corrections;
Steven D. Canterbury, Administrative Director, West Virginia Supreme Court of Appeals;
Mike Lacy, Director of Probation, Probation Services Division, West Virginia Supreme Court of Appeals;
William R. Laird IV, Sheriff, Fayette County;
Fred P. McDonald, Executive Director, Northern Panhandle Community Criminal Justice Board, and Executive Director, Lee Day Report Center;
Steve Collins, Executive Director, Mercer County Day Report Center;
Denny Dodson, Assistant Director for Field Services, Division of Juvenile Services; and
Don Moore, Lieutenant, Mount Olive Correctional Complex.
Major topics of Committee consideration and discussion during the Interim Period included:
1.The crowding problem in regional jails and correctional facilities;
2.The transfer of state-sentenced inmates being housed in regional jails to Division of Corrections' facilities;
3.The progress of planning and construction of certain juvenile detention facilities and correctional facilities;
4.Concerns regarding salaries, retirement and staffing;
5.The need for additional capacity to house inmates sentenced to the custody of the Division of Corrections;
6.The success of community corrections programs and the need for statewide community corrections programs and funding for the programs;
7.Alternatives for reducing inmate populations;
8.Reducing costs of regional jail to the counties and maximizing the assessment and collection of fees;
9.Probation and parole;
10.Programs for sex offenders;
11.The need for a new correction academy;
12.Training sessions relating to investigating allegations of staff sexual misconduct; and
13.Inmate transportation.
During the 2006 Interim Period, the Committee was informed of the following information of special significance:
1.Inmate populations in regional jails increased from 3,810 on January 9, 2006, to 4,075 on January 5, 2007;
2.The number of state-sentenced inmates being housed in regional jails increased from 1,381 to 1,399 during this period; and
3.The daily average inmate population under the supervision of the Division of Corrections increased 341, from 5,369 on January 9, 2006, to 5,710 on January 5, 2007.
Inmates Housed in Regional Jails

Number ofNumber of
State-State-
InmateInmateSentencedSentenced
RegionalCount asCount asInmates asInmates as
Jail of 1/9/06of 1/5/07of 1/9/06of 1/5/07
Central
(Flatwoods)245272101104
Eastern
(Martinsburg)4244059036
North Central
(West Union)498560142189
Northern
(Moundsville)301333136164
Potomac Highlands
(Augusta)242264151169
South Central
(Charleston)443497150124
Southern
(Beckley)469522113100
Southwestern
(Holden)366370122153
Tygart Valley
(Belington)327385205204
Western
(Barboursville) 495 467 171 156
Totals3,8104,0751,3811,399
The Committee recommends for introduction and passage during the 2007 legislative session bills:
1.Allowing the Commissioner of the Division of Corrections the authority to issue warrants to arrest, apprehend, extradite or reincarcerate escaped prisoners and persons released by virtue of clerical error, mistake or failure of a sentencing court to timely transmit an order of commitment prior to the release of a prisoner;
2.Providing cost-saving measures in connection with providing medical care in regional jails by allowing the imposition of minimal medical copays in jails and limiting payments to outside providers of medical services to amounts no greater than the reimbursement rate applicable under the Department of Health and Human Resources Medicaid Program;
3.Clarifying that the law-enforcement agency that takes a juvenile into custody or places a juvenile under arrest is responsible for the juvenile's initial transportation to a juvenile detention center or other Division of Juvenile Services' residential facility;
4.Clarifying that certain employees of the Division of Juvenile Services are exempt from civil service coverage; and
5.Clarifying that a juvenile detention center or other Division of Juvenile Services' residential facility is not required to accept a juvenile if the juvenile appears to be in need of medical attention of a degree necessitating treatment by a physician.
Respectfully submitted,
Shirley Love,
Senate,
David G. Perry,
House of Delegates,
Cochairs.
Which communication was received and filed with the Clerk.
The Senate 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.Com. Sub. for House Bill No. 2126--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from a aquaculture facility.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2585--A Bill to amend and reenact §18A-3-3 of the Code of West Virginia, 1931, as amended, relating to the renewal of teaching certificates and permanent certification; state board development and report of proposal on application of professional development toward certificate renewal; providing certification through National Board for Professional Teaching Standards as an additional option for attaining permanent certification; and making technical improvements.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 8th day of February, 2007, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 218), Making supplementary appropriation of federal funds out of Treasury from balance of federal moneys remaining unappropriated.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 220, Authorizing Department of Administration promulgate legislative rule relating to purchasing.
