WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

THIRTY-SEVENTH DAY

____________

Charleston, W. Va., Thursday, February 15, 2007

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

Prayer was offered by the Reverend Ray Sexton, Open Arms Pentecostal Church of God, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, February 14, 2007,
On motion of Senator Deem, 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 360, Extending time local levying bodies may meet.
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. 2204--A Bill to amend and reenact §8-14-24 of the Code of West Virginia, 1931, as amended, relating to providing that a retiring municipal police officer may keep his or her service revolver at no charge; and providing exceptions.
Referred 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. 2380--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9i, relating to exempting the purchase of certain drugs, durable medical goods, mobility enhancing equipment and prosthetic devices from the consumers sales and service tax.
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. 2498--A Bill to amend and reenact §61-8-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-8B-1 of said code, all relating to sexual offenses involving children; enhancing the penalty for indecent exposure where the victim is a child under the age of fourteen; increased penalties for second and subsequent offenses; and expanding the definition of sexual contact to include the touching of the buttocks.
Referred 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. 2801--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new chapter, designated §5H-1-1, §5H-1-2 and §5H-1-3, all relating to providing a death benefit to the families of firefighters and EMS personnel who are killed as a result of an injury arising out of and in the course of performance of official duties or arising out of any activity on or off duty in the capacity of a firefighter or EMS provider; establishing an effective date; and establishing the processes to get the death benefits and the funding source.
Referred to the Committee on Finance.
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. 2917--A Bill to amend and reenact §11-15- 16 and §11-21-74 of the Code of West Virginia, 1931, as amended, relating to the accelerated payment of consumers sales and service tax and personal income tax withholding tax; and eliminating the requirement for such accelerated payments after a certain date.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2988--A Bill to amend and reenact §11-10-4 of the Code of West Virginia, 1931, as amended, relating to administration of taxes; and enacting certain definitions.
Referred to the Committee on Finance.
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. 2989--A Bill to amend and reenact §11-10E- 6, §11-10E-8 and §11-10E-9 of the Code of West Virginia, 1931, as amended, all relating to certain tax shelters used to avoid paying state income taxes; clarifying when certain penalties are imposed; determining when the tax shelter registration number is to be filed with the Tax Commissioner; and determining when tax shelter investor lists are to be filed with the Tax Commissioner.
Referred to the Committee on Finance.
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. 2990--A Bill to amend and reenact §11-10- 11 of the Code of West Virginia, 1931, as amended, relating to the administration of taxes; and providing technical corrections to assure the proper collection of offset fees.
Referred to the Committee on Finance.
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. 2991--A Bill to amend and reenact §11-1-1 of the Code of West Virginia, 1931, as amended, relating to the State Tax Division in the Department of Revenue; and authorizing the tax commissioner to conduct criminal background checks for prospective employees.
Referred to the Committee on Government Organization; 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. 2992--A Bill
to amend and reenact §11-27- 11 of the Code of West Virginia, 1931, as amended, relating to decreasing the health care provider tax imposed on gross receipts of providers of nursing facility services; and setting forth effective date.
Referred to the Committee on Finance.
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
Com. Sub. for Senate Bill No. 68 (originating in the Committee on the Judiciary), Improving coal mine health and safety.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 68 (originating in the Committee on Finance)--A Bill to amend and reenact §22A-1-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §22A-2-4a; to amend and reenact §22A-2-5 of said code; to amend and reenact §22A-7-5 of said code; to amend said code by adding thereto a new section, designated §22A-7-7; and to amend said code by adding thereto a new article, designated §22A-11-1, §22A-11-2, §22A-11-3 and §22A-11-4, all relating generally to coal mine health and safety; authorizing Director of the Office of Miners' Health, Safety and Training, upon a finding of imminent danger, to issue closure orders for mines under certain circumstances; prohibiting the use of a belt conveyor entry as an intake air course and providing exceptions thereto; providing requirements for the design, construction and inspection of seals and the atmospheric monitoring of sealed areas; prohibiting use of certain seals and providing for requirements for remediation of existing seals under certain circumstances; prohibiting the use of bottom mining and providing exceptions thereto; requiring continuing education for underground mine foremen-fire bosses and setting course requirements; continuing the Mine Safety Technology Task Force; legislative findings; establishing powers and duties of task force; reimbursement; and task force consultation in approval of safety devices.
