sdj-41st day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FORTY-FIRST DAY
____________

Charleston, W. Va., Monday, February 19, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Willie F. Stinson, Agape Baptist Church, Wheeling, West Virginia.
Pending the reading of the Journal of Friday, February 16, 2007,
On motion of Senator Foster, 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.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2206--A Bill to amend and reenact §19-20-12 of the Code of West Virginia, 1931, as amended, relating to protection of registered dogs; prohibiting a person not the owner of a registered dog from removing tags, collars or apparel from a registered dog, or turning off a radio transmitting collar without the permission of the owner; providing for limited exceptions thereto; and establishing related penalties.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2575--A Bill to amend and reenact §17E-1-3, §17E-1-6, §17E-1-7, §17E-1-8, §17E-1-13, §17E-1- 20 and §17E-1-25 of the Code of West Virginia, 1931, as amended, all relating to commercial driver's licences; updating the definition of hazardous materials; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license in possession; reducing the penalty for driving a commercial motor vehicle without a commercial driver's license or proper endorsement; updating provisions pertaining to commercial driver's licenses to conform with federal law; suspending, revoking or canceling the privilege of operating a motor vehicle for offenses in another state; and providing a civil penalty for persons convicted of violating an out-of-service order.
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. 2712--A Bill to amend and reenact §31A-8- 12 and §31A-8-12d of the Code of West Virginia, 1931, as amended, all relating to providing that the board of banking and financial institutions and the Commissioner of Banking shall determine whether a bank presents a significant supervisory concern or raises a significant legal or policy issue when evaluating an application to establish a bank branch.
Referred to the Committee on Banking and Insurance.
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. 2718--A Bill to amend and reenact §29-22-18 of the Code of West Virginia, 1931, as amended; to amend and reenact §29-22A-10c of said code; to amend said code by adding thereto a new article, designated §29-22C-1, §29-22C-2, §29-22C-3, §29-22C-4, §29-22C-5, §29-22C-6, §29-22C-7, §29-22C-8, §29-22C-9, §29-22C-10, §29-22C-11, §29-22C-12, §29-22C-13, §29-22C- 14, §29-22C-15, §29-22C-16, §29-22C-17, §29-22C-18, §29-22C-19, §29-22C-20, §29-22C-21, §29-22C-22, §29-22C-23, §29-22C-24, §29- 22C-25, §29-22C-26, §29-22C-27, §29-22C-28, §29-22C-29, §29-22C-30, §29-22C-31, §29-22C-32, §29-22C-33 and §29-22C-34; and to amend and reenact §29-25-1 of said code, all relating to authorization of West Virginia lottery table games; setting temporary percentage for Lottery Commission operation and administration expenses; providing recoupment criteria and changing the recoupment period for the capital reinvestment fund; authorizing West Virginia Lottery table games at licensed horse and dog racetracks; providing for legislative findings, declarations and intent; providing for Lottery Commission regulation of gaming activities; authorizing the Lottery Commission to promulgate rules; authorizing the Lottery Commission and Director to hire necessary staff; placing requirements and limitations on Lottery employees; providing for duties and powers and administrative expenses of the state Lottery Commission; requiring local option elections to approve licensure of West Virginia Lottery table games at racetrack facilities; providing for reconsideration elections after five years; providing for licenses to engage in activities related to operation of West Virginia Lottery table games at racetrack facilities; providing qualifications for applicant for license to operate West Virginia Lottery table games at a racetrack facility; providing floor plan requirements; authorizing management service contracts; coordination of licensed activities; providing license application requirements; establishing special fee for failure to construct certain facilities; racetrack table games licensee qualifications; establishing license fees; requirement for surety bond; issuance of licenses and prohibiting transfer, assignment, sale or pledge as collateral; requiring audits and reports of licensee; providing duties of racetrack table games licensees; preference in hiring for table games jobs; providing that the state owns right to conduct table games and may license West Virginia Lottery table games to qualified licensees; providing duties for racetrack table games licensees; providing reporting requirements for table games licensees; establishing requirements for supplier licensees; establishing requirements of license for employees of operator of racetracks with West Virginia Lottery table games; establishing requirements for management services provider license; providing a prohibition of false statements on application for license; providing grounds for denial, revocation or suspension of license; establishing hearing procedures; providing for expiration and renewal of licenses; providing renewal fees; specifying information to be included on license; requiring display and availability of license; requiring notice of change of address; requiring commission approval of West Virginia Lottery table games rules of play; providing for method to determine betting limits and operations and services by racetrack licensee; requiring the posting of betting limits and other requirements relating to operations and services; establishing standards for