sdj-35th day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
THIRTY-FIFTH DAY
____________

Charleston, W. Va., Tuesday, February 13, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Chuck Lawrence, Christ Temple Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, February 12, 2007,
On motion of Senator Chafin, 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. 2349--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-17-16, relating to continuation of the Board of Registration for Sanitarians.
Referred to the Committee on Government Organization.
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. 2574--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-30-14, relating to continuation of the Board of Social Work Examiners.
Referred to the Committee on Government Organization.
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. House Bill No. 2578--A Bill to amend and reenact §33-16- 3a of the Code of West Virginia, 1931, as amended, relating to extending mental health benefit packages; removing the sunset provision for mandated insurance parity; and removing insurance commissioner reporting requirement.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
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. 2586--A Bill to amend and reenact §30-10- 20 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Veterinary Medicine.
Referred to the Committee on Government Organization.
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. 2587--A Bill to amend and reenact §30-8-11 of the Code of West Virginia, 1931, as amended, relating to continuation of the Board of Optometry.
Referred to the Committee on Government Organization.
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. 2787--A Bill to amend the Code of West Virginia, 1931, as amended, by adding a new article, designated §3-1C-1, §3-1C-2, §3-1C-3, §3-1C-4, §3-1C-5, §3-1C-6, §3-1C-7, §3-1C-8, §3-1C-9, §3-1C-10, all relating to the creation of the Address Confidentiality Program.
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. 2789--A Bill to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, relating to authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants.
Referred to the Committee on Finance.
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. 2791--A Bill to repeal §62- 6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-10-1 and §62-10-3 of said code, all relating to penalties for violating peace bonds.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 6--Urging the West Virginia Supreme Court of Appeals to adopt the recommendations of the West Virginia State Bar's Lawyer Advertising Commission to amend the current Rules of Professional Conduct for the further regulation of communications about lawyers and their services.
Whereas, The Lawyer Advertising Commission was appointed by The West Virginia State Bar to research, study and debate factual, legal and ethical issues related to advertising by the State's lawyers; and
Whereas, The Lawyer Advertising Commission has examined the subject from many perspectives, including the advisability and scope of perishable regulation of lawyer advertising in West Virginia and the approaches that other states have taken on the issue; and
Whereas, The Lawyer Advertising Commission has found and concluded that although most lawyers who advertise do so responsibly, there is a need for further regulation of communications about lawyers and their services in order to promote respect for the legal process and to protect the public from being misled by false or deceptive advertising; and
Whereas, On the basis of its findings, the Lawyer Advertising Commission has recommended to the State Bar's Board of Governors that the current West Virginia Rules of Professional Conduct be expanded and amended to address the issue of lawyer advertising; and
Whereas, The State Bar's Board of Governors has accepted the Lawyer Advertising Commission's report and its recommendations, with further amendments, and has forwarded the report and recommendations to the West Virginia Supreme Court of Appeals for its review and action; and
Whereas, The recommendations of the Lawyer Advertising Commission are currently awaiting action by the West Virginia Supreme Court of Appeals which has exclusive authority to regulate the practice of law in this State; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme Court of Appeals to adopt the Lawyer Advertising Commission's recommendations to expand and amend the West Virginia Rules of Professional Conduct; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby directed to forward a copy of this resolution to the West Virginia Supreme Court of Appeals.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 9--Urging the West Virginia Supreme Court of Appeals to design and implement a process of data collection on the children and families involved in divorce and child custody matters decided by the family law courts of this state.
