WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2007
FORTY-SECOND DAY
____________
Charleston, W. Va., Tuesday, February 20, 2007
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Most Reverend Michael J. Bransfield,
Bishop, Roman Catholic Diocese of Wheeling-Charleston, West
Virginia.
Pending the reading of the Journal of Monday, February 19,
2007,
On motion of Senator Guills, 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.
Senator Tomblin (Mr. President) presented a communication from
the Court of Claims, submitting its annual report as required by
chapter fourteen, article two, section twenty-five of the code of
West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund
report, in accordance with chapter fourteen, article two-a, section
twenty-one of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendment to, and the
passage as amended, of
Eng. Com. Sub. for House Bill No. 2120, Prescribing minimum
standards for municipal judges.
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. 2178--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §61-2A-1, §61-2A-2, §61-2A-3, §61-2A-4 and §61-
2A-5, all relating to creation of new criminal offenses for the
trafficking of persons and involuntary servitude; creating
definitions; establishing involuntary servitude offenses;
establishing offenses involving sexual servitude of a minor;
establishing offenses for trafficking of persons for forced labor
or services; and requiring restitution.
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. Com. Sub. for House Bill No. 2840--A Bill to amend and
reenact §20-2-12 of the Code of West Virginia, 1931, as amended,
relating to transportation of wildlife outside of the state; and
allowing residents and nonresidents to take legally killed, taken
or captured game out of the state.
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. 2972--A Bill to amend and
reenact §3-4A-27 of the Code of West Virginia, 1931, as amended,
relating to electronic voting systems; requiring the ballot to be
clearly marked for a write-in position; and removal of outdated
references to punch cards.
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. 14--Requesting the Joint
Committee on Government and Finance study the state of the delivery
of health care in West Virginia to address: (1) Access to care; (2) insurance coverage; and (3) a single payor plan.
Whereas, There is a crucial need for access to health care in
this state, which is currently not being met by the state and
federal government, health care providers and insurance programs;
and
Whereas, The coordination of a single payor, state operated
insurance system for health care for every person may be achievable
with the coordination of services through the fifty-five county
health departments, providing insurance coverage through the PEIA
to volunteer health care providers working out of the county health
departments and consolidation of funding sources and economies of
scale in providing health care services; and
Whereas, The health care crisis in West Virginia and the
United States continues as more and more people lose their health
care insurance and rely on the provision of health care in
emergency rooms which results in high costs of professional
liability insurance for physicians, impeding access of other
patients to care by emergency physicians and other specialists such
as surgeons, obstetricians, and neurosurgeons and results in
attrition and an inability to recruit new physicians to West
Virginia; which is compounded by federal law that requires
emergency departments to care for everyone but does not provide for
payment of these mandated services; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the state of the delivery of health care in West
Virginia to address: (1) Access to care; (2) insurance coverage;
and (3) a single payor plan; 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.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Rules.
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. 18--Requesting the Division of
Highways to name the bridge numbered 24-8-0.03 in Anawalt, West
Virginia, the "Lance Corporal James 'Jimmy' Sargent Memorial
Bridge".
Whereas, James Ray Sargent was born on February 28, 1950, to
the parents of Millard Clay and Izetta Sargent in Jenkinjones, West Virginia. Jimmy's father was a hard-working coal miner who died of
black lung in November 1950. Leaving Izetta with a six-month-old
baby and 10 other children to raise on her own; and
Whereas, Jimmy dropped out of high school at the age of 17 to
enlist with the Marines. However, do to his age, his determination
to join the Marines persuaded his mother to sign the enlistment
papers allowing him to enter service. He officially became a
Marine on April 24, 1967 and was soon deployed to Vietnam as a
member of D Battery, 13th Marines, 1st Marine Division; and
Whereas, Jimmy Sargent was in Vietnam only three months when
him and 11 other Marines from D Battery were assigned to support
the 11th Mobile Strike Force, a unit of Australian and United
States Special Forces stationed at Ngok Tavak, who were being
attacked by North Vietnamese forces; and
Whereas, The battle at Ngok Tavak lasted about 10 hours and
involved intense fighting. A decision was made to evacuate the
camp and retreat. Jimmy Sargent was among a group of 12 Marines
from D Battery who were hit by grenades and fired upon by the North
Vietnamese while searching for a medic missing during the attack at
Ngok Tavak; and
Whereas, In late May 1968, Jimmy Sargent's family was notified
that he was missing in action. Jimmy's mother, Izetta, died in
1994 without knowing what had actually happened to her son; and
Whereas, Through a series of six investigations beginning in 1993 and interviews with villagers and former Vietnamese soldiers,
U.S. recovery teams discovered the key areas and defensive
positions on the Ngok Tavak battlefield. Excavations conducted in
1998 and 1999 by the Joint POW/MIA Accounting Command (JPAC)
revealed human remains and other evidence; and
Whereas, The Armed Forces DNA Identification Laboratory
specialists used mitochondrial DNA and other forensic methods to