With the recommendation that the committee substitute for committee substitute 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. 116, Creating criminal offense of voyeurism.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 116 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §61-8-28 of the Code of West Virginia, 1931, as amended, relating to criminal invasion of privacy generally; adding criminal offense of voyeurism or unlawful viewing where an individual has an expectation of privacy; providing misdemeanor penalties; providing exception for law-enforcement and security surveillance and other lawful visual portrayals and viewing; and extending criminal prosecution for a misdemeanor violation of this section to three years after the date of the offense.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 152, Creating Indigent Defense Commission.
And reports the same back with the recommendation that it 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
Com. Sub. for Senate Bill No. 177 (originating in the Committee on Transportation and Infrastructure), Creating Division of Energy.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 177 (originating in the Committee on Finance)--A Bill to amend and reenact §5B-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §5B-2A-1, §5B-2A-3, §5B-2A-4, §5B-2A-5 and §5B-2A-12 of said code; to amend and reenact §5D-1-4 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new chapter, designated §5H-1-1 and §5H-1-2; and to amend and reenact §22-3A-7 of said code, all relating to the creation of the Division of Energy within the Department of Commerce; charging the Division of Energy to develop energy policies; placing the Office of Coalfield Community Development within the Division of Energy; creating the position of Executive Director of the Division of Energy; continuing and reconstituting the West Virginia Public Energy Authority; charging Executive Director of the Division of Energy to chair and administer the functions of the Public Energy Authority; providing executive director acts under the authority of the Secretary of Commerce; providing the executive director has authority over the Office of Coalfield Community Development and the Energy Efficiency Program of the West Virginia Development Office; providing the Public Energy Authority, the Office of Coalfield Community Development, executive director and other public agencies develop an energy policy and development plan and seek public input thereof; requiring submission of an energy policy and development plan to the Governor and Joint Committee on Government and Finance; setting forth matters to be addressed in the energy policy and development plan; providing that the executive director shall prepare an energy use database; providing that the executive director shall promote initiatives to enhance the nation's energy security; providing that the executive director shall encourage the development of energy infrastructure and strategic resources that will ensure the continuity of governmental operations in situations of emergency, inoperativeness or disaster; and providing funding for the Division of Energy.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 187, Revising sunset law.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 187 (originating in the Committee on Government Organization)--A Bill
to repeal §4-10-4a, §4-10-5a, §4-10-5b, §4-10-6a, §4-10-10a, §4-10-11a and §4-10-14 of the Code of West Virginia, 1931, as amended; and to amend and reenact §4-10-1, §4-10-2, §4-10-3, §4-10-4, §4-10-5, §4-10-6, §4- 10-7, §4-10-8, §4-10-9, §4-10-10, §4-10-11, §4-10-12 and §4-10-13 of said code, all relating to the West Virginia Performance Review Act, formerly the West Virginia Sunset Act; clarifying the legislative findings and definitions; updating the powers and duties of the Joint Committee on Government Organization; requiring department presentations; setting department presentation schedule; establishing a new agency review procedure and schedule; establishing a new regulatory board review procedure and schedule; authorizing compliance reviews; clarifying termination procedures; and providing that agencies do not terminate pursuant to prior enactments.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 335, Providing funding for WV Affordable Housing Trust Fund.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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. 384, Creating Nonnative Species Regulation Board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 384 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-9B-1, §19-9B-2, §19-9B-3, §19-9B-4, §19-9B-5, §19-9B-6, §19-9B-7, §19-9B-8, §19-9B-9, §19-9B-10, §19-9B-11, §19-9B-12, §19-9B-13, §19-9B-14 and §19-9B-15, all relating to regulating the sale, possession and breeding of nonnative animals; defining certain terms; creating the Nonnative Animals Regulation Board; establishing powers and duties; establishing a special revenue account and authorizing expenditures; providing rule-making authority; delineating the jurisdiction of member agencies; providing owner liable for the cost of care of seized nonnative animals; requiring pet shop registration, renewal and fee; requiring pet shop to keep records and provide certain notification; requiring identification number on dangerous animals; establishing caging requirements; requiring liability insurance, posting of signs and notification of escapes and releases; limiting public contact; authorizing certain inspections; specifying conditions under which nonnative animals may be seized; setting forth exemptions; and establishing civil and criminal penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 393, Creating Marketing and Communications Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 393 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-1-1a, relating to creating and providing for the Marketing and Communications Office to be administered by the Department of Commerce; and special revenue account.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 393), under the original double committee reference, was then referred to the Committee on Finance.