offering complimentary goods and services; providing conditions for sale of alcohol; providing for contract agreements and cost for law-enforcement services; authorizing inspections and seizure of certain property; authorizing warrantless searches of person and property; imposing privilege tax on adjusted gross receipts of racetrack with West Virginia Lottery table games; providing for filing and payment of taxes; exempting racetrack licensees from certain taxes; creating State Racetrack Table Games Fund; providing for distribution of amounts in Fund; providing prohibited wagers and other activities; prohibiting wagers by certain persons; establishing criminal offenses and penalties; providing for forfeiture of certain property; providing civil penalties; providing for the preemption of certain local laws and rules; providing for exemption from certain federal laws relating to shipment of gambling devices; and revising legislative findings relating to authorization of West Virginia Lottery table games at a well-established resort hotel.
Referred to the Committee on the Judiciary; 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. Com. Sub. for House Bill No. 2741--A Bill to amend and reenact §61-3-39a, §61-3-39b and §61-3-39f of the Code of West Virginia, 1931, as amended, all relating to worthless checks generally; providing a defense; and authorizing magistrate courts to accept certain criminal complaints from private citizens.
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. 2745--A Bill to amend and reenact §60-3A- 24 of the Code of West Virginia, 1931, as amended, relating to increasing the fine for furnishing alcohol to persons under 21 years of age.
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. 2825--A Bill to amend and reenact §60-7-4 of the Code of West Virginia, 1931, as amended, relating to private clubs; and deleting provision that allowed private clubs segregated on the basis of race or color to obtain license to sell alcoholic liquors.
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. 2956--A Bill to amend and reenact §56-1-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §56-1-1a, relating to civil actions filed in the courts of the state; repealing unconstitutional venue provision; and the codification of the doctrine of forum non conveniens.
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. 4--Requesting the Division of Highways to name the bridge numbered 10251 on Charley Hatfield Road, State Route 6, the "Rodney Morgan Memorial Bridge" and the bridge numbered 2305 on County Route 6/2 leading into Coal Mountain, the "Rodney 'Ronnie' Staton Memorial Bridge".
Whereas, Rodney Morgan was born in 1950 to the parents of Azzie and Martha Morgan of Simon, West Virginia; and
Whereas, Rodney Morgan attended Long Branch Elementary School and went on to graduate from Baileysville High School; and
Whereas, Rodney Morgan joined the military in 1970 and was sent to Vietnam in December of that year where he was killed in action on January 5, 1971, at the age of 21 and being in Vietnam for only a few weeks; and
Whereas, Rodney "Ronnie" Staton was born on November 21, 1942, to the parents of Garland and Veatrice Staton; and
Whereas, Ronnie Staton lived in Guyan, West Virginia where he attended Coal Mountain Elementary School and went on to graduate from Baileysville High School; and
Whereas, In February of 1963, Ronnie Staton enlisted in the Army, completing basic training at Fort Gordon, Georgia. Deciding to make the military his career, Ronnie Staton reenlisted with the Army in 1966 and was sent to the 101st Airborne at Fort Campbell, Kentucky, where he served as a drill instructor for the artillery unit; and
Whereas, In May of 1966, Ronnie Staton was sent to Vietnam where he was promoted to Gunnery Sergeant in the 2nd and 19th artillery, a part of the 101st Airborne. Ronnie Staton was killed in action on December 27, 1966; therefore, be itResolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 10251 on Charley Hatfield Road, State Route 6, the "Rodney Morgan Memorial Bridge" and the bridge numbered 2305 on County Route 6/2 leading into Coal Mountain, the "Rodney 'Ronnie' Staton Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridges signs identifying them as the "Rodney Morgan Memorial Bridge" and the "Rodney 'Ronnie' Staton Memorial Bridge", respectively; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of the heroes of this resolution.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 443, Eliminating time schedules for utility relocation on highway projects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 443 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-4-17b of the Code of West Virginia, 1931, as amended, relating to eliminating time schedules for utility relocation on highway projects; placing liability and costs on the utility company for failure to comply with proper removal notice; allowing the Division of Highways to reimburse utility companies for subsequent relocations due to plan change after a project is let to construction; and providing for meetings between Division of Highways and utilities.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 443), under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 462, Relating to flat-rate excise tax on motor fuels.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 462 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §11-14C-5 of the Code of West Virginia, 1931, as amended, relating to establishing a flat-rate excise tax on motor fuels at twenty and one-half cents; and increasing the variable component to six percent of the average wholesale price.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 462), 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. 