sdj-43rd day

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

Charleston, W. Va., Wednesday, February 21, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dennis Sparks, Executive Director, West Virginia Council of Churches, Charleston, West Virginia .
Pending the reading of the Journal of Tuesday, February 20, 2007,
On motion of Senator Green, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Com. Sub. for Senate Concurrent Resolution No. 10, Requesting state and federal government recognize Berkeley and Jefferson counties as part of historic Shenandoah Valley.
On motion of Senator Chafin, the message on the resolution was taken up for immediate consideration.
The following House of Delegates amendment to the resolution was reported by the Clerk:
On page three, in the thirteenth Whereas clause, by striking out the word "farm" and inserting in lieu thereof the word "property".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the resolution.
The question being on the adoption of the resolution (Com. Sub. for S. C. R. No. 10), the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2772--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended, relating to ensuring the Public Employees Insurance Agency will continue and maintain medical and prescription drug coverage for Medicare-eligible retired employees; and providing that Medicare-eligible retired employees will remain eligible for coverage through the agency if a Medicare specific plan should no longer be available or advantageous.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2875--A Bill to amend and reenact §3-10-7 of the Code of West Virginia, 1931, as amended, relating to amending the procedure by which a vacancy on a county commission is filled in the event the remaining commissioners cannot agree on a person to fill the vacancy.
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. 2955--A Bill to amend and reenact §11-14C-5 and §11-14C-47 of the Code of West Virginia, 1931, as amended, all relating to the motor fuel excise tax generally; extending the date to which the rate of the flat-rate component of the motor fuel excise tax will remain at twenty and one-half cents per invoiced gallon; and dedicating a portion of the tax to the funding of construction, maintenance and repair of roads throughout the various counties of the state for which federal moneys are not available.
Referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Minard, from the Committee on Banking and Insurance , submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 57, Establishing reporting requirements and information safeguards for regulated consumer lenders.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 57 (originating in the Committee on Banking and Insurance )--A Bill to amend and reenact §46A-4-104 of the Code of West Virginia, 1931, as amended, relating to establishing annual reporting requirements for regulated consumer lender licensees; ensuring access to information needed to conduct examinations; providing safeguards for nonpublic personal information that consumers disclose to licensees; and providing penalties for failure to timely file annual report.
And,
Senate Bill No. 643, Relating to insurance laws violations investigations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 643 (originating in the Committee on Banking and Insurance )--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-3a; and to amend and reenact §33-2-7 and §33-2-19 of said code, all relating to investigations of violations of insurance laws; clarifying that the Insurance Commissioner may investigate noncriminal violations; authorizing use of Class A registration plates; clarifying that immunity granted in certain cases applies to criminal prosecutions only; and clarifying the authority and duties of the Insurance Commissioner with regard to information obtained during investigations.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 66, Modifying home incarceration fees.
Senate Bill No. 203, Creating Purchasing Improvement Fund.
Senate Bill No. 415, Authorizing magistrate courts assess fee for criminal records checks.
And,
Senate Bill No. 540, Providing tax credits for certain utility taxpayers.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 67, Relating to school access safety generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 67 (originating in the Committee on Education)--A Bill to amend and reenact §18-9D-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §18-9F-1, §18-9F-2, §18-9F-3, §18-9F-4, §18-9F-5, §18-9F-6 and §18-9F-7, all relating to school access safety; declaring legislative intent; authorizing the School Building Authority to facilitate and provide funding for enhancing the safe ingress and egress of pupils, school employees, parents, visitors and emergency personnel to and from West Virginia public schools; defining certain terms; providing for submission of school access safety plans; providing for certain guidelines and procedures by authority for plans, plan modifications and evaluating projects; providing for allocation and distribution of moneys to projects; creating a special account in the State Treasury; and providing school access safety requirements for new school buildings.