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. 414, Establishing flat fee for certain services by circuit clerks.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 414 (originating in the Committee on Finance)--A Bill to amend and reenact §38-5B-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-11 of said code, all relating to establishing a flat fee for certain services rendered by circuit clerks; eliminating other miscellaneous fees charged by circuit clerks; and authorizing the circuit clerk to assess a fee for creating and administering certain special funds.
With the recommendation that the committee substitute 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. 438, Relating to Investment Management Board.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
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. 442, Relating to grievance procedures for certain state and educational employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 442 (originating in the Committee on Government Organization)--A Bill
to repeal §18-29-1 , §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-29-6, §18-29-7, §18-29- 8, §18-29-9, §18-29-1 0 and §18-29-11 of the Code of West Virginia, 1931, as amended; to repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29- 6A-11 and §29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new article, designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C-2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a new article, designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3- 4, §6C-3-5 and §6C-3-6; to amend and reenact §11-10A-8 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-7-4 of said code; to amend and reenact §21-5E-4 of said code; to amend and reenact §22C-7-2 of said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E-5a of said code, all relating to repealing the education and state employees grievance procedures and board; establishing a new West Virginia public employees grievance procedure; creating the West Virginia Public Employees Grievance Board with five members appointed by the Governor; giving the board new powers, duties, rule-making authority and data collection responsibilities; making the grievance procedure more fair, efficient, cost effective and consistent; creating a unified grievance procedure with three levels for certain public employees; clarifying definitions and general grievance procedures; disallowing supervisors who evaluate from being representatives; clarifying and reorganizing general provisions; increasing time frames in grievance procedure; defining default provisions; eliminating laches and defining back pay; stating when employees may be represented; clarifying the procedure for conferences and hearings; removing hearing examiners from the grievance procedure; and making technical corrections to affected sections of the code.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 442), under the original double committee reference, was then referred to the Committee on Finance.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 444, Removing certain exceptions in minimum wage law.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 444 (originating in the Committee on Labor)--A Bill to amend and reenact §21-5C-1 of the Code of West Virginia, 1931, as amended, relating to removing certain exceptions in the definitions of "employer" and "employee" covered by the West Virginia minimum wage law.
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,
Michael A. Oliverio II,
Chair.
The bill (Com. Sub. for S. B. No. 444), under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 460, Requiring Division of Natural Resources promulgate rule applicable in Kanawha State Forest.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 460 (originating in the Committee on Natural Resources)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-22, relating to providing notice to the Director of the Division of Natural Resources, the Director of the Division of Forestry and the state forest superintendent of road access for permits and access road maintenance on state forests; requiring a public comment period; and requiring the director to promulgate applicable rules as permitted by law.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 496, Authorizing approval of State Personnel Board pay plans.
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 Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 505, Relating to State Police Death, Disability and Retirement Fund.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
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 Edgell, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 528, Depositing certain pesticide license fees into Pesticide Control Fund.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bill, 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. 557, Relating to judicial review of juvenile proceedings.