Senate Bill No. 223, Authorizing Department of Administration promulgate legislative rule relating to administration of state funds and grants.
And,
Senate Bill No. 232, Authorizing State Auditor promulgate legislative rule relating to transaction fee and rate structure.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 224, Authorizing Commissioner of Agriculture promulgate legislative rule relating to animal disease control.
Senate Bill No. 225, Authorizing Commissioner of Agriculture promulgate legislative rule relating to WV Plant Pest Act.
Senate Bill No. 227, Authorizing Commissioner of Agriculture promulgate legislative rule relating to WV Agricultural Liming Materials Law.
And,
Senate Bill No. 234, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Deputy Sheriff Retirement System.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 235, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers' Defined Contribution System.
Senate Bill No. 236, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Retirement System.
Senate Bill No. 237, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Public Employees Retirement System.
And,
Senate Bill No. 238, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund, reinstatement and loan interest factors.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 247, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of ozone season nitrogen oxide emissions.
Senate Bill No. 277, Authorizing Hospital Finance Authority promulgate legislative rule relating to establishment of fee schedule and costs allocations applicable to issuance of bonds by authority.
And,
Senate Bill No. 289, Authorizing Board of Landscape Architects promulgate legislative rule relating to fees.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 258, Authorizing Department of Environmental Protection promulgate legislative rule relating to standards for beneficial use of filtrate from water treatment plants.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 264, Authorizing State Fire Commission promulgate legislative rule relating to certification and evaluation of local fire departments.
Senate Bill No. 276, Authorizing Division of Homeland Security and Emergency Management promulgate legislative rule relating to mine and industrial accident rapid response system.
Senate Bill No. 323, Authorizing Tax Department promulgate legislative rule relating to abusive tax shelters.
And,
Senate Bill No. 324, Authorizing Tax Department promulgate legislative rule relating to consumers sales and service tax and use tax; reduced sales tax on food.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 265, Authorizing Division of Forestry promulgate legislative rule relating to ginseng.
And,
Senate Bill No. 299, Authorizing Division of Natural Resources promulgate legislative rule relating to wildlife disease management.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
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. 268, Authorizing Department of Health and Human Resources promulgate legislative rule relating to recreational water facilities.
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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.
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. 269, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water systems.
Senate Bill No. 270, Authorizing Department of Health and Human Resources promulgate legislative rule relating to vital statistics.
Senate Bill No. 271, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water system operators.
Senate Bill No. 272, Authorizing Department of Health and Human Resources promulgate legislative rule relating to emergency medical services.
Senate Bill No. 273, Authorizing Department of Health and Human Resources promulgate legislative rule relating to nursing home licensure.
Senate Bill No. 283, Authorizing Division of Human Services promulgate legislative rule relating to minimum licensing requirements for group residential facilities in West Virginia.
And,
Senate Bill No. 306, Authorizing Board of Pharmacy promulgate legislative rule relating to ephedrine and pseudoephedrine control.
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,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 290, Authorizing Library Commission promulgate legislative rule relating to Library Commission's administration.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 291, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to general provisions.
Senate Bill No. 292, Authorizing Board of Medicine promulgate legislative rule relating to licensing and disciplinary procedures for physicians and podiatrists.
And,
Senate Bill No. 301, Authorizing Board of Osteopathy promulgate legislative rule relating to osteopathic physician assistants.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 294, Authorizing Office of Miners' Health, Safety and Training promulgate legislative rule relating to protective clothing and equipment.
And,
Senate Bill No. 316, Authorizing Board of Risk and Insurance Management promulgate legislative rule relating to mine subsidence insurance.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 302, Authorizing Division of Personnel promulgate legislative rule relating to administration of division.
Senate Bill No. 303, Authorizing Division of Personnel promulgate legislative rule relating to workers' compensation temporary total disability.