490, Relating to the Underground Storage Tank Insurance 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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 502, Requiring additional information from sellers of certain railroad track material.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 502 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to the receipt and transfer of scrap metal; imposing of additional reporting and record-retention requirements for certain purchasers of nonferrous metal or steel railroad track and track material; permitting law-enforcement officers to confiscate such metals upon reasonable belief that a crime had been committed; providing for the return of such metals under certain conditions; and increasing criminal penalties for violations.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 502), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 42--Requesting the West Virginia Legislature increase the annual budget for vans for veterans' transportation from $150,000 to $200,000.
Whereas, The West Virginia Veterans Coalition was organized in 1996 to represent the over 200,000 veterans of our state; and
Whereas, A great number of veterans are no longer able to transport themselves due to the increasing cost of vehicles and gas to the four Veterans' Administration Medical centers (VAMCs) in the state for the purpose of obtaining much-needed medical treatment; and
Whereas, The number of veterans seeking health care at our VAMCs continues to grow each year and will continue to grow because of the large number of West Virginians continuing to volunteer to serve our nation in uniform; and
Whereas, The cost of vans used by our veteran volunteer drivers continues to increase each year, and the current fleet consists of numerous vans with an excess of 100,000 miles or more on the speedometer; therefore, be it
Resolved by the Legislature of West Virginia:
That the West Virginia Legislature is hereby requested to increase the annual budget for vans for veterans' transportation from $150,000 to $200,000; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's Veterans' Coalition, the Department of Veterans' Affairs and to the Joint Committee on Government and Finance.
And,
Senate Concurrent Resolution No. 43--Requesting Congress erect a national monument to motherhood to be located in West Virginia, with special emphasis placed on mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country.
Whereas, West Virginia is the birthplace of Mother's Day, which was founded by Anna Jarvis of Grafton, Taylor County; and
Whereas, Though some 42 million men and women have served in our armed forces, West Virginia has had more sons and daughters die for our freedom per capita than any other state; and
Whereas, West Virginia, more than most states, had sons fighting for both the North and South during the Civil War, tearing families apart and causing mothers great pain; and
Whereas, West Virginia has led the way with women in uniform; and
Whereas, West Virginia, with its natural beauty and long history of service by its people, would be an appropriate site for a national monument to honor motherhood, especially the mothers of servicemen and women; therefore, be it
Resolved by the Legislature of West Virginia:
That Congress is hereby requested to erect a national monument to motherhood to be located in West Virginia, with special emphasis placed on mothers whose children have served in the armed forces of the United States and especially those mothers whose children have given their lives in service to their country; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the West Virginia Veterans' Coalition, West Virginia's congressional delegation, each remaining member of the United States Congress and the President of the United States.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Barnes, Hunter, White and Wells:
Senate Bill No. 633-- A Bill to amend and reenact §3-1-8 of the Code of West Virginia, 1931, as amended, relating to elections and nominating procedures generally; and expanding the scope of the definition of a political party.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 634-- A Bill to repeal §3-4A-11 and §3-4A-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-1-20, §3-1-21 and §3-1-41 of said code; to amend and reenact §3- 4A-11a and §3-4A-15 of said code; to amend and reenact §3-5-7, §3- 5-10, §3-5-13 and §3-5-19 of said code; and to amend and reenact §3-6-2 and §3-6-3 of said code, all relating to election ballots; providing for two copies of sample ballots for each voting place; providing that paper ballots used in conjunction with electronic voting systems must be prepared for eighty percent of registered voters eligible to vote; providing that the number of regular official ballots packaged for each precinct shall equal at least seventy-five percent of the number of registered voters in a precinct; providing for the board of canvassers to protect the privacy of provisional ballots; clarifying ballot lay out; clarifying voter instructions and models; providing print size of sample ballots; and changing date upon which a person may challenge a candidate's eligibility before the State Election Commission.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 635-- A Bill to amend and reenact §17A-6A-12 of the Code of West Virginia, 1931, as amended, relating to motor vehicle dealers; and providing that the terms "relocate" and "relocation", for purposes of the statute, do not include situations when an existing vehicle dealer sells or transfers its dealership to a new owner or dealer and the new owner or dealer relocates to a location within two miles of the selling dealer's last open dealership location.
Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 636-- A Bill to amend and reenact §8A-7-3 of the Code of West Virginia, 1931, as amended, relating to establishing a minimum density requirement for residential zoning purposes.
Referred to the Committee on the Judiciary.
By Senator Sprouse:
Senate Bill No. 637-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-22; to amend said code by adding thereto a new section, designated §33-16-18; and to amend said code by adding thereto a new section, designated §33-16D-17, all relating to requiring health insurers to provide full coverage for the prevention, early detection, diagnosis and treatment of autism spectrum disorder.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
By Senators Plymale and Unger:
Senate Bill No. 638-- A Bill to repeal §18-2E-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18-2-6 of said code; and to amend and reenact §18-2E-8 of said code, all relating to the award of value-added credentials in addition to the high school diploma; repealing code section voiding electronic portfolio; removing provisions providing for electronic portfolio; removing provisions for, and requirements for, granting certificates of proficiency; providing for college readiness and work readiness credentials; providing for state board to establish requirements; eliminating the specific name of the advisory panel appointed by the Governor to advise the state board and others in assuring that graduates are fully prepared for further education, training or gainful employment; requiring state board to promulgate a rule; updating language referring to the higher education governing boards; removing obsolete provisions; and technical amendments.
Referred to the Committee on Education.
By Senator McKenzie:
Senate Bill No. 639-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-2F-10, relating to allowing hospitals to refuse to perform abortions unless the mother's life is in imminent danger.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Love, Foster, Boley and Oliverio:
Senate Bill No. 640-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-5-7a; to amend and reenact §8-12-5 of said code; and to amend said code by adding thereto four new sections, designated §12-3-10g, §12-3-10h, §12-3-10i and §12-3-10j, all relating to authorizing local governments to participate in a purchasing card program administered by the State Auditor as an alternative payment method.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Boley and Love:
Senate Bill No. 641-- A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to defining the term "Public Service Commission motor carrier inspectors and enforcement officers" for purposes of inclusion into the criminal provisions concerning malicious and unlawful wounding and battery and assault of law-enforcement officers.
Referred to the Committee on the Judiciary.
By Senators Boley and Love:
Senate Bill No. 642-- A Bill to amend and reenact §30-29-1 and §30-29-5 of the Code of West Virginia, 1931, as amended, all relating to modifying the definition of "law-enforcement officer" to include Public Service Commission motor carrier inspectors and enforcement officers; and providing certain certification requirements are applicable to Public Service Commission motor carrier inspectors and enforcement officers by the first day of July, two thousand seven.
Referred to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 643-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2-19 of said code, all relating to investigations of violations of insurance laws; clarifying that the Insurance Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates; clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying the authority and duties of the Insurance Commissioner with regard to information obtained during investigations.
Referred to the Committee on Banking and Insurance.
By Senators Jenkins, Hall, Facemyer, Foster, Bowman, Prezioso, Stollings, White, Wells, McKenzie, Barnes, Green and McCabe:
Senate Bill No. 644-- A Bill to amend and reenact §18-2-25 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Secondary School Activities Commission; providing for evaluation by the Legislative Auditor; and requiring board members and officers to comply with ethical standards for elected and appointed officials.