identify positively the remains of Jimmy Sargent and the other
Marines who had been lost for 37 years; and
Whereas, Jimmy's family was notified in August 2005 that his
remains had been recovered. This discovery is recognized as being
the largest single group of Vietnam MIAs identified and returned at
one time; and
Whereas, On October 7, 2005, the remains of James Ray Sargent
and seven other Marines whose remains could not be individually
identified were buried as a group in Arlington National Cemetery;
and
Whereas, The Town of Anawalt, West Virginia, held a
celebration at the community center in honor of Jimmy Sargent on
October 15, 2005; and
Whereas, James Ray Sargent is survived by sisters Alice Faye,
Joanne, Annette, and Phyllis; brothers Millard Jr., Douglas and
Roger; and half-brothers Freddie and James Breeden. He was
preceded in death by his brothers George, W.C., and Jackie; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name the bridge numbered 24-8-0.03 in Anawalt, West Virginia,
the "Lance Corporal James 'Jimmy' Sargent Memorial Bridge"; and, be
it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to post signs thereon with words,
printed in bold and prominent fashion, designating the bridge as
the "Lance Corporal James 'Jimmy' Sargent Memorial Bridge"; and, be
it
Further Resolved, That the Clerk of the House of Delegates is
hereby directed to forward a certified copy of this resolution to
the Secretary of Transportation, the Commissioner of the Division
of Highways and the family of Lance Corporal James Sargent.
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 22--Designating the River City
Youth Ballet Ensemble as the Official West Virginia State Youth
Ballet.
Whereas, The River City Youth Ballet Ensemble was founded in 1995 to give talented young ballet dancers the opportunity to learn
and grow in the performing arts; and
Whereas, The River City Youth Ballet Ensemble provides young
students with a sound, quality dance education that gives them a
forum to share their talents with the community, the State of West
Virginia and the United States; and
Whereas, The primary goal of The River City Youth Ballet
school is to educate young students in the art of dance; and
Whereas, Young students of all skill levels are welcome,
because The River City Youth Ballet Ensemble provides dance
training to children, which is vital to their development
physically and mentally; and
Whereas, No other youth ballet has been adopted as the state's
official youth ballet; therefore, be it
Resolved by the Legislature of West Virginia:
That The River city Youth Ballet Ensemble is hereby designated
the official Youth Ballet of the State of West Virginia.
Referred to the Committee on Government Organization.
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. 28--Requesting that the Joint
Committee on Government and Finance study the potential revenue
generating system referred to as the "automatic transaction fee" and the effect the implementation of a revenue collection system
based on a simple percentage of each transaction over five hundred
dollars would have on the current tax structure of this state, the
impact it would have on the economy of this state and the potential
the system may have in diversifying and converting the revenue
streams of state government, county governments and municipal
governments which rely disproportionately on a relatively small
number of revenue sources.
Whereas, Under the automatic transaction fee system, payment
would be collected by state financial institutions through the
state treasury or through the Department of Revenue. Transaction
fee payors would become liable for the fee at the moment they are
able to exercise control over a piece of property, goods or
services over five hundred dollars regardless of the payment
instrument or method (cash, check, credit, debit or wire transfer)
and although the transaction fee may appear similar to the sales
and use tax, there is a major distinction in that a sales tax is
charged only on sales to the final consumer of the product, while
the automatic transaction fee would apply to both sellers and
buyers in each transaction over five hundred dollars; and
Whereas, An automatic transaction fee revenue system can
provide a broad revenue base at the lowest possible rate which
could potentially simplify tax collections, lower the tax burden
for citizens and businesses while capturing underground economic activity that currently avoids taxation and transactions made by
foreign investors and corporations; and
Whereas, It is both prudent and necessary to begin planning
for major future contingent issues that may affect current revenue
streams, especially, the potential loss of federal funding, the
continued loss of manufacturing jobs and the escalating costs of
essential services; and
Whereas, By addressing the possibility of initiating an
automatic transaction fee collection system, it may be possible to
eliminate the sales tax on food and clothing, all current business
taxes and personal state income taxes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is
requested to study the potential revenue generating system referred
to as the "automatic transaction fee" and the effect the
implementation of a revenue collection system based on a percentage
of each transaction would have on replacing the current tax
structure of this state, the impact it would have on the economy of
this state and the potential the system may have in diversifying
the revenue streams of state government, county governments and
municipal governments which rely disproportionately on a relatively
small number of revenue sources; and, be it
Further Resolved, That the Joint Committee on Government and
Finance examine ways to introduce a system of automatic transaction fees as a replacement source of revenue on a pilot basis in this
state and to involve qualified economic and tax researchers from
the major research education institutions in this state to support
the study; 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 carry out its
duties, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee On
Government and Finance.