And,
Senate Bill No. 650, Relating to school bus transportation schedules.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 650 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18- 5-48; and to amend and reenact §18-9D-2 and §18-9D-16 of said code, all relating to time levels for bus routes of students in grades prekindergarten through five; providing for the establishment, maintenance and adherence to schedules for one-way bus transportation time levels under normal weather operating conditions; prohibiting the creation of new bus routes in the wake of a closure or consolidation of an existing school facility in which the time levels for the bus routes exceed certain levels; allowing for county school boards to seek a waiver from the prohibition from the State Board of Education and the School Building Authority; defining certain terms; and providing that the School Building Authority and State Board of Education cannot approve any facilities plan until it approves any waiver requested by a county board.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 67 and 650) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 95, Relating to placement of instructional aides for certain students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 95 (originating in the Committee on Education)--A Bill to amend and reenact §18-20-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-5-8 of said code, all relating to requiring county boards of education to make certain training available to all regularly employed teachers' aides; and subject to other provisions, prohibiting an aide or autism mentor from transferring to another position after the fifth day prior to the beginning of the instructional term.
And,
Senate Bill No. 518, Conforming WV Works Program with federal law requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 518 (originating in the Committee on Education)--A Bill to amend and reenact §9-9-3, §9-9- 6, §9-9-7, §9-9-8 and §9-9-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §9-9-21 and §9-9-22, all relating to bringing the West Virginia Works Program into compliance with federal law as required by the Deficit Reduction Act; providing for state funding of two- and four-year post-secondary education for West Virginia Works eligibility; and providing for state funding for two-parent families to remain eligible for West Virginia Works.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 95 and 518) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 107, Abolishing presenting of certain weapons as robbery in first degree.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 107 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to threatening to use a firearm or other deadly weapon as an element of robbery in the first degree.
Senate Bill No. 601, Revising provisions governing motor vehicle dealers' establishment or relocation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 601 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17A-6A-3 and §17A-6A-12 of the Code of West Virginia, 1931, as amended, all relating to the establishment or relocation of additional motor vehicle dealers within a relevant market area; redefining "relevant market area"; creating exceptions for certain relocations and transfers; exceptions for purposes of adding dealerships to an area; and providing notice requirements to existing dealers.
Senate Bill No. 658, Relating to stalking offense.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 658 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-9a of the Code of West Virginia, 1931, as amended, relating to the offense of stalking generally; expanding and clarifying scope of section; establishing offenses; enhancing penalties; and defining terms.
And,
Senate Bill No. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 709 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-5-9 of the Code of West Virginia, 1931, as amended, relating to authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles.
With the recommendation that the four committee substitutes do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 209, Requiring PEIA Finance Board provide retirees medical and prescription coverage in certain cases.
And,
Senate Bill No. 574, Transferring Weston State Hospital Institutional Farm to Department of Health and Human Resources.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bills (S. B. Nos. 209 and 574) contained in the preceding report from the Committee on Health and Human Resources were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 319, Authorizing Secretary of State promulgate legislative rule relating to absentee voting by military voters who are members of reserve units called to active duty.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 319 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies of the state and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to West Virginia agricultural liming materials; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to West Virginia Plant Pest Control Act; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to noxious weeds; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects ; authorizing the State Auditor to promulgate a legislative rule relating to transaction fees and rate structures; authorizing the State Conservation Agency to promulgate a legislative rule relating to the State Conservation Committee; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to licensing; authorizing the Board of Examiners in Counseling to promulgate a legislative rule relating to license renewal and continuing education requirements; authorizing the Hospital Finance Authority to promulgate a legislative rule relating to establishment of a fee schedule and costs allocations applicable to the issuance of bonds by the authority; authorizing the Board of Landscape Architects to promulgate a legislative rule relating to registration of landscape architects; authorizing the Board of Landscape Architects to promulgate a legislative rule relating to continuing education; authorizing the Board of Landscape Architects to promulgate a legislative rule relating to fees; authorizing the Massage Therapy Licensure Board to promulgate a legislative rule relating to general provisions; authorizing the Board of Medicine to promulgate a legislative rule relating to licensing and disciplinary procedures for physicians and podiatrists; authorizing the Board of Osteopathy to promulgate a legislative rule relating to osteopathic physician assistants; authorizing the Board of Pharmacy to