Referred to the Committee on Education.
By Senator Love (By Request):
Senate Bill No. 645-- A Bill to amend and reenact §7-3-2 of the Code of West Virginia, 1931, as amended, relating to authorizing counties to form a multicounty regional metro government expressly to take over the operation of a regional jail facility.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Love and Jenkins:
Senate Bill No. 646-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-11e, relating to authorizing the Public Service Commission to protect the consumers of failed water or failed sewer utilities by ordering a capable water or sewer public utility to acquire the failed utility.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Sypolt, White, Love, Barnes, Yoder and Sprouse:
Senate Bill No. 647--A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15- 2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law- enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns shall be deemed a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 648-- A Bill to amend and reenact §61-7-2 and §61-7-10 of the Code of West Virginia, 1931, as amended, all relating to prohibiting the purchase of or attempt to purchase a firearm from a firearm dealer by a person other than the actual purchaser; prohibiting and punishing a person other than a law-enforcement officer acting within the scope of duty from soliciting a firearm dealer to convey a firearm other than to an actual buyer; prohibiting the purchase or other acquisition of a firearm with the intent of certain dispositions of the same; prohibiting an attempt by a person prohibited from possessing firearms to purchase a firearm through a third-party purchaser; defining terms; providing penalties; and conforming certain definitions to federal law.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Love and Barnes:
Senate Bill No. 649-- A Bill to amend and reenact §61-6-19 of the Code of West Virginia, 1931, as amended, relating to deleting the provision of law that makes it unlawful for any person to bring a weapon on State Capitol property.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 650-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-48; and to amend and reenact §18-9D-2 and §18-9D- 16 of said code, all relating to time levels for bus routes; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the time levels for the bus routes exceed certain levels; allowing for county school boards to seek a waiver from such prohibition from the State Board of Education and the School Building Authority; defining certain terms; and providing that the School Building Authority and State Board of Education cannot approve any facilities plan until it approves any waiver requested by a county board.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Hall:
Senate Bill No. 651-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator McKenzie:
Senate Bill No. 652-- A Bill to amend and reenact §5-3-3, §5-3- 4 and §5-3-5 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §5-3-6; and to amend and reenact §5A-3-13 of said code, all relating to requiring the Attorney General to report to the Governor and the Joint Committee on Government and Finance relative to contracts entered into for legal services with persons outside the Attorney General's office; requiring the Attorney General to report to the Governor and Joint Committee on Government and Finance upon the conclusion of contracts for legal services, including a statement of fees involved on an hourly basis; prohibiting the payment of fees in excess of five hundred dollars per hour; requiring the Attorney General to submit semiannual reports to the Governor and the Joint Committee on Government and Finance concerning contracts for outside legal services; requiring the inclusion of information in the semiannual reports concerning the nature of these contracts; establishing the Attorney General's Litigation Support Fund; requiring public accountability for funds received by the Attorney General and others through judgment or settlement; requiring applicability of the open records and open meetings laws; providing for the administration and disbursement of state judgment or settlement proceeds; and requiring that contracts proposed by the Attorney General be approved as to form by the Secretary of State.
Referred to the Committee on the Judiciary.
By Senators Prezioso and Oliverio:
Senate Bill No. 653-- A Bill to amend and reenact §6-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §61-2-10b of said code, all relating to creating the position of transportation officer to serve under the authority of county sheriffs with the primary duty of transporting prisoners to regional jails; and creating criminal offenses involving malicious and unlawful assault and assault and battery of a transportation officer.
Referred to the Committee on the Judiciary.
By Senators Chafin, Plymale and Stollings:
Senate Bill No. 654-- A Bill to amend and reenact §20-14-3 of the Code of West Virginia, 1931, as amended, relating to reconstituting the governing board of the Hatfield-McCoy Regional Recreation Authority.
Referred to the Committee on Natural Resources.