Referred to the Committee on Finance; and then to the
Committee on Rules.
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. 29--Requesting the Joint
Committee on Government and Finance study the establishment of
partnerships between the state's colleges and universities and
employers to implement professional and technical collaborative
preparation programs that prepare students for occupations in the
state with highly promising employment opportunities in business, industry and government.
Whereas, For years, West Virginia has struggled with a "brain
drain" resulting in the loss of college and professional graduates
who are drawn to other states to seek employment opportunities; and
Whereas, West Virginia employers in business, industry; and
government need highly trained technical and professional graduates
and often must seek the national and international markets to find
them; and
Whereas, Professional and technical collaborative preparation
programs would prepare resident college and professional graduates
with the highly technical and professional skills needed by
resident employers, helping them remain in the state to pursue
promising career opportunities, strengthening the state's business
and industry and potentially attracting new business and industry
to West Virginia, along with higher-paying jobs; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the establishment of partnerships between the
state's colleges and universities and employers to implement
professional and technical collaborative preparation programs that
prepare students for occupations in the state with highly promising
employment opportunities in business, industry and government; 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.
Referred to the Committee on Education; and then to the
Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 20th day of February, 2007, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 2141), Raising the age at which a person may
request to be excused from jury duty from sixty-five to seventy.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 18, Requiring PEIA and Medicaid
cover testing for chronic kidney disease.
Senate Bill No. 149, Repealing code section relating to Child
Assessment or In-State Placement Fund.
Senate Bill No. 376, Assessing fee for processing scientific
collecting permits.
Senate Bill No. 484, Finding and declaring certain claims
against state.
And,
Eng. Com. Sub. for House Bill No. 2791, Relating to penalties
for violating peace bonds.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 388, Relating to medical support provisions in child support orders.
With an amendment from the Committee on Health and Human
Resources pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
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. 479, Authorizing county commissions expend
funds to repair certain roads.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 479 (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 §17-10-1a, relating to authorizing county commissions to
expend county funds to repair orphan roads, including, but not
limited to, cemetery roads, located in their respective counties
under certain circumstances; and granting authority to county commissions to seek ownership of roads repaired or improved by the
funds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 521, Requiring Hatfield-McCoy Recreation Area
entry fee.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 521 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-
14-8 of the Code of West Virginia, 1931, as amended, relating to
civil penalties issued for criminal and civil violations in the
Hatfield-McCoy Recreation Area.
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 Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 521) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 562, Relating to economic opportunity tax
credit for certain high-technology manufacturers.
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,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being
granted, the bill (S. B. No. 562) contained in the preceding report
from the Committee on Economic Development was taken up for
immediate consideration, read a first time, ordered to second
reading and, 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. 569, Creating special fuels taxes for deposit
in Special Railroad and Intermodal Enhancement Fund and Special
Maritime Enhancement Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 569 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-15-18b of
the Code of West Virginia, 1931, as amended, relating to modifying
how funds from the motor fuel excise tax are dedicated; creating
the Special Railroad and Intermodal Enhancement Fund; and
specifying permissible expenditures from the fund.
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. 589, Expanding powers and duties of Director of Personnel.
And,
Senate Bill No. 596, Requiring municipal elections' personnel
participate in training.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 611, Relating to Division of Natural
Resources' long-term contracts with third parties.
And,
Senate Bill No. 613, Relating to crossbow restrictions.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 612, Increasing fines for certain Division of
Natural Resources' violations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 612 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-7-
9 of the Code of West Virginia, 1931, as amended, relating to
increasing the criminal penalties for violation of certain hunting
and fishing laws by nonresidents.