And,
Senate Bill No. 304, Authorizing Division of Personnel promulgate legislative rule relating to interdepartmental transfer of permanent state employees.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 309, Authorizing Regional Jail and Correctional Facility Authority promulgate legislative rule relating to criteria and procedures for determination of projected cost per day for inmates incarcerated in regional jails and operated by authority.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 313, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to requirements for registration and licensure.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 325, Authorizing Treasurer's Office promulgate legislative rule relating to providing services to political subdivisions.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
Senator Edgell, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 384, Creating Nonnative Species Regulation Board.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Larry J. Edgell,
Chair.
On motion of Senator Edgell, the bill (S. B. No. 384) contained in the foregoing report from the Committee on Agriculture was then referred to the Committee on Finance, with an amendment from the Committee on Agriculture pending.
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. 395, Relating to Management of Pain Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 399, Relating to issuance of driver's licenses.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.
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 Concurrent Resolution No. 16, Requesting Division of Highways rename Russell Creek Bridge in Huntington, Cabell County, "Michael Dale Thomas Memorial Bridge".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 16 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 2890 (unofficially called the Russell Creek Bridge) in Huntington, Cabell County, the "Michael Dale Thomas Memorial Bridge".
Whereas, Michael Dale Thomas, a naval corpsman, served his country and state during the Vietnam War; and
Whereas, Sadly, Michael Dale Thomas was killed in action on January 11, 1969, in the Quang Nam province of South Vietnam; and
Whereas, The Russell Creek Bridge spans the Guyandotte River and connects U. S. Route 60 East with Riverside Drive and 5th Street in Altizer Addition; and
Whereas, Michael Dale Thomas lived on 4th Street in Altizer, less than two blocks from the bridge; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge 2890 (unofficially called the Russell Creek Bridge) in Huntington, Cabell County, the "Michael Dale Thomas 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 "Michael Dale Thomas 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 the family of the late Michael Dale Thomas.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 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".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 20 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way the "Adam Johnson Crumpler Memorial Midland Trail".
Whereas, Adam Johnson Crumpler was born August 31, 1985, and graduated from Riverside High School in 2003; and
Whereas, Sadly, Lance Corporal Adam Johnson Crumpler was killed in action on June 18, 2005, while serving his state and country in Iraq; and
Whereas, Naming the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way would forever honor the memory of Lance Corporal Adam Johnson Crumpler who made the ultimate sacrifice for his country and state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of U. S. Route 60 in Kanawha County from Campbells Creek Road to Warrior Way the "Adam Johnson Crumpler Memorial Midland Trail"; and, be it
Further Resolved, That the Division Highways is requested to have made and be placed signs identifying the section of U. S. Route 60 in Kanawha County as the "Adam Johnson Crumpler Memorial Midland Trail"; 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 the family of the late Adam Johnson Crumpler.
And,
Senate Concurrent Resolution No. 25, Requesting Division of Highways name bridge on U. S. Route 52 in Landgraff, McDowell County, "Luke Simplicio Memorial Bridge".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 25 (originating in the Committee on Transportation and Infrastructure)-- Requesting the Division of Highways name bridge number 2847 on U. S. Route 52 that spans Elkhorn Creek in Landgraff, McDowell County, the "Luke Simplicio Memorial Bridge".
Whereas, Luke Simplicio was born December 31, 1944, in McDowell County; and
Whereas, Luke Simplicio was a veteran of the United States Air Force from 1962 to 1966, including serving one year in Korea; and
Whereas, Luke Simplicio began his career with the Division of Highways in McDowell County in 1987; and
Whereas, Sadly, Luke Simplicio died May 16, 2006, from injuries sustained in a work-related accident while working as a crew leader near the bridge on U. S. Route 52 that spans Elkhorn Creek; and
Whereas, It is fitting that bridge number 2847 on U. S. Route 52 in Landgraff, McDowell County, be named the "Luke Simplicio Memorial Bridge" as a tribute to his public service; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 2847 on U. S. Route 52 that spans Elkhorn Creek in Landgraff, McDowell County, the "Luke Simplicio Memorial Bridge"; and, be it
Further Resolved, That the Division Highways is requested to have made and be placed signs identifying the bridge as the "Luke Simplicio 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 the late Luke Simplicio.
With the recommendation that the two committee substitutes be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Concurrent Resolution No. 26, Requesting Division of Highways name bridge on U. S. Route 60, St. Albans, Kanawha County, "Earl Henry Curnutte Bridge".