Whereas, In 2001 the West Virginia Legislature enacted sweeping changes to child custody laws of the State; and
Whereas, Those changes were in large part reflective of the American Law Institute's model legislation developed to provide determinate and predictable outcomes that benefit children in the vast majority of cases without imposing standardized solutions that offend society's commitment to pluralism and parental autonomy; and
Whereas, Prior to the reforms initiated by the Legislature in 2001, the courts of West Virginia decided custody issues under the best-interests-of-the-child test, despite wide-spread recognition that the test made results difficult to predict, thus encouraging unnecessary litigation, the hiring of expensive experts, and strategic or manipulative behavior by parents; and
Whereas, The approach enacted by the Legislature in 2001 requires post-separation allocations of residential responsibility to each parent that approximate the proportion of care-taking each parent assumed before the separation. In focusing on past care- taking patterns, this approach derives what is best for a particular child not from the experience of families in the aggregate, or from some state ideal of the divorced family, but from the experience of the individual child's own family; and
Whereas, In 2006, the Legislature resolved in House Concurrent Resolution 55 to review the comprehensive legislative changes in divorce and custody laws enacted in 2001, and determine whether additional reforms are necessary; and
Whereas, During the 2006 interim meetings, a subcommittee of the Joint Committee on the Judiciary undertook such a study of the state's current divorce and custody laws; and
Whereas, That study reviewed information prepared by the West Virginia Supreme Court of Appeals regarding the number and types of family law cases decided by the courts in the previous year. Unfortunately, the data provides little or no information on the personal characteristics of parents, types of custody arrangements agreed upon by parents or imposed by the courts, family composition (e.g., age and sex of the children), the socio-economic status of the family, and the amount of parental co-operation; and
Whereas, To truly determine whether additional legislative reforms are necessary and appropriate, additional data on the families participating in matters of child custody before the state's family courts is essential; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the West Virginia Supreme Court of Appeals to develop and implement additional data collection tools for divorce and child custody cases decided by the family law courts of this state for the purpose of providing the Legislature with relevant information to be considered in determining whether further legislative changes to the state's divorce and custody laws are necessary and appropriate.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 12--Naming the bridge on Route 3 at Toney's Branch Road in Boone County the "Narvel 'Peanuts' Perdue Bridge".
Whereas, Narvel "Peanuts" Perdue served with distinction as an infantryman in the United States Army after enlisting in November 1942; and
Whereas, Mr. Perdue fought in several theaters of war including campaigns in New Guinea, the Leyte Gulf and the Luzon Islands; and
Whereas, Mr. Purdue's gallantry on the field of battle on behalf of this country was recognized almost sixty years to the day after his discharge - when - at such time he was awarded three Bronze Stars, a Good Conduct Medal, a WWII Victory Medal, an Asiatic-Pacific Campaign Medal, a Philippine Liberation Ribbon and badges for Combat Infantry and Sharp Shooting; therefore, be it
Resolved by the Legislature of West Virginia:
That the bridge on Route 3 at Toney's Branch Road in Boone County shall be named the "Narvel 'Peanuts' Perdue Bridge"; and, be it
Further Resolved, That the Division of Highways shall cause signs to be manufactured which display prominently the words "The Narvel 'Peanuts' Perdue Bridge" to be placed at each entryway of said bridge; and, be it
Further Resolved, That a certified copy of this resolution shall be mailed by the Clerk of the House of Delegates to Narvel Perdue at his place of residence in Boone County, West Virginia.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 15--Naming the stretch of highway between the Racine bridge and the Peytona bridge on Route 3 in Boone County "The Travis Harless Memorial Highway".
Whereas, Travis Harless, at the age of 24, was killed while riding his motorcycle approximately 1.03 miles from the Racine intersection on Route 3 in Boone County going west; and
Whereas, Travis died at the scene of the accident after his motorcycle struck a car, ejecting him into the path of an oncoming car; and
Whereas, Travis is sadly missed by his many friends and family, including his wife, parents, brother and grandparents; and
Whereas, Travis was a loving and devoted friend, husband, son, brother and grandchild whose youthful life was taken by a tragic and unfortunate terrible accident; therefore, be it
Resolved by the Legislature of West Virginia:
That the stretch of highway between the Racine bridge and the Peytona bridge on Route 3 in Boone County shall be named "The Travis Harless Memorial Highway"; and, be it
Further Resolved, That the Division of Highways shall erect signs at each end of the Racine and Peytona bridges notifying motorists of the memorial designation; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Pam Harless (Travis' mother) at her place of residence at HC 81, Box 259, Racine, West Virginia 25165.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments.