And reports the same back with the recommendation that it do pass.
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 Senator Minard:
Senate Bill No. 595
--
A Bill to amend and reenact §23-1-1f of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and reenact §23-2C-3, §23-2C-8, §23- 2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code by adding thereto a new section, designated §23-2C-18a; and to amend and reenact §23-5-9 of said code, all relating to the transition to a private workers' compensation insurance system; permitting the Insurance Commissioner to hire additional exempt employees; exempting the Insurance Commissioner from purchasing rules in some circumstances; changing requirements for approval of self-insured status and for reports from self-insured employers; making various technical changes necessitated by the transition to a private workers' compensation insurance system; authorizing the Insurance Commissioner to reduce certain claims against employers to present value; reducing frequency of certain payments from self-insured employers; authorizing the Insurance Commissioner to assess self- insured employers for certain funds; making certain assessments against self-insured employers discretionary with the Insurance Commissioner; clarifying how disputes related to claims against the Uninsured Employer Fund are resolved; increasing time that employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules; revising rate-making process; defining terms; providing for the designation of a single rating organization; deleting provisions regarding private carrier premium collection; and removing the requirement that the record of proceedings before the office of judges include certain documents.
Referred to the Committee on the Judiciary.
By Senators Kessler and Plymale:
Senate Bill No. 596
--A Bill to amend and reenact §3-1-2a of the Code of West Virginia, 1931, as amended, relating to municipal elections; and providing that municipal personnel responsible for elections must attend biannual training conducted by the office of the Secretary of State.
Referred to the Committee on Government Organization.
By Senators Boley, Unger and Foster:
Senate Bill No. 597
--
A Bill to amend and reenact §17B-3-3a, §17B-3-3c and §17B-3-4 of the Code of West Virginia, 1931, as amended, all relating to providing that accessible parking violations will be considered motor vehicle violations and criminal offenses for certain penalty and record-keeping purposes.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Prezioso, Plymale and Foster:
Senate Bill No. 598
--A Bill to amend and reenact §30-5-29 of the Code of West Virginia, 1931, as amended, relating to updating the sunset date of collaborative pharmacy practice agreements.
Referred to the Committee on Government Organization.
By Senators Plymale and Edgell:
Senate Bill No. 599
--
A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to eliminating the five hundred-dollar early notification bonus for a classroom teacher who gives early notification of his or her resignation from employment at the end of the school year; providing that only a retiring classroom teacher who gives early notification is eligible for the bonus; and making certain technical amendments.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 600
--
A Bill to amend and reenact §11-3-5 of the Code of West Virginia, 1931, as amended, relating to whom assessors may issue proof of payment of personal property taxes.
Referred to the Committee on Finance.
By Senators
Jenkins, Plymale, Kessler, Chafin, Unger, Oliverio, Bailey, Minard, Green, Caruth, Stollings, Deem, Bowman, Hall, Love, Yoder, Barnes, Helmick, Fanning, Foster, Hunter, Prezioso, Edgell , McKenzie, Guills and White:
Senate Bill No. 601
--
A Bill to amend and reenact §17A-6A-3 and §17A-6A-12 of the Code of West Virginia, 1931, as amended, all relating to the establishment or relocation of additional motor vehicle dealers within a relevant market area.
Referred to the Committee on the Judiciary.
By Senators Bailey, White, Barnes, Caruth, Minard, Prezioso, Fanning, Edgell, Guills and Hunter:
Senate Bill No. 602
--
A Bill to amend and reenact §16-9A-2 and §16-9A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §16- 9A-10 and §16-9A-11, all relating to restricting minor children's physical access to tobacco products; restricting purchases by persons on behalf of minor children; prohibiting minor children's use of false identification; requiring posting of certain notices to discourage attempted purchases by minor children; prohibiting out-of-package sales of cigarettes; and providing penalties.
Referred to the Committee on Health and Human Resources.