Senate Concurrent Resolution No. 27,Requesting Division of Highways name bridge on State Route 119, Mingo County, "Ida and Isaac 'Ike' Newsome, Sr., Memorial Bridge".
And,
Senate Concurrent Resolution No. 30, Requesting Division of Highways name Harvey Street bridge in Williamson, Mingo County, "Pete Dillon Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Tomblin (Mr. President), Sprouse and Plymale:
Senate Bill No. 521-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-14-6a, relating to the Hatfield-McCoy Recreation Area; prohibiting entry without paying a fee; and providing criminal and civil penalties for violations.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Jenkins and Plymale:
Senate Bill No. 522-- A Bill to amend and reenact §30-29-4 of the Code of West Virginia, 1931, as amended, relating to increasing certain court costs in criminal proceedings from two dollars to eight dollars.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Jenkins and Minard:
Senate Bill No. 523-- A Bill to amend and reenact §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 and §17A-3-14 of said code; to amend and reenact §17A-4-10 of said code; to amend and reenact §17A-9-7 of said code; to amend and reenact §17B-2-7c of said code; to amend and reenact §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend and reenact §17E-1-23 of said code; and to amend and reenact §20-7-2 of said code, all relating to the consolidation and elimination of certain fees collected by the Division of Motor Vehicles.
Referred to the Committee on Finance.
By Senators Kessler, Oliverio, Barnes, McKenzie, Plymale and Unger:
Senate Bill No. 524--A Bill to amend and reenact §22C-4-10 of the Code of West Virginia, 1931, as amended, relating to proof of lawful disposal of solid waste as a defense to a violation of disposal law; and establishing penalties for littering.
Referred to the Committee on the Judiciary.
By Senators McCabe, Foster, Wells, Sprouse, McKenzie and Kessler:
Senate Bill No. 525-- A Bill to amend and reenact §24-6-6b of the Code of West Virginia, 1931, as amended, relating to decreasing the 911 fee on wireless telephones from three dollars to seventy- five cents; reverting the distribution formula for 911 fees to the previous formula; and eliminating the Wireless Tower Fund.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Sprouse, Bailey and Plymale:
Senate Bill No. 526-- A Bill to amend and reenact §7-14-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-14-19 of said code, all relating to the political activities of deputy sheriffs and municipal police officers; amending the list of prohibited political activities by deputy sheriffs and municipal police officers; providing certain exceptions; prohibiting deputy sheriffs and municipal police officers from being candidates for or holding public office in the county or municipality where employed; prohibiting deputy sheriffs and municipal police officers from soliciting political contributions or donations from members or employees of the county or municipality; setting forth certain permissible activities; and providing penalties for appointed or elected officials who violate the provisions of this bill.
Referred to the Committee on the Judiciary.
By Senators Deem, Yoder and Guills:
Senate Bill No. 527-- 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 health insurance.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 528-- A Bill to amend and reenact §19-16A-7 and §19-16A-23 of the Code of West Virginia, 1931, as amended, all relating to depositing the pesticide dealer, commercial and private applicator and business applicator license fees into the Pesticide Control Fund.
Referred to the Committee on Agriculture; and then to the Committee on Finance.
By Senators Kessler, Sprouse, Minard, Plymale and Jenkins:
Senate Bill No. 529--A Bill to amend and reenact §61-8B-16 of the Code of West Virginia, 1931, as amended, relating to prohibiting any requirement that an alleged victim of a sexual offense must pay for the costs of a forensic examination.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, McCabe, Minard, Foster and Plymale:
Senate Bill No. 530-- A Bill to amend and reenact §3-1-35 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-4A-20 of said code, all relating to providing that a political party may authorize a voter not affiliated with a political party or who is not an adherent to any party appearing on the ballot in the general election to vote in its party's primary.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 531-- A Bill to amend and reenact §31D-5-504 of the Code of West Virginia, 1931, as amended, relating to the process of filing with the office of the Secretary of State service of process on corporations in class action suits.
Referred to the Committee on the Judiciary.