Senate Bill No. 204, Assessing cost of petit juries in magistrate court.
Senate Bill No. 206, Assessing court costs for participants in pretrial diversion programs.
Senate Bill No. 207, Providing fine for violating terms of bond.
And,
Com. Sub. for Senate No. 382, Relating to reemployment of certain Supreme Court retirees.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 105 (originating in the Committee on Finance)--A Bill to amend and reenact §7-14E-2 of the Code of West Virginia, 1931, as amended, relating to imposing a surcharge on county commissions for delinquent payment of fees due the Deputy Sheriff Retirement Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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 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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
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. 312, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to dialysis technicians.
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 Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance service authorities.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 454, Renaming and restructuring Bureau of Employment Programs.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
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. 492, Relating to accelerated payment of certain taxes.
Eng. House Bill No. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act.
And,
Eng. Com. Sub. for House Bill No. 2314, Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 512 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §62-6-8, relating to prohibiting law-enforcement officers or prosecutors from asking or requiring an adult, youth or child victim of an alleged sexual offense to submit to a polygraph examination or other truth-testing device as a condition for proceeding with the investigation of the offense; and to preclude declination to investigate or prosecute for a refusal to undergo such testing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 529 (originating in the Committee on the Judiciary)--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 medical examination, participate in the criminal justice system or cooperate with law enforcement in order to receive a forensic medical examination; and clarifying that licensed medical facilities may seek payment from the alleged victim or his or her insurer for services rendered other than the forensic medical examination.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 529), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 530, Authorizing voter not affiliated with any political party to vote in primary.
And,
Senate Bill No. 531, Relating to filing service of process on corporations in class action suits.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 539, Relating to Deputy Sheriff Retirement System.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 539 (originating in the Committee on Pensions)--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.
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,
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 reference of the bill contained in the foregoing report from the Committee on Pensions.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2120, Prescribing minimum standards for municipal judges.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
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 Hunter and Minard:
Senate Bill No. 559-- A Bill to amend and reenact §33-2-10 of the Code of West Virginia, 1931, as amended, relating to the authority of the Insurance Commissioner to propose rules related to the business of insurance necessary to protect military personnel.
Referred to the Committee on Banking and Insurance.
By Senators Bailey and Kessler:
Senate Bill No. 560--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended, relating to reducing and ultimately eliminating the severance tax imposed on behavioral health care providers.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Barnes and Hunter:
Senate Bill No. 561--A Bill to amend and reenact §17-23-4 of the Code of West Virginia, 1931, as amended, relating to removing the exemption for salvage yards licensed before one thousand nine hundred eighty-eight from the screening provisions of said section.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 562--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-10a, relating to the economic opportunity tax credit; providing credit for specified high-technology manufacturers; and specifying definitions.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Tomblin (Mr. President), Bailey, Helmick, Love, Fanning, Chafin, Stollings, Unger, Wells, Boley, Minard, McKenzie and Green:
Senate Bill No. 563-- A Bill to amend and reenact §14-2-5 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Joint Committee on Government and Finance may appoint the clerk, chief deputy clerk and deputy clerks of the Court of Claims.
Referred to the Committee on the Judiciary.