By Senators Plymale, Edgell, Unger, Jenkins, McCabe, Foster and Hunter:
Senate Bill No. 603
--
A Bill to amend and reenact §18-2E-7 of the Code of West Virginia, 1931, as amended, relating to establishing a 21st Century Tools for 21st Century Schools Technology Initiative; findings; requiring a West Virginia 21st Century Strategic Technology Learning Plan and setting forth specific areas it should address; requiring that the provision of technologies and services to students and teachers be based on a plan aligned with the goals of the West Virginia 21st Century Strategic Technology Learning Plan; allocation of technology funds; purchasing; and use of technology and technology infrastructure.
Referred to the Committee on Education.
By Senators Plymale, Edgell, McKenzie, Unger and Oliverio:
Senate Bill No. 604
--
A Bill to repeal §18B-3E-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-1-2 and §18B-1-10 of said code; to amend and reenact §18B-1B-6 of said code; to amend and reenact §18B-2A-1 of said code; to amend and reenact §18B-3C-4 of said code; to amend and reenact §18B-3E-1 of said code; to amend said code by adding thereto two new sections, designated §18B-3E-3 and §18B-3E-4; and to amend and reenact §18B- 6-1a of said code, all relating to merging Eastern Community and Technical College with Blue Ridge Community and Technical College on date certain; creating Potomac Highlands Campus of Blue Ridge Community and Technical College; authorizing operation of Potomac Highlands Campus; updating definitions; requiring certain reports to West Virginia Council for Community and Technical College Education and Legislative Oversight Commission on Education Accountability; providing for appointment of chief executive officer for Potomac Highlands Campus; requiring representation from certain counties on board of governors of Blue Ridge Community and Technical College and updating terms of office; designating facilitating institution for certain community and technical college consortia planning district; making legislative findings and providing legislative intent; transferring property and obligations; requiring notice of employment status for certain employees by date certain; specifying conditions for reductions in force; requiring adoption of certain policies, procedures and standards; clarifying mission; authorizing expenditure of certain funds for certain purposes; and deleting obsolete language.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Foster and White:
Senate Bill No. 605
--
A Bill to amend and reenact §3-8-9 and §3-8-12 of the Code of West Virginia, 1931, as amended, all relating to campaign contributions; clarifying language on contributions from political committees to certain other political committees; clarifying language regarding in-kind contributions; clarifying that individuals negotiating for state contracts may not contribute to candidates with whom they are negotiating; adjusting campaign contribution limits to match the federal limitations; allowing LLC contributions to political committees; and providing for technical cleanup.
Referred to the Committee on the Judiciary.
By Senators Kessler, Hunter and White:
Senate Bill No. 606
--
A Bill to amend and reenact §3-3-5 of the Code of West Virginia, 1931, as amended, relating to absentee voting; providing that the application for absentee voting may be distributed by electronic mail; providing for facsimile ballot for an absent uniformed services voter or overseas voter; requiring write-in candidates to file by a certain date; and providing for notice of write-in candidates to absentee voters.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 607
--
A Bill to amend and reenact §3-1-9 of the Code of West Virginia, 1931, as amended, relating to political party executive committees; requiring clerk of county commission to report election of members and vacancies of executive committees; establishing definite terms of executive committees; providing time after election of executive committee members for holding organizational meeting; changing time to fill vacancies on executive committees; setting time for submission of changes in executive committee membership to the Secretary of State; removing deadline for chair of executive committee to fill vacancies; and providing for chair of state executive committee to fill vacancy on district executive committee where chair of county executive committee fails to fill vacancy.
Referred to the Committee on the Judiciary.
By Senators Kessler and Hunter:
Senate Bill No. 608
--
A Bill to amend and reenact §21A-10-11 of the Code of West Virginia, 1931, as amended, relating to disclosure of employers in default of unemployment compensation payments and amounts by which employers are in default.
Referred to the Committee on the Judiciary.