promulgate a legislative rule relating to ephedrine and pseudoephedrine control; authorizing the Real Estate Commission to promulgate a legislative rule relating to requirements in licensing real estate brokers, associate brokers and salespersons and the conduct of brokerage businesses; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies and criteria for the evaluation and accreditation of colleges, departments or schools of nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to requirements for registration and licensure ; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to continuing education; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to dialysis technicians; authorizing the Secretary of State to promulgate a legislative rule relating to procedures for canvassing elections; authorizing the Secretary of State to promulgate a legislative rule relating to procedures for recount of election results; authorizing the Secretary of State to promulgate a legislative rule relating to absentee voting by military voters who are members of reserve units called to active duty; authorizing the Secretary of State to promulgate a legislative rule relating to the procedures for handling ballots and counting write-in votes in counties using optical scan ballots; authorizing the Secretary of State to promulgate a legislative rule relating to the Uniform Commercial Code; repealing a rule promulgated by the Secretary of State relating to West Virginia Product Lien Central Filing System ; authorizing the State Treasurer to promulgate a legislative rule relating to providing services to political subdivisions; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to registration of veterinary technicians.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 368, Creating Food Security Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 368 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8A-13-1, §8A-13-2, §8A-13-3, §8A-13-4, §8A-13-5 and §8A-13-6, all relating to creating the Food Security Act; providing a tax credit for a qualified donation, including, but not limited to, a fee interest in real property and conservation or preservation easement, located in West Virginia, by a landowner taxpayer to a public or private conservation agency; addressing its administration, applicability, limitations and renewal; findings; definitions; and rule-making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Senate Bill No. 395, Relating to Management of Pain Act.
And has amended same.
Now on third reading, having been rereferred to the Committee on Health and Human Resources on February 15, 2007;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 442 (originating in the Committee on Government Organization), Relating to grievance procedures for certain state and educational employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 442 (originating in the Committee on Finance)--A Bill to repeal §18-29-1, §18-29-2, §18-29-3, §18-29-4, §18-29-5, §18-29-6, §18-29-7, §18-29-8, §18-29- 9, §18-29-10 and §18-29-11 of the Code of West Virginia, 1931, as amended; to repeal §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A- 5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11 and §29-6A-12 of said code; to amend and reenact §5-5-4 and §5-5-5 of said code; to amend and reenact §5B-2-5 of said code; to amend and reenact §5F-2-1 of said code; to amend said code by adding thereto a new article, designated §6C-2-1, §6C-2-2, §6C-2-3, §6C-2-4, §6C- 2-5, §6C-2-6 and §6C-2-7; to amend said code by adding thereto a new article, designated §6C-3-1, §6C-3-2, §6C-3-3, §6C-3-4, §6C-3-5 and §6C-3-6; to amend and reenact §11-10A-8 of said code; to amend and reenact §18A-2-8 of said code; to amend and reenact §18B-2A-4 of said code; to amend and reenact §18B-7-4 of said code; to amend and reenact §21-5E-4 of said code; to amend and reenact §22C-7-2 of said code; to amend and reenact §31-20-27 of said code; to amend and reenact §33-48-2 of said code; and to amend and reenact §49-5E- 5a of said code, all relating to repealing the education and state employees grievance procedures and board; establishing a new West Virginia public employees grievance procedure; creating the West Virginia Public Employees Grievance Board with five members appointed by the Governor; giving the board new powers, duties, rule-making authority and data collection responsibilities; making the grievance procedure more fair, efficient, cost effective and consistent; creating a unified grievance procedure with three levels for certain public employees; clarifying definitions and general grievance procedures; disallowing supervisors who evaluate from being representatives; clarifying and reorganizing general provisions; increasing time frames in grievance procedure; defining default provisions; eliminating laches and defining back pay; stating when employees may be represented; clarifying the procedure for conferences and hearings; removing hearing examiners from the grievance procedure; and making technical corrections to affected sections of the code.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 528, Depositing certain pesticide license fees into Pesticide Control Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 528 (originating in the Committee on Finance)--A Bill to amend and reenact §19-16A-7 and §19-16A-23 of the Code of West Virginia, 1931, as amended, all relating to depositing the pesticide dealer, commercial and private applicator and business applicator license fees into the Pesticide Control Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 544, Relating to parental notification requirements for unemancipated minors obtaining abortions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 544 (originating in the Committee on Health and Human Resources)--A Bill to repeal §16-2F-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-6, §16-2F-8 and §16- 2F-9 of said code, all relating to parental notification requirements for obtaining abortions by unemancipated minors; defining terms; requiring proof of age prior to an abortion; providing for substitute notification in certain instances; modifying physician reporting requirements; providing for criminal penalties; and providing for severability.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 544) contained in the preceding report from the Committee on Health and Human 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.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 604, Merging Eastern Community and Technical College with Blue Ridge Community and Technical College.