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 Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 612) contained in the
preceding report from the Committee on Natural Resources was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
Senators Love, Unger, Kessler and McKenzie offered the
following resolution:
Senate Resolution No. 26--Designating February 20, 2007, as
"Crime Victims Day".
Whereas, Many agencies and individuals serving victims of
crime and their families in West Virginia strive to foster healing
through treatment of their many needs, including, but not limited
to, advocacy for and on behalf of victims and their families,
medical treatment, mental health counseling, compensation and
restitution; and
Whereas, Many organizations and individuals who provide
assistance to victims of crime and their families make enormous
contributions to those who have been affected by crime in the
state; and
Whereas, The West Virginia Crime Victims Compensation Fund is
celebrating "Crime Victims Day" by providing all of the crime
victim agencies and individuals who serve victims of crime an
opportunity to educate the members of the Legislature and the
public about the many services available to assist victims of crime
and their families throughout the state; and
Whereas, West Virginia is proud of the accomplishments and
achievements of the organizations and individuals who serve the
needs of victims of crime and appreciate their many contributions
to our communities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 20, 2007, as "Crime
Victims Day"; and, be it
Further Resolved, That the Senate expresses its appreciation
to the many organizations which serve victims of crime and their
families throughout the state and for the dedication of those
individuals who serve these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the West
Virginia Crime Victims Compensation Fund.
At the request of Senator Love, 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, at
the request of Senator Plymale, 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.
Senators Unger, Yoder and McKenzie offered the following
resolution:
Senate Resolution No. 27--Recognizing Leadership Jefferson for
its service, dedication and commitment to Jefferson County.
Whereas, The objective of Leadership Jefferson is to promote
knowledge and awareness of the problems, opportunities and issues
facing Jefferson County; and
Whereas, Leadership Jefferson 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 Jefferson County; and
Whereas, The membership of Leadership Jefferson includes
individuals, 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 Jefferson
consists of Joseph Sturm, United Bank; Kellie Boles,
JCDA/JCFARMLAND; Barbara A. Burger, Harpers Ferry Job Corps; Peggy
Ann Talley, Blue Ridge Community and Technical College; Jeffrey W.
Pietz, PNGI/Charles Town Race and Slots; Tracy Kable, Re/Max 1st
Realty; Jane M. Tabb; David W. Miller, Phoenix International; Aaron
C. Amore, Kratovil & Amore PLLC; Tracy Bray-Taylor, William H.
Gordon Associates; Chester C. Cole, Frontier Communications;
Stephanie Diedericks, West Virginia University Hospitals East;
Stacy A. Dodson, City of Ranson; Joy Hunt Lushbaugh, PNGI/Charles
Town Race and Slots; Noah Mehrkam, The Rector Company LLC; Andrew
C. Skinner, Nichols and Skinner, LLC; Robin Zanotti, Shepherd University; Whitney L. Burch, Jefferson County Development
Authority; Michele Cornwell, Shenandoah Health Care; Ora W. Dixon,
USFWS; Mary S. Duke, Jefferson County Teacher of the Year; Doug
MacMaster, Thompson Gas; Stefani A. Pierson, Boys and Girls Club of
Eastern Panhandle; and Mary Via, Jefferson County Chamber of
Commerce; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Jefferson for its
service, dedication and commitment to Jefferson 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 Jefferson.
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 Foster, McCabe, Sprouse, Wells, Plymale, Unger and
McKenzie offered the following resolution:
Senate Resolution No. 28--Recognizing the 100th anniversary of
the United Parcel Service of America, Inc.
Whereas, On August 8, 2007, the United Parcel Service of America, Inc., (UPS) will celebrate its 100th anniversary; and
Whereas, UPS has served West Virginia since 1964 and employs
over 900 employees at 11 facilities across the state; and
Whereas, Each day, over 13,000 citizens of West Virginia
utilize the express delivery, specialized transportation and
logistics services provided by UPS; and
Whereas, UPS delivers more than 130,000 packages every day to
customers across West Virginia, connecting people, communities and
businesses to more than 200 countries through its expansive
transportation network; and
Whereas, Since 1995, UPS has contributed more than $600,000 to
philanthropic endeavors in the State of West Virginia, reflecting
the company's emphasis on community service and citizenship; and
Whereas, UPS will continue to provide a substantial economic
impact to the people of West Virginia and focus on cultivating a
greater partnership with the communities it serves; therefore, be
it
Resolved by the Senate:
That the Senate hereby recognizes the 100th anniversary of the
United Parcel Service of America, Inc.; and, be it
Further Resolved, That the Senate recognizes the contributions
of UPS to the people of 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 UPS.