By Senators Plymale, Unger, Bowman and Jenkins:
Senate Bill No. 609
--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 39--
Requesting the Division of Highways name the Gilbert Creek bridge on U. S. Route 52 in Mingo County the "Elmer and May Cline Memorial Bridge".
Whereas, Elmer and May Cline were lifelong residents of Gilbert, Mingo County; and
Whereas, The town of Gilbert was a significant trade area for local residents; and
Whereas, Elmer and May Cline owned and operated a country store in Gilbert most of their adult lives; and
Whereas, Elmer and May Cline were revered by the community for their integrity and the contributions they made to the vitality of the town of Gilbert; and
Whereas, It is fitting that this bridge be named for Elmer and May 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 Gilbert Creek bridge on U. S. Route 52 in Mingo County the "Elmer and May Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Elmer and May 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 Love, Plymale and Hunter offered the following resolution:
Senate Concurrent Resolution No. 40--
Requesting the Joint Committee on Government and Finance study the elimination of "dead spots" in wireless coverage in West Virginia.
Whereas, Telecommunications infrastructure is essential for all economies to compete in a global marketplace; and
Whereas, As a rural state, West Virginia is particularly dependent on wireless communication services to connect West Virginia businesses and communities to the global community; and
Whereas, A strong telecommunications infrastructure can be a catalyst for encouraging entrepreneurial activity, expanding cultural and tourism opportunities, creating new technology and financial sector jobs, rebuilding our downtown areas and enhancing the overall economic health of our communities; and
Whereas, A strong telecommunications infrastructure is not possible when West Virginia's wireless communications network is plagued by poor service quality and it is common that even when a carrier generally offers coverage in a geographic area, service for individual calls are not available due to the existence of numerous areas within the coverage area where service is not available because the signal between the handset and the cell tower is blocked, commonly referred to as "dead spots"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the elimination of "dead spots" in wireless coverage in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider ways it can encourage wireless carriers to work collectively in eliminating the "dead spots" to provide seamless wireless coverage throughout West Virginia; and, be it 
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators Plymale, Edgell, Unger, Foster and Hunter offered the following resolution:
Senate Concurrent Resolution No. 41--
Requesting the Joint Committee on Government and Finance study issues relating to the School Aid Formula.
Whereas, A subcommittee of the Joint Standing Committee on Education has studied the School Aid Formula for the past two years; and
Whereas, The School Aid Formula study has resulted in legislation being introduced during both the 2006 and 2007 regular sessions of the Legislature; and
Whereas, The School Aid Formula is complicated and includes many difficult and complex issues which should be studied further; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study issues relating to the School Aid Formula; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study shall include at least the following specific issues:
(1) Changing the current method of using population density as part of the calculation for determining the foundation allowance for transportation cost;
(2) Changing the method of financing special education, particularly for students with disabilities;
(3) Consideration of the use of a "cost-of-living index" in the calculation of state aid;
(4) The impact that changing student demographics will have on school finance;
(5) Consideration of "performance-based" rather than "needs- based" methods of school support;
(6) Comparison of the education support of this state with the education support of surrounding states as a benchmark emphasizing comparisons of teacher salaries and benefits, sources of educational financing, local levy elections and other key elements;
(7) Consideration of changing assessment practices; and
(8) The needs of low-enrollment and sparsely populated counties and methods of addressing those needs; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

Which, under the rules, lies over one day.
Senators Unger, Yoder, Jenkins, Minard, Plymale and Hunter offered the following resolution:
Senate Resolution No. 20--Recognizing the West Virginia AARP Driver Safety Program.
Whereas, The AARP Driver Safety Program is the nation's first and largest classroom driver refresher course specifically designed for drivers age 50 and older; and
Whereas, The AARP Driver Safety Program helps drivers refine existing skills and develop safe-driving strategies; and
Whereas, In 2006, the AARP Driver Safety Program celebrated 27 years of continuous service; and
Whereas, The AARP Driver Safety Program is taught and administered by a nationwide network of AARP-trained volunteers; and
Whereas, The program currently has over 100 West Virginia volunteers teaching more than 200 classes and graduating over 3,500 drivers; and
Whereas, Upon completion of the AARP Driver Safety Program, graduates may be eligible to receive a multiyear discount on auto insurance premiums; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia AARP Driver Safety Program; and, be it
Further Resolved, That the Senate extends its sincere appreciation to the dedicated AARP Driver Safety Program volunteers who help keep our state's highways and byways safer for all West Virginians; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to a representative of the West Virginia AARP Driver Safety Program.