And reports the same back with the recommendation it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 604) contained in the preceding report from the Committee on Education 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 638, Establishing requirements for college and work readiness credentials.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 745 (originating in the Committee on Education)--A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to selling and serving beverages in public schools; limiting such sale and serving under certain circumstances; authorizing sale and serving of healthy beverages during meal service periods; modifying profit allocation provisions regarding certain sale of healthy beverages; and making technical changes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
The Senate proceeded to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Com. Sub. for Senate Concurrent Resolution No. 10, Requesting state and federal government recognize Berkeley and Jefferson counties as part of historic Shenandoah Valley.
Adopted by the Senate in earlier proceedings today,
The resolution still being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the adoption of the resolution.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the Senate reconsidered its action by which in earlier proceedings today it concurred in the House of Delegates amendment on page three, in the thirteenth Whereas clause, by striking out the word "farm" and inserting in lieu thereof the word "property".
The vote thereon having been reconsidered,
The question again being on the adoption of Senator Chafin's motion that the Senate concur in the House of Delegates amendment.
At the request of Senator Chafin, and by unanimous consent, his foregoing motion was withdrawn.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendment to the resolution (Com. Sub. for S. C. R. No. 10) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senators Love, White and Stollings offered the following resolution:
Senate Concurrent Resolution No. 44-- Requesting the Division of Highways name the bridge on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge".
Whereas, Kenny Ray Hamrick, a life-long resident of Webster Springs, operated several successful businesses, including Hamrick's Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and courageously in World War II, earning two purple hearts and two bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Kenny Ray Hamrick's son, Kevin R. Hamrick.
Which, under the rules lies over one day.
Senators Hunter, Unger, Prezioso, McCabe, Stollings, Minard, Kessler, Plymale, Jenkins, Edgell and Foster offered the following resolution:
Senate Resolution No. 29--Designating February 21, 2007, as "Social Work Day".
Whereas, Social workers have the education and experience to guide individuals, families and communities through complex issues and choices; and
Whereas, Social workers connect individuals, families and communities to available resources and provide health care, mental health and substance abuse services that empower individuals to maintain productive roles in society; and
Whereas, Social workers ensure everyone has access to the same basic rights, protections and opportunities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 21, 2007, as "Social Work Day"; and, be it
Further Resolved, That the Senate hereby recognizes the many contributions of social workers, including their professionalism, dedication and commitment to those they serve; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing "Social Work Day".
At the request of Senator Hunter, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
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 Deem, Boley and Plymale offered the following resolution:
Senate Resolution No. 30-- Congratulating the Parkersburg High School football team on winning the 2006 Class AAA state football championship.