By Senators Wells, Fanning and Love:
Senate Bill No. 564-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5-10B-3a and §5-10B-10a; to amend and reenact §11-21-12 of said code; and to amend and reenact §36-8-13 of said code, all relating to government employees' deferred compensation plans; authorizing automatic enrollment in a plan; authorizing a matching contribution program; establishing matching program term; establishing qualifications for participation; limiting the match to twenty-five percent of employee contributions at a maximum of one hundred dollars per year, not to exceed four hundred dollars over the life of the matching program; establishing the Deferred Compensation Matching Fund; specifying that operation of a matching program is contingent upon funding by the Legislature and may be changed or discontinued at any time for a time certain or indefinitely; specifying that disbursements from the matching fund may not exceed one million dollars in any one fiscal year; allowing earnings to accrue to the matching fund; authorizing a reduction of adjusted gross income by up to two thousand dollars per year of benefits received under the West Virginia Government Employees Deferred Compensation Plan for personal income tax purposes; and requiring the unclaimed property administrator to transfer three million dollars from the Unclaimed Property Trust Fund to the matching fund on or before the first day of June, two thousand seven, and one million dollars on or before the first day of June, two thousand eight.
Referred to the Committee on Finance.
By Senators Wells, Guills, Bowman, Yoder, Barnes, Foster, Helmick, Minard, White, Kessler, Boley, Facemyer, Bailey, Hunter, Fanning, Prezioso, Green, Love and Oliverio :
Senate Bill No. 565-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31B-3-303a; to amend said code by adding thereto a new section, designated §31D-8-860a; to amend said code by adding thereto a new section, designated §31E-8-813; and to amend said code by adding thereto a new section, designated §47B-3-3a, all relating to requiring any partnership, limited liability company, nonprofit corporation or business corporation conducting business in this state and receiving funds from this state to provide upon request of any citizen and without charge the names of the members of their governing organization.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 566-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-8-29, relating to providing for a criminal offense for employers who facilitate employment of any employee to other intrastate employment when such employee is known by the employer to have had sexual relations with an individual under the age of eighteen years.
Referred to the Committee on the Judiciary.
By Senators Foster and Kessler:
Senate Bill No. 567-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-5-2b, relating to revamping the drunk driving provisions related to various crimes and penalties; prescribing criminal offenses; providing for aggravating factors related to driving under the influence which increase criminal penalties; requiring certain offenders to perform community service and submit to screening programs; providing for graduated penalties for repeat offenders; requiring mandatory participation in treatment programs for certain offenders; requiring certain repeat offenders to install ignition interlock devices; requiring the Division of Motor Vehicles to propose rules for legislative approval; and providing that offenders under certain circumstances may apply to the circuit court for the removal of interlock devices and full restoration of driving privileges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Unger, Minard and Hunter:
Senate Bill No. 568-- A Bill to amend and reenact §33-20-18 of the Code of West Virginia, 1931, as amended, relating to lowering from fifty-five years of age to fifty years of age concerning the requirement that automobile insurers provide for premium reductions.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Jenkins and Kessler:
Senate Bill No. 569-- A Bill to amend and reenact §11-15-18b of the Code of West Virginia, 1931, as amended, relating to modifying how funds from the motor fuel excise tax are dedicated; and creating two new taxes to be deposited in two new funds designated as the Special Railroad and Intermodal Enhancement Fund and the Special Maritime Enhancement Fund.
Referred to the Committee on Finance.
Senators Chafin and Fanning offered the following resolution:
Senate Concurrent Resolution No. 36-- Requesting the Division of Highways name the bridge at the Right Hand Fork of Gilbert Creek in Mingo County the "Wilburn and Effie Cline Memorial Bridge".
Whereas, Wilburn and Effie Cline were lifelong residents of Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for local residents; and
Whereas, Wilburn and Effie Cline owned and operated a country store in Gilbert most of their adult lives; and
Whereas, Wilburn and Effie Cline donated to the State of West Virginia the land needed to build the bridge at Right Hand Fork of Gilbert Creek; and
Whereas, It is fitting that this bridge be named for Wilburn and Effie Cline who represented the best qualities of citizens in this state by their industry, citizenship and dedication to meeting the needs of friends, neighbors and patrons at their country store; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge at the Right Hand Fork of Gilbert Creek in Mingo County the "Wilburn and Effie Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Wilburn and Effie Cline 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.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President) and Caruth (By Request of the Executive) offered the following resolution:
Senate Concurrent Resolution No. 37--Designating the West Virginia Legislature as a "Legislature of Promise".