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.
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 Tomblin (Mr. President), McKenzie, Edgell, Prezioso, Unger, Jenkins, Minard, Plymale, McCabe, Foster, Oliverio, Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Facemyer, Fanning, Green, Guills, Hall, Helmick, Hunter, Kessler, Love, Sprouse, Stollings, Sypolt, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 21--
Recognizing the 16th anniversary of USS West Virginia.
Whereas, On October 20, 2006, the officers and crew of USS West Virginia (SSBN 736) celebrated the 16th anniversary of the ballistic missile trident submarine; and
Whereas, The USS West Virginia (SSBN 736) was commissioned October 20, 1990, and is home ported in Kings Bay, Georgia. It is the first submarine and the third U. S. naval ship to bear the name of our state. The USS West Virginia (ACR-5) was commissioned in 1905 and the USS West Virginia (BB 48) was commissioned in 1923; and
Whereas, The USS West Virginia (SSBN 736) is 560 feet long, displaces 18,750 tons of water submerged, carries the Navy's sixth generation Fleet Ballistic Missile System, provides the nation's most enduring nuclear strike capability and has served as a significant deterrent to aggression and major war; and
Whereas, The USS West Virginia (SSBN 736) has two crews of 168 men, named the Blue and the Gold, which represent the official colors of the State of West Virginia; and
Whereas, The Senate is proud of the USS West Virginia (SSBN 736), its commanding officer, CDR Owen Travis, and her crew members who are professionals sworn to uphold their duties to protect our nation from all enemies, foreign and domestic; and
Whereas, The Senate is honored and privileged that the crew of the "Silent Service" call themselves Mountaineers and have adopted the state's motto of Montani Semper Liberi, Mountaineers are always free; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the 16th anniversary of the USS West Virginia; and, be it
Further Resolved, That the Senate expresses its appreciation to the commanding officer, CDR Owen Travis, and the crew of the USS West Virginia (SSBN 736) for their dedication and commitment; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to CDR Owen Travis, commanding officer of the USS West Virginia.

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.
Petitions

Senator Stollings presented a petition from Terry Keith and twenty-one Boone County residents, opposing Senate Bill No. 369 (Relating to local option elections on table games).
Referred to the Committee on the Judiciary.
Senator Plymale presented a petition from Mary Chapman and numerous Cabell County residents, regarding alleged violations by the Cabell County Board of Education elected members.
Referred to the Committee on Education.
Senator Edgell presented a petition from Debra L. Chapman and numerous West Virginia residents, opposing Senate Bill No. 255 (Authorizing Department of Environmental Protection promulgate legislative rule relating to antidegradation implementation procedures).
Referred to the Committee on Natural Resources.
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. 38, Urging U. S. President and Congress repeal Real ID Act of 2005.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, and by unanimous consent, the resolution was taken up for immediate consideration.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 387, Guaranteeing certain veterans bronze military grave markers.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Hunter, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 395, Relating to Management of Pain Act.
Having been read a third time on yesterday, Wednesday, February 14, 2007, and now coming up in regular order, was reported by the Clerk.
On motion of Senator Prezioso, the bill was rereferred to the Committee on Health and Human Resources.
Eng. Senate Bill No. 399, Relating to issuance of driver's licenses.
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. 399) passed.
On motion of Senator Unger, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 399--A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; providing penalties for violation of prohibited use of a handheld wireless communication device while driving by a minor holding a level one instruction permit or a level two intermediate driver's license; disposition of surrendered licenses; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; and requiring an applicant to pay a fee for each attempt at the written examination prior to obtaining an instruction permit.