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.
Petitions
Senator Guills presented a petition from Lorrie Waddell and
numerous Division of Highways' employees, supporting the Governor's
two and one-half percent monetary incentive and a six-percent
salary increase for state employees.
Referred to the Committee on Finance.
Senator Guills presented a petition from Gary Wright 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 the Judiciary.
Senator Guills presented a petition from Joshua Owens 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 42, Requesting WV Legislature
increase annual budget for vans for veterans' transportation.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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.
Senate Concurrent Resolution No. 43, Requesting Congress erect
national monument to motherhood, with emphasis on veterans'
mothers.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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. Com. Sub. for Com. Sub. for Senate Bill No. 68, Improving
coal mine health and safety.
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 Com. Sub. for S. B. No. 68) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 116, Creating criminal
offense of voyeurism.
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. 116) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 177, Creating
Division of Energy.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: Sprouse--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 177) 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. 183, Providing Board of Banking and
Financial Institutions authority to approve acquisitions of
out-of-state banks.
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. 183) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 187, Relating to WV
Performance Review 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. 187) 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. 187) 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. 335, Providing funding for WV Affordable Housing Trust Fund.
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,
Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Helmick, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Oliverio, Plymale, Sprouse, Stollings, Wells, White and Tomblin
(Mr. President)--25.
The nays were: Boley, Deem, Hall, Hunter, Prezioso, Sypolt,
Unger and Yoder--8.
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. 335) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 384, Creating Nonnative
Animals Regulation Board.
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,
Bowman, Caruth, Chafin, Edgell, Facemyer, Green, Guills, Hall,
Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard,
Plymale, Sprouse, Stollings, Sypolt, Wells, White, Yoder and Tomblin (Mr. President)--26.
The nays were: Boley, Deem, Fanning, Foster, Oliverio,
Prezioso and Unger--7.
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. 384) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 414, Establishing flat fee
for certain services by circuit clerks.
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. 414) 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. 438, Relating to Investment Management
Board.
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. 438 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--31.
The nays were: Boley and Sypolt--2.
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. 438) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 460, Providing notice to
Division of Natural Resources, Division of Forestry and state
forest superintendent relating to oil and gas access roads.
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. 460) 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. 557, Relating to judicial review of
juvenile proceedings.
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. 557) 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. 557) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Bowman, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 76, Setting particular penalties
for underage drinking.
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 read a
second time.
On motion of Senator Sypolt, the following amendments to the
bill were reported by the Clerk and considered simultaneously:
On page ten, section eight, line four, after the word
"Commission" by inserting the words "and the local circuit judge or
the chief circuit judge in a multijudge circuit";
And,
On page eleven, section eight, line thirty-one, after the word
"Commission" by inserting the words "and the local circuit judge or
the chief circuit judge in a multijudge circuit".
The question being on the adoption of Senator Sypolt's
amendments to the bill, the same was put and did not prevail.
The bill (Com. Sub. for S. B. No. 152) was then 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 Com. Sub. for Senate Bill No. 219, Prohibiting
smoking in motor vehicle when persons under fourteen are present.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Sprouse, the following amendment to the
bill was reported by the Clerk:
On page four, section ten, after line thirty-four, by adding
a new subsection, designated subsection (f), to read as follows:
(f) This legislation must be in compliance with the Kanawha
County-Charleston Clean Indoor Air Regulation of 2003.
The question being on the adoption of Senator Sprouse's
amendment to the bill (Com. Sub. for Com. Sub. for S. B. No. 219),
and on this question, Senator Sprouse demanded the yeas and nays.
To which demand, Senator Bailey objected.
Thereafter, Senator Sprouse's demand for a roll call was
sustained.
Senator Prezioso then arose to a point of order that Senator
Sprouse's amendment was not germane to the bill.
Which point of order, the President ruled well taken.
The bill (Com. Sub. for Com. Sub. for S. B. No. 219) was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 276, Authorizing Department of
Military Affairs and Public Safety promulgate legislative rules.
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 read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 603, Establishing 21st Century
Tools for 21st Century Schools Technology Initiative.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 21, 2007, at 11 a.m.
____________