Whereas, The Parkersburg High School football team had an extraordinary season which earned it the opportunity to participate in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School football team won the 2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School football team, consisting of Head Coach Bernie Buttrey and assistant coaches Mike Eddy, Gene Epley, Mark McCullough, Nathan Green, Matt Kimes, Murray Mace, Doak Markley, David Shade and Jason Woodyard, is commended for its outstanding coaching ability, which lead to a record of 14 wins and zero losses; and
Whereas, The members of the Parkersburg High School football team, consisting of Wes Ankrom, Steve Armitage, Ryan Barnett, Travis Bunner, Will Burns, Allen Butterfield, Sean Chichester, Robert Clatworthy, Alex Clegg, Zack Cokeley, Tim Collins, Nathan Conley, Cody Craig, Jon DeGarmo, Jeff Delancey, Matt Delong, Matt Doster, Zack Duncan, Alex Easton, Brandon Eckelberry, Tommy Farrah, Chip Ferrell, Tyler Fornash, Roger Goodwin, Mark Grimm, Jon Haynes, Justin Haynes, Cody Hopkins, Chris James, Josh Jenkins, Jim Kimmich, Tyler Knowlton, Mike Kupfner, Chad Lee, Matt Lindamood, Matt Littleton, Logan Marshall, Corey McClung, Zack McGee, Colin McLain, Dustin Newberry, Matt Newlon, Zack Nolan, Christian Ong, Michael Pamfilis, P. J. Polsley, Nick Povroznik, Jordan Powell, Michael Riblett, Mason Roberts, Chris Row, Tom Ruddlesden, Joe Shafer, Jordan Smith, Kyle Smith, Charlie Taylor, Andy Thomas, Joey Thomas, Jon Thomas, Anthony Thorpe, Tyler Warner, Kyle Weiford, Josh Westfall, Matt Winans and Michael Winans, are commended for their athletic ability and sportsmanship; and
Whereas, The 2006 Class AAA championship win gave Parkersburg High School its tenth state title, the most in West Virginia Class AAA football, and its 737th win, which ranks Parkersburg eighth in the nation in football victories; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High School football team on winning the 2006 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Parkersburg High School football team.
At the request of Senator Deem, 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 Deem, Boley and Plymale offered the following resolution:
Senate Resolution No. 31--Congratulating the Parkersburg High School girls' soccer team on winning the 2006 Class AAA state soccer championship.
Whereas, The Parkersburg High School girls' soccer team had an extraordinary season which earned it the opportunity to participate in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School girls' soccer team won the 2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School girls' soccer team, consisting of Head Coach Mike Lockney and Assistant Coach Erin Butterfield, is commended for its coaching ability; and
Whereas, The players of the Parkersburg High School girls' soccer team, consisting of Captains Amelie Hammell and Katie Roberts, and members Kim Dent, Ellen Krist, Tara Cheeseman, Kelsey Graham, Megan Hurley, Taylor Byrant, Megan Cramer, Amanda Hooper, Emma Levin-Nielson, Elizabeth Lockney, Brook Logston, Chelsey Maiden, Elizabeth Corbitt, Katie Marchand, Lauren Thorn, Alex Bush, Alison Feathers and Vanessa Keiser, are commended for their dedication and hard work; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High School girls' soccer team on winning the 2006 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Parkersburg High School girls' soccer team.
At the request of Senator Deem, 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 Deem, Boley and Plymale offered the following resolution:
Senate Resolution No. 32--Congratulating the Parkersburg High School boys' soccer team on winning the 2006 Class AAA state soccer championship.
Whereas, The Parkersburg High School boys' soccer team had an extraordinary season which earned it the opportunity to participate in the 2006 Class AAA championship playoffs; and
Whereas, The Parkersburg High School boys' soccer team won the 2006 Class AAA championship; and
Whereas, The coaching staff of the Parkersburg High School boys' soccer team, consisting of Head Coach Don Fosselman and Assistant Coaches Chris Way and Donnie Fosselman, is commended for its coaching ability which lead to a record of 24 victories and one loss; and
Whereas, The players of the Parkersburg High School boys' soccer team, consisting of Captains Todd McClure and Cam Lemley, and members Andrew Baker, Johnathan Feathers, Michael Harmon, Andrew Johnson, Ryan Knost, Tim Lieving, Ryan Ellis, Nick Mancuso, Ryan Edwards, Cody Brown, Michael Brooks, Matt Geghardt, Brent McGee, Evan McGee, Cory McMahan, Michael Pitrolo, Tim Stephens, Derik Craft, Tyler Hobbs and Tim Phillips, are commended for their dedication and hard work; and
Whereas, As of November 21, 2006, the Parkersburg High School boys' soccer team was ranked 24th in the nation and fourth in Region IV by the NSCAA/Adidas National Rankings; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Parkersburg High School boys' soccer team on winning the 2006 Class AAA championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Parkersburg High School boys' soccer team.
At the request of Senator Deem, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 76, Setting particular penalties for underage drinking.
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: None.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 76) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 76) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 152, Creating Indigent Defense Commission.
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, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Sypolt and Yoder--4.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 152) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White and Tomblin (Mr. President)--28.
The nays were: Barnes, Boley, Sypolt and Yoder--4.