Whereas, The United States President's Summit for America's Future in 1997 challenged the nation to make children and youth a national priority by providing opportunities for their success through the fulfillment of fundamental promises; and
Whereas, America's Promise - The Alliance for Youth, founded by former Secretary of State Colin Powell, was initiated at the President's Summit in 1997 and earned the support of Presidents Clinton, G. H. W. Bush, Reagan, Carter and Ford; and
Whereas, President George W. Bush reaffirmed his commitment to this important initiative in 2001; and
Whereas, America's Promise is an alliance that brings together communities, individuals and organizations from all sectors to improve opportunities for children and youth; and
Whereas, The mission of America's Promise is to strengthen the character and competence of America's youth and to see that every child in America has the fundamental resources that he or she needs to be prepared for the future; and
Whereas, America's Promise utilizes donations received to improve health care in schools, provide education for technology, recruit mentors for young people and build and maintain community centers; and
Whereas, America's Promise provides five basic promises for youth:
(1) Caring adults who are vitally involved in their lives as parents, mentors, tutors and coaches;
(2) Safe places with structured activities for learning and play;
(3)A healthy start that encourages healthy choices;
(4)An effective education that builds marketable skills; and
(5)

Opportunities to help others; and

Whereas, West Virginia became a "State of Promise" under the leadership of Governor Joe Manchin III and First Lady Gayle C. Manchin; and
Whereas, Monroe and Mercer counties earned the honor of being named part of the "100 Best Communities for Young People" in 2007 and continue to lead a statewide network of organizations and individuals throughout West Virginia intent on delivering the five promises to the youth in their communities; and
Whereas, "Communities of Promise" are dependent upon leaders in the community to implement programs designed to deliver the five promises locally; and
Whereas, Citizens look to their elected officials for support of programs that ensure the success of youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the West Virginia Legislature as a "Legislature of Promise"; and, be it
Further Resolved, That the Legislature promotes the development of new "Communities of Promise" within members' districts by fostering programs designed to deliver the five promises to the youth of the State of West Virginia.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Edgell, Prezioso, McCabe, Minard, Stollings, Jenkins, Oliverio, Foster, Hunter and Kessler offered the following resolution:
Senate Resolution No. 16--Designating February 13, 2007, as "Higher Education Day".
Whereas, The foundation of any society's success is the degree to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to supporting higher education; and
Whereas, West Virginia's colleges and universities increase the knowledge base of West Virginia students, as well as those from other states; and
Whereas, West Virginia's education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and
Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and
Whereas, West Virginia's colleges and universities advance the development of technology, partner in business and industry, conduct ground-breaking research and improve lives through advanced health care; and
Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia's colleges and universities have developed student-centered programs and curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2007, as "Higher Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to excellence the leaders of our colleges and universities have demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, the President of West Virginia Independent Colleges and Universities, Inc., and to each of the presidents of West Virginia's independent and public colleges and universities.
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 Hunter, and by unanimous consent, the remarks by Senator Plymale regarding the adoption of Senate Resolution No. 16 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 resumed business under the sixth order.
Senator Caruth offered the following resolution:
Senate Resolution No. 17--Honoring the Concord University Mock Trial Team for outstanding academic achievement.