By Senators Prezioso, Caruth, Foster, Unger and Plymale:
Senate Bill No. 655-- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-10-1, §49-10-2, §49-10-3, §49-10-4 and §49-10-5, all relating to creating performance-based outcomes to measure sufficiency of service delivery of child abuse and neglect cases by the Department of Health and Human Resources; providing intent and findings; setting forth performance measures; providing reporting requirements; providing rule-making authority; setting out alternative approaches; and establishing timelines.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Jenkins and Chafin:
Senate Bill No. 656-- A Bill to amend and reenact §3-1-17 of the Code of West Virginia, 1931, as amended, relating to election of Supreme Court of Appeals justices; circuit judges; county and district officers; and magistrates.
Referred to the Committee on the Judiciary.
By Senators Plymale, Edgell, Unger, Stollings and McCabe:
Senate Bill No. 657-- A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29A-3B-9 and §29A-3B-10 of said code, all relating to public education generally; standards, assessment and accountability for student performance and progress; requiring 21st Century Skills Initiative incorporation into standards; renaming unified improvement plans as strategic improvement plans; revising uniform statewide student assessment program; designating current annual performance measures as performance measures for the No Child Left Behind Act of 2001; adding state annual performance measures; providing additional category of school accreditation and renaming existing category; revising criteria for accreditation status; removing obsolete provisions; and allowing electronic filing of state board rules with the Legislative Oversight Commission on Education Accountability.
Referred to the Committee on Education.
By Senator Hall:
Senate Joint Resolution No. 9-- Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; clarifying that the Constitution does not secure or protect a right to abortion; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on the Finance.
Senator Boley offered the following resolution:
Senate Resolution No. 22--Recognizing the West Virginia Federation of Republican Women.
Whereas, The West Virginia Federation of Republican Women joined the National Federation of Republican Women in 1939; and
Whereas, The West Virginia Federation of Republican Women works to promote an informed electorate through political education; and
Whereas, The West Virginia Federation of Republican Women works to increase the effectiveness of women in the cause of good government through active political participation; and
Whereas, The West Virginia Federation of Republican Women facilitates cooperation among Republican women's clubs; and
Whereas, The West Virginia Federation of Republican Women fosters loyalty to the Republican Party and promotes its ideals; and
Whereas, The West Virginia Federation of Republican Women works for the election of the Republican Party's nominees; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Federation of Republican Women; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the West Virginia Federation of Republican Women.
At the request of Senator Boley, 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 Unger and Plymale offered the following resolution:
Senate Resolution No. 23-- Recognizing Leadership Berkeley for its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote knowledge and awareness of the problems, opportunities and issues facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
Whereas, The 2006-2007 membership of Leadership Berkeley consists of Brenda Allen, City Hospital; Trina Bartlett, United Way of the Eastern Panhandle; William Blendnick, Veterans Medical Center, Veterans Affairs Police; Michael Bohrer, Shentel/Sprint; Andrea Burke, Re/Max Success Realty; Tina Burns, Shenandoah Valley Medical Center; Melinda Cookman, Susquehanna Bank; Carol Crabtree, Region 9 Eastern Panhandle Regional Planning and Development Council; Renee Davis, Centra Bank; Nicholas Diehl, Workforce West Virginia Career Center of Martinsburg; Patricia Dorsey, Veterans Medical Center; Donald Jacot, First United Bank and Trust; Tracy Keefer, Kelley Allstate Agency; Edward Keher, Veterans Industries; Allen Means, Habitat for Humanity of the Eastern Panhandle; Brian Peterson, Bowles, Rice, McDavid, Graff and Love; Dorothy Roman, Mission Outpost Bookstore; Robert Shearman, Mountain State University; Anne Smith, Veterans Medical Center; Tracy Smith, City of Martinsburg; Robert Snyder, The Journal; Catherine Sullivan, CoxHollida; Keith Unger, Citizens National Bank; Tamara Wichelns, Comfort Inn Martinsburg; Richard Wolfe, EastRidge Health Systems; and Kelly Wright, Blue Ridge Community and Technical College; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Berkeley.