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. 104, Establishing date Consolidated Public Retirement Board shall make annuity payments.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 105, Imposing surcharge on certain fees due Deputy Sheriff Retirement Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 204, Assessing cost of petit juries in magistrate court.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 206, Assessing court costs for participants in pretrial diversion programs.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 207, Providing fine for violating terms of bond.
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.
Com. Sub. for Senate Bill No. 382, Relating to reemployment of certain Supreme Court retirees.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 454, Renaming and restructuring Bureau of Employment Programs.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
O
n page four, section two, line forty-five, by striking out the words "Administration and Research" and inserting in lieu thereof the words "Research, Information and Analysis";
On pages five and six, section six, by striking out all of subsection (c);
On page fourteen, section one, line seventy-six, by striking out the words "Administration and Research" and inserting in lieu thereof the words "Research, Information and Analysis";
And,
On page twenty-four, section four, line seven, by striking out the words "Administration and Research" and inserting in lieu thereof the words "Research, Information and Analysis".
The bill (S. B. No. 454), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 489, Relating to PROMISE scholarship graduates report to Legislative Oversight Commission on Work Force Investment for Economic Development.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Economic Development, was reported by the Clerk and adopted:
On page four, section four, lines thirty-eight and thirty- nine, by striking out the words "legislative oversight commission" and inserting in lieu thereof the words "Legislative Oversight Commission on Workforce Investment for Economic Development and the Legislative Oversight Commission on Education Accountability".
On motion of Senator McCabe, the following amendments to the bill (S. B. No. 489) were next reported by the Clerk, considered simultaneously, and adopted:
O
n page five, section six, line one, by striking out the words "The West Virginia Development Office" and inserting in lieu thereof the words "Workforce West Virginia";
And,
On page five, section six, line four, by striking out the words "The West Virginia Development Office" and inserting in lieu thereof the words "Workforce West Virginia".
The bill (S. B. No. 489), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 492, Relating to accelerated payment of certain taxes.
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.
Com. Sub. for Senate Bill No. 512, Prohibiting requirement of polygraph examination in certain sexual offense allegations.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 530, Authorizing voter not affiliated with any political party to vote in primary.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 531, Relating to filing service of process on corporations in class action suits.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 539, Relating to Deputy Sheriff Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2120, Prescribing minimum standards for municipal judges.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page four, section two, lines forty-seven through fifty- one, by striking out the words "municipal judges may attend any authorized training session or seminar for county magistrates, which shall be credited toward the continuing education requirement contained in this subsection: Provided, however, That".
The bill (Eng. Com. Sub. for H. B. No. 2120), as amended, was then ordered to third reading.
Eng. House Bill No. 2285, Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
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. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
Com. Sub. for Senate Bill No. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators.
Senate Bill No. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks.
Com. Sub. for Senate Bill No. 274, Authorizing Department of Transportation promulgate legislative rules.
Com. Sub. for Senate Bill No. 314, Authorizing Department of Education and the Arts promulgate legislative rules.
Com. Sub. for Senate Bill No. 334, Relating to employment of athletic or extracurricular activities' coaches.
Com. Sub. for Senate Bill No. 411, Creating Correctional Center Nursery Act.
Com. Sub. for Senate Bill No. 497, Creating WV Community Empowerment Transportation Act.
Senate Bill No. 511, Repealing code section relating to insurance policies.
Senate Bill No. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways.
Senate Bill No. 592, Making supplemental appropriation to Interoperable Radio Project.
Senate Bill No. 593, Making supplemental appropriation to Board of Pharmacy.
And,
Senate Bill No. 594, Making supplemental appropriation to various accounts.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Hunter.
The Senate next proceeded to the thirteenth order of business.
At the request of Senator Chafin, and by unanimous consent, Laura Stealy 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 tomorrow, Friday, February 16, 2007, at 11 a.m.
____________