Whereas, Concord University is a public, liberal arts university in Athens, Mercer County; and
Whereas, Concord University's Mock Trial Team won the 2006 National Mock Trial Competition sponsored by the National Phi Alpha Delta, Pre-Law Fraternity; and
Whereas, In 2006, Concord University's Mock Trial Team also won the "Best Defense Team" at the National Mock Trial Competition for the third year in a row; and
Whereas, During the past three years, Concord University's Mock Trial Team has defeated larger universities, including Temple University, Texas Tech University, University of California Northridge, University of Michigan, University of Miami (FL) and three-time national champion University of Arizona, and has been referred to by competitors as "giant killers"; and
Whereas, It is fitting that Concord University's Mock Trial Team, coached by Marshall Campbell and composed of students Bryan Henderson, Matt Stonestreet, Ashleigh Gillespie and Nathaniel Nagy, be honored for its dedication, intellectual excellence and hard work; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the Concord University Mock Trial Team for outstanding academic achievement; and, be it
Further Resolved, That the Senate extends its congratulations to the Concord University Mock Trial Team on winning the 2006 National Mock Trial Competition; and, be it
Further Resolved, That the Clerk is hereby directed to forward of copy of this resolution to the coach and each member of the Concord University Mock Trial Team.
At the request of Senator Caruth, 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 Guills, and by unanimous consent, the remarks by Senator Caruth regarding the adoption of Senate Resolution No. 17 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 resumed business under the sixth order.
Senators Foster, Prezioso, McCabe, Minard, Stollings, Jenkins, Oliverio, Green, Hunter and Kessler offered the following resolution:
Senate Resolution No. 18--Designating February 13, 2007, as "Law Enforcement Appreciation Day".
Whereas, West Virginia has one of the lowest crime rates in the United States; and
Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged and honored for their contributions which resulted in these statistics; and
Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times of need no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law- enforcement officers who have distinguished themselves with unselfish and exemplary service to the community and its citizens; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2007, as "Law Enforcement Appreciation Day"; and, be it
Further Resolved, That the Senate is proud of the men and women who daily put their lives on the line and who uphold the creed "To protect and serve"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of law enforcement.
At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting Joint Committee on Government and Finance study congestive obstructive pulmonary disease management program.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
Senate Concurrent Resolution No. 35, Urging Congress reauthorize State Health Insurance Program.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 6, Authorizing boat safety checks by conservation officers.
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, 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: None.
Absent: Facemyer and Sharpe--2.
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. 6) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 178, Allowing counties to increase hotel occupancy tax.
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, 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: None.
Absent: Facemyer and Sharpe--2.
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. 178) 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. 405, Relating to direct deposit payment.
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, 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: None.
Absent: Facemyer and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 405) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 428, Establishing consumer identity theft protections.
On third reading, coming up in regular order, with the right having been granted on yesterday, Monday, February 12, 2007, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Caruth, the following amendment to the bill was reported by the Clerk:
On page nineteen, section one hundred four, line nineteen after the word "fees" by inserting the words "which attorney's fees are not to exceed the amount of actual damages sustained".
Following discussion,
The question being on the adoption of Senator Caruth's amendment to the bill, the same was put and did not prevail.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senators Yoder and Caruth regarding the adoption of Senator Caruth's amendment to Committee Substitute for Senate Bill No. 428 were ordered printed in the Appendix to the Journal.
The bill was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 428 was then 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, 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: None.
Absent: Facemyer and Sharpe--2.
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. 428) 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. 431, Regulating agricultural liming materials.
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, 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: None.
Absent: Facemyer and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 431) 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, 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: None.
Absent: Facemyer and Sharpe--2.
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. 431) 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.
Senate Bill No. 395, Relating to Management of Pain Act.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page three, section one, line thirty-four, by striking out the word "or" and inserting in lieu thereof the word "and".
The bill (S. B. No. 395), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 399, Relating to issuance of driver's licenses.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 542, Authorizing rules for Higher Education Policy Commission and Council for Community and Technical College Education.
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 tenth order of business.
Senate Bill No. 387, Guaranteeing certain veterans bronze military grave markers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 487, Paying certain tuition and fees for National Guard members.
On first reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Hunter, the bill was referred to the Committee on Finance.
The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Facemyer and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 14, 2007, at 11 a.m.
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