Absent: Sharpe and Sprouse--2.
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. 152) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 219, Prohibiting smoking in motor vehicle when persons under fourteen are present.
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, Bowman, Caruth, Chafin, Deem, Edgell, Foster, Green, Helmick, Hunter, Jenkins, Kessler, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--23.
The nays were: Barnes, Boley, Facemyer, Fanning, Guills, Hall, Love, McKenzie and Sypolt--9.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 219) 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. 276, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 276) 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, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 276) 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. 505, Relating to State Police Death, Disability and Retirement 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, 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: None.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 505) 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. 603, Establishing 21st Century Tools for 21st Century Schools Technology Initiative.
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: None.
Absent: Sharpe and Sprouse--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 603) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Sprouse--2.
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. 603) takes effect July 1, 2007.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 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.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 18, Requiring third party reimbursement for kidney disease screening.
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. 388, Relating to medical support provisions in child support orders.
Com. Sub. for Senate Bill No. 479, Authorizing county commissions expend funds to repair certain orphan roads.
Senate Bill No. 484, Finding and declaring certain claims against state.
Com. Sub. for Senate Bill No. 569, Creating special fuels taxes for deposit in Special Railroad and Intermodal Enhancement Fund.
Senate Bill No. 589, Expanding powers and duties of Director of Personnel.
Senate Bill No. 596, Requiring municipal elections' personnel participate in training.
Senate Bill No. 611, Relating to Division of Natural Resources' long-term contracts with third parties.
Senate Bill No. 613, Relating to crossbow restrictions.
And,
Eng. Com. Sub. for House Bill No. 2791, Relating to penalties for violating peace bonds.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
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. 563, Authorizing Joint Committee on Government and Finance to appoint certain Court of Claims' clerks.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 588, Removing tax expiration date on manufacturing or production of synthetic fuel from coal.
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,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (S. B. No. 588) contained in the preceding report from the Committee on Energy, Industry and Mining 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 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. 629, Relating to certain exemptions for solid waste facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 629 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-15-9a, relating generally to solid waste facilities; providing procedure to allow certain facilities to handle up to one hundred thousand tons of solid waste per month; providing special solid waste assessment fee; specifying when special solid waste assessment fee applies in lieu of regular fees; specifying administration, collection and disbursement of the special solid waste assessment fee; authorizing enforcement and penalties for nonpayment of the fee; creating the county solid waste assessment fee account and providing for its management; creating a county solid waste advisory board; establishing terms and specifying duties of the solid waste advisory board; and dedicating use of special assessment fee proceeds for certain purposes.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 629) contained in the preceding report from the Committee on the Judiciary 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 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. 675, Limiting arrest powers for day report officers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 678, Eliminating certain taxes for production and severance of coalbed methane.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 678 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §11-13A-3d of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13V-4a, all relating to the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act; specifying termination of the severance tax exemption for production of coalbed methane; and specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and for purposes of the taxes imposed by the Workers' Compensation Debt Reduction Act.
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,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 678) contained in the preceding report from the Committee on Energy, Industry and Mining 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. 681, Relating to WV Capital Company Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; 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. 681) 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, with amendments from the Committee on Economic Development pending.
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. 706, Limiting expungement of certain criminal records.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 706 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-11-26, relating to the limited expungement of certain criminal records.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Barnes presented a petition from Bonita Nantz and numerous West Virginia residents, supporting Senate Bill No. 736 (Prohibiting state-funded abortions).
Referred to the Committee on Finance.
Senator Jenkins presented a petition from Omar Pennington and eighty Cabell County residents, opposing Senate Bill No. 369 (Relating to local option elections on table games).
Referred to the Committee on the Judiciary.
Senator Yoder presented a petition from Keith E. St. Clair and forty-eight 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 thirteenth order of business.
At the request of Senator Stollings, the name of Senator Stollings was removed as a sponsor of Senate Bill No. 370 (Establishing returnable beverage container deposit program) and Senate Bill No. 654 (Reconstituting Hatfield-McCoy Regional Recreation Authority governing board).
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Sprouse.
Pending announcement of meetings of standing committees of the Senate, including majority and minority party caucuses,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 22, 2007, at 11 a.m.
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