At the request of Senator Unger, 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 Hunter, Wells, Bailey, Minard, Oliverio, Boley, Sypolt, Jenkins, Unger, Plymale, Stollings, McCabe, Barnes, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Kessler, Love, McKenzie, Prezioso, Sprouse, White, Yoder and Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 24-- Designating February 19, 2007, as "Veterans Visibility Day".
Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
Whereas, The Senate is proud to honor those currently serving in harm's way in Iraq, Afghanistan and other countries all over the world to protect democracy from the threat of terror; and
Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 19, 2007, as "Veterans Visibility Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.
At the request of Senator Hunter, 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 White, and by unanimous consent, the remarks by Senator Hunter regarding the adoption of Senate Resolution No. 24 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 Chafin, Tomblin (Mr. President), Fanning, Jenkins, Unger, Plymale, Stollings and McCabe offered the following resolution:
Senate Resolution No. 25--Recognizing nonprofit community- based housing organizations in West Virginia.
Whereas, A house is more than a warm structure. It is the place that allows people to become families and children to become educated and productive citizens; and
Whereas, Home ownership creates security for low-income families by helping them establish home equity which provides a safety net when health or other problems arise; and
Whereas, Nonprofit community-based housing organizations in West Virginia empower families with a higher quality of life through creating and promoting safe, decent and affordable housing; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes nonprofit community-based housing organizations in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of nonprofit community-based housing organizations.
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.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Caruth presented a petition from Margaret L. McClure and numerous West Virginia residents, opposing Senate Bill No. 259 (Authorizing Department of Environmental Protection promulgate legislative rule relating to requirements governing water quality standards).
Referred to the Committee on the Judiciary.
Senator Facemyer presented a petition from Danielle Arthur and numerous West Virginia residents, supporting Senate Bill No. 338 (Expanding newborn screening).
Referred to the Committee on Health and Human Resources.
Senator Facemyer presented a petition from Robin Ellison and numerous West Virginia residents, opposing Senate Bill No. 259 (Authorizing Department of Environmental Protection promulgate legislative rule relating to requirements governing water quality standards).
Referred to the Committee on Natural Resources.
Senator Facemyer presented a petition from Debra L. Campbell 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.
Senator Yoder presented a petition from Nicky Johnston 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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 181, Relating to per diem compensation of Board of Banking and Financial Institutions' members.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 181) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 181) takes effect July 1, 2007.
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. 182, Requiring Division of Banking employ same frequency of examination schedules as certain federal regulators.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 182) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 182) takes effect from passage.
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. 274, Authorizing Department of Transportation promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 274) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 274) takes effect from passage.
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. 314, Authorizing Department of Education and the Arts promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 314) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 314) takes effect from passage.
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. 334, Relating to employment of athletic or extracurricular activities' coaches.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 334) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 334) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 387, Guaranteeing certain veterans bronze military grave markers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 387 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 387) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Prezioso regarding the passage of Engrossed Senate Bill No. 387 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for Senate Bill No. 411, Creating Correctional Center Nursery Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 411) 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. 492, Relating to accelerated payment of certain taxes.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's third reading calendar.
Eng. Com. Sub. for Senate Bill No. 497, Creating WV Community Empowerment Transportation Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 497) 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. 511, Repealing code section relating to insurance policies.
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. 511) 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. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 591) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 591) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 592, Making supplemental appropriation to Interoperable Radio Project.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 592) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 592) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 593, Making supplemental appropriation to Board of Pharmacy.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 593) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 593) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 594, Making supplemental appropriation to various accounts.
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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 594) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 594) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 2917, Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2917) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2917) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The end of today's third reading calendar having been reached, the Senate returned to the consideration of
Eng. Senate Bill No. 492, Relating to accelerated payment of certain taxes.
On third reading, coming up in deferred order, was again reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 68, Improving coal mine health and safety.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Caruth, the following amendment to the bill was reported by the Clerk:
On page thirty-nine, after section four, by adding a new section, designated section five, to read as follows:
§22A-11-5. Safety technologies incentive.
(a) Mine operators may be eligible for a credit against their severance tax liability for the amount expended for the purchase and installation of eligible mine safety equipment or devices.
(b) Eligible mine safety equipment or devices shall be determined by criteria and standards established by the Mine Safety and Technology Task Force hereby created in this section.
