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.
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