By Senators Helmick, Plymale, Bailey, Edgell, Fanning and Green:
Senate Bill No. 532-- A Bill to amend and reenact §24-3-3a of the Code of West Virginia, 1931, as amended, relating to the requirement to notify natural gas producers served by intrastate pipeline of the sale or reclassification of that pipeline; and empowering the Public Service Commission to require the reservation of capacity on certain intrastate pipelines for small natural gas producers.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Bailey and McKenzie:
Senate Bill No. 533-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30- 41-6, §30-41-7, §30-41-8 and §30-41-9, all relating to licensing athletic trainers; scope of license; definitions; creating the West Virginia Athletic Training Board; license requirements; license renewals; continuing education; fees; and granting rule-making authority.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 534-- A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to providing a minimum hourly rate of pay for extracurricular assignments for school service personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 535-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §21-1A-9, relating to requiring employers receiving fifty percent of their revenues, or greater, from state funds remain neutral in union issues, disputes and controversies.
Referred to the Committee on Labor; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 536-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4, §11-28-5, §11- 28-6, §11-28-7, §11-28-8, §11-28-9, §11-28-10, §11-28-11, §11-28-12 and §11-28-13, all relating to authorizing county commissions to impose a recreation and amusement surcharge; providing legislative findings; specifying maximum rate of surcharge; events where a surcharge may be imposed; accounting and reporting by vendor; collection and recordkeeping by county sheriffs; and dedication of funds.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Hunter and Kessler:
Senate Bill No. 537--A Bill to amend and reenact §30-7-15a, §30-7-15b and §30-7-15c of the Code of West Virginia, 1931, as amended, all relating to expanding prescriptive authority of advanced nurse practitioners; and removing requirement for collaborative relationship.
Referred to the Committee on Health and Human Resources.
By Senator Hunter:
Senate Bill No. 538-- A Bill to amend and reenact §51-2A-11 and §51-2A-14 of the Code of West Virginia, 1931, as amended, all relating to extending the time to file an appeal from an order of the family court pending a motion for reconsideration.
Referred to the Committee on the Judiciary.
By Senators Foster, McKenzie, Plymale and Kessler:
Senate Bill No. 539-- A Bill to amend and reenact §7-14D-2, §7- 14D-9 and §7-14D-11 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System; clarifying annuity starting date; retirement benefits; and commencement of benefits.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Helmick, Minard and Guills:
Senate Bill No. 540-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-11b, relating to providing tax credits for utility taxpayers with a net operating loss prior to the thirty- first day of December, two thousand six.
Referred to the Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 541-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-5b; to amend and reenact §11-8-6f of said code; to amend said code by adding thereto a new section, designated §11- 21-22; to amend and reenact §18-9A-2 and §18-9A-11 of said code; and to amend said code by adding thereto a new section, designated §18-9A-2a, all relating to public school finance; requiring local share to be calculated assuming properties are being assessed at sixty percent of market value; eliminating the one-percent limit on revenue generated by the regular school board levy; freezing the school board levy rates at their current rate; amending growth county definition and clarifying what new property values to include for the purposes of the Growth County School Facilities Act; increasing state aid to financially impacted counties and counties assessing at a minimum of fifty-seven percent of market value by reducing the percentage used to calculate levies for general current expense purposes; providing for a refundable property tax credit for real property taxes paid in excess of four percent of income; requiring that a library funding obligation created by special act be paid from funds other than local share; and limiting a library funding obligation to the difference between local share and actual total school board levy revenues.
Referred to the Committee on Education; and then to the Committee on Finance.
Senators Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 33--Requesting the Bureau of Senior Services and the Department of Environmental Protection study the most effective means to develop, maintain and expand meaningful opportunities for the state's senior residents to participate in volunteer projects relating to the environment.
Whereas, The State of West Virginia has an active, talented and informed population of senior residents desiring to participate in activities and programs that contribute to their local communities and the environment; and
Whereas, All West Virginians benefit from the pursuit of projects related to water quality, environmental education and restoration and protection of our environment; and
Whereas, The West Virginia Department of Environmental Protection and the West Virginia Division of Natural Resources currently have many opportunities for the general public to participate in programs, including local watershed associations, stakeholder groups, Adopt-a-Highway, Adopt-a-Spot, Adopt-a-Dump and Clean Streams initiatives; and
Whereas, The Bureau of Senior Services and the Department of Environmental Protection are in a position to provide senior citizens with effective and meaningful opportunities to be involved in activities that not only contribute to the restoration and protection of the environment, but also provide significant benefits to those involved; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Bureau of Senior Services and the Department of Environmental Protection to study the most effective means to develop, maintain and expand meaningful opportunities for the state's senior residents to participate in volunteer projects relating to the environment; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection study the most effective means of coordination to foster and facilitate such volunteer opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection study the feasibility of establishing a statewide network of county-based organizations to promote such opportunities; and, be it
Further Resolved, That the Bureau of Senior Services and the Department of Environmental Protection report to the regular session of the Legislature, 2008, on their findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate their recommendations.