(c) No company shall receive a credit of more than twenty-five percent of its severance tax liability as permitted by subsection (a) of this section during any calendar year.
Following discussion,
The question being on the adoption of Senator Caruth's amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 68), and on this question, Senator Caruth demanded the yeas and nays.
On this question, the yeas were: Barnes, Boley, Caruth, Deem, Guills, Hall, McKenzie, Sprouse, Sypolt and Yoder--10.
The nays were: Bailey, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White and Tomblin (Mr. President)--23.
Absent: Sharpe--1.
So, a majority of those present and voting not having voted in the affirmative, the President declared Senator Caruth's amendment to the bill rejected.
The bill (Com. Sub. for Com. Sub. for S. B. No. 68) was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 116, Creating criminal offense of voyeurism.
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. 152, Creating Indigent Defense Commission.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Com. Sub. for Senate Bill No. 177, Creating Division of Energy.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 183, Providing Board of Banking and Financial Institutions authority to approve acquisitions of out-of-state banks.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page three, section three, line two, by striking out the word "no" and inserting in lieu thereof the word "a";
On page three, section three, line two, after the word "may" by inserting the word "not";
On page three, section three, line six, by striking out the word "No" and inserting in lieu thereof the word "A";
On page three, section three, line nine, after the word "may" by inserting the word "not";
On page three, section three, lines ten and eleven, by striking out the words "the prior application and approval upon order of the board under this article" and inserting in lieu thereof the words "first filing with the commissioner a copy of the application it files with the appropriate federal regulator";
On page five, section three, line forty-eight, by striking out the words "shall have" and inserting in lieu thereof the word "has";
On page six, section three, line sixty-five, by striking out the word "institution(s)" and inserting in lieu thereof the word "institutions";
On page six, section three, line seventy-one, by striking out the word "said" and inserting in lieu thereof the word "the";
And,
On page six, section three, line seventy-five, by striking out the word "such" and inserting in lieu thereof the word "the".
The bill (S. B. No. 183), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 187, Relating to WV Performance Review Act.
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.
Senate Bill No. 335, Providing funding for WV Affordable Housing Trust Fund.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Helmick, as chair of the Committee on Finance, and by unanimous consent, the unreported Finance committee amendments to the bill were withdrawn.
On motion of Senator Helmick, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page three, section four-c, line sixteen, by striking out the words "exempted from" and inserting in lieu thereof the words "expended by";
On page four, section two, line fifteen, after the word "estate" by adding the words "for consideration";
And,
On page five, section two, line twenty-nine, after the word "Fund." by inserting the following: The Housing Development Fund, as fiscal agent of the West Virginia Affordable Housing Trust Fund, shall publish monthly on the internet site an accounting of all revenue deposited into the fund during the month and a full disclosure of all expenditures from the fund including the group receiving funds, their location and any contractor awarded the construction contract. Additionally, the West Virginia Affordable Housing Trust Fund is to provide an annual report to the Joint Committee on Government and Finance before the first day of December, two thousand seven, and each year thereafter.
The bill (S. B. No. 335), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 384, Creating Nonnative Animals Regulation Board.
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. 414, Establishing flat fee for certain services by circuit clerks.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 438, Relating to Investment Management Board.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page five, section two, line forty-three, by striking out the word "deemed" and inserting in lieu thereof the word "determined";
And,
On page sixteen, section nine-c, line six, by striking out the words "is authorized to" and inserting in lieu thereof the word "may".
The bill (S. B. No. 438), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 460, Providing notice to Division of Natural Resources, Division of Forestry and state forest superintendent relating to oil and gas access roads.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 505, Relating to State Police Death, Disability and Retirement Fund.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Foster, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 557, Relating to judicial review of juvenile proceedings.
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.
Com. Sub. for Senate Bill No. 76, Setting particular penalties for underage drinking.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 219, Prohibiting smoking in motor vehicle when persons under fourteen are present.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 276, Authorizing Division of Homeland Security and Emergency Management promulgate legislative rule relating to mine and industrial accident rapid response system.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
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 Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 6 p.m. today.