Which, under the rules, lies over one day.
Senators Boley, Deem, Tomblin (Mr. President), Bailey, Barnes, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 15-- Memorializing the life of the Honorable Sam White, former attorney, member of the House of Delegates, member of the West Virginia Senate, circuit judge and distinguished West Virginian.
Whereas, Sam White was born May 21, 1927, in Mercer County, the son of Dr. S. Ray and Ora (Ward) White; and
Whereas, Sam White attended Ohio State University and West Virginia University, where he received an LLB degree; and
Whereas, In 1953, while still attending law school, Sam White was elected Prosecuting Attorney of Pleasants County and served in that office until 1969; and
Whereas, Sam White served in a number of official capacities in Pleasants County, including as a Master Commissioner for Circuit Court, Commissioner of Accounts and as city attorney for St. Marys and Belmont; and
Whereas, In 1976, the Honorable Sam White was elected to the West Virginia House of Delegates, where he served two terms; and
Whereas, In 1980, the Honorable Sam White was elected to the West Virginia Senate from the third senatorial district; and
Whereas, During his tenure as a member of the Senate, the Honorable Sam White served as a member of the Senate Committees on Banking and Insurance, Elections, Energy, Industry and Mining, Judiciary, Military, Small Business and Transportation; and
Whereas, In 1985, the Honorable Sam White was appointed judge of the third judicial circuit of West Virginia. In 1986, the Honorable Sam White was elected to the office and served until 1992. He chose not to seek reelection; and
Whereas, Following his service as a circuit judge, the Honorable Sam White continued in the active practice of law in St. Marys; and
Whereas, Sadly, the Honorable Sam White passed away on Wednesday, May 10, 2006, leaving behind his loving wife Mary. He was the proud father of three sons, Bruce White of Parkersburg, Wood County, Fred White of Conyers, Georgia, and Max White of Keyser, Mineral County. He was also the proud stepfather of three stepsons, Danny Stickel of Jane Lew, Lewis County, and Herman Stickel III and Michael Stickel, both of West Union, Doddridge County; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Sam White, former attorney, member of the West Virginia House of Delegates, member of the West Virginia Senate, circuit judge and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere sympathy to the family and friends of the Honorable Sam White; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Sam White.
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.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senators Boley and Deem regarding the adoption of Senate Resolution No. 15 were ordered printed in the Appendix to the Journal.
At the request of Senator Kessler, unanimous consent being granted, the remarks by Senator Chafin regarding the adoption of Senate Resolution No. 15 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
 Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 542 (originating in the Committee on Education)--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education regarding the West Virginia Higher Education Grant Program and the Workforce Development Initiative Program.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
 The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 197, Authorizing use of reasonable force against intruder.
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. Com. Sub. for S. B. No. 197) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 389, Defining blue catfish as game fish.
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, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sprouse--1.
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. 389) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
 Eng. Senate Bill No. 396, Exempting site-specific data on certain rare plant or animal species from disclosure.
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. 396) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
 Eng. House Bill No. 2141, Raising the age at which a person may request to be excused from jury duty from sixty-five to seventy.
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. H. B. No. 2141) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
 The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 168, Allowing consumer lenders to sell home and automobile membership plans.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
Engrossed Committee Substitute for Senate Bill No. 168 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: Barnes--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 168) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 6, Authorizing boat safety checks by conservation officers.
Com. Sub. for Senate Bill No. 178, Allowing counties to increase hotel occupancy tax.
Senate Bill No. 405, Relating to direct deposit payment.
Com. Sub. for Senate Bill No. 428, Establishing consumer identity theft protections.
And,
Senate Bill No. 431, Regulating agricultural liming materials.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, and by unanimous consent, Seth Gordon addressed the Senate on behalf of the Frasure-Singleton Student Legislative Program.
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 Monday, February 12, 2007, at 11 a.m.
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