sdj-44th day

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

Charleston, W. Va., Thursday, February 22, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Arnold Parkins, Ray Kinder, Bill Pauley and Kenneth Legg proceeded in the singing of "In His Care".
Pending the reading of the Journal of Wednesday, February 21, 2007,
On motion of Senator Helmick, 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.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Robert E. Lee, as portrayed by Hal Stone, to address the Senate.
Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2048--A Bill to amend and reenact §10-1-5 of the Code of West Virginia, 1931, as amended, relating to clarifying public library board service areas as determined by the Library Commission; and providing for appointment of members at large from the service area.
Referred to the Committee on Government Organization.
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. 2544--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to increasing the penalty for conviction of the offense of driving under the influence causing death.
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. 2804--A Bill to amend and reenact §17-4-17b of the Code of West Virginia, 1931, as amended, relating to time schedules for utility relocation on highway projects; placing liability and costs on the utility company for failure to comply with proper removal notice; allowing the division of highways to reimburse utility companies for subsequent relocations due to plan change after a project is let to construction; and providing for meetings between division of highways and utilities.
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. House Bill No. 2866--A Bill to amend and reenact §9-2-9 and §9-4-3 of the Code of West Virginia, 1931, as amended, all relating to requiring public notice of state plan amendments, demonstration projects or reimbursement schedule changes prior to submission for federal approval; requiring public hearings in each congressional district for state plan amendments and demonstration projects prior to submission for federal approval; and increasing the membership of the Medicaid Advisory Board.
Referred to the Committee on Health and Human Resources.
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. 2933--A Bill to amend and reenact §30-7-12 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-7A-9 of said code, all relating to exempting from nursing licensing, care of the sick when the care is provided in connection with the practice of the religious tenets of any church or religious organization and is by or for its members.
Referred to the Committee on Health and Human 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. House Bill No. 3057--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2K-1 and §16-2K-2, all relating to programs for all- inclusive care of the elderly, known as "PACE"; setting forth legislative intent; defining terms; and exempting "PACE" programs from regulation by the Insurance Commissioner.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3117--A Bill to amend and reenact §21-11-6 of the Code of West Virginia, 1931, as amended, relating to clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia.
Referred to the Committee on Government Organization.
The Senate proceeded 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. 55, Updating mortality tables used in life estate valuation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 55 (originating in the Committee on the Judiciary)--A Bill to repeal §43-2-4 and §43-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §43-2- 1, §43-2-2 and §43-2-3 of said code, all relating to updating the mortality tables and interest rate used in the valuation of a life estate; and repealing antiquated sections relating to inchoate right of dower.
Senate Bill No. 201, Relating to payment of certain costs in worthless check cases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 201 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-3-39f and §61-3-39h of the Code of West Virginia, 1931, as amended, all relating to worthless checks; exempting complaints for obtaining property in return for worthless check from the requirement of being sworn to before a prosecuting attorney or law-enforcement officer; preventing assessment of costs against a complainant who is paid restitution for worthless check charges dismissed as part of a plea agreement; requiring the defendant in a worthless check prosecution to pay court costs for each worthless check charge of which he or she stands convicted; and requiring the defendant to pay the additional court costs for each worthless check charge dismissed as a result of a plea agreement.
Senate Bill No. 524, Requiring proof of lawful disposal of solid waste.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 524 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22C-4-10 of the Code of West Virginia, 1931, as amended, relating to proof of lawful disposal of solid waste as a defense to a violation of disposal law; and establishing penalties for littering.
And,
Senate Bill No. 712, Relating to wine regulations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 712 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-10-5s of the Code of West Virginia, 1931, as amended; to amend and reenact §17-22-7 of said code; to amend and reenact §60-1-5a of said code; to amend and reenact §60-3-25 of said code; to amend and reenact §60-3A-18 of said code; to amend and reenact §60-4-2, §60-4-3, §60-4-3a, §60-4-15 and §60-4-22 of said code; to amend said code by adding thereto a new section, designated §60-4-3b; to amend and reenact §60-6-1 and §60-6-2 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-5, §60-8-6, §60-8-7, §60- 8-16, §60-8-18, §60-8-19, §60-8-20, §60-8-23, §60-8-24, §60-8-25, §60-8-26, §60-8-28, §60-8-29, §60-8-30, §60-8-31, §60-8-32 and §60- 8-34 of said code; and to amend said code by adding thereto a new section, designated §60-8-6a, all relating to alcohol beverage regulation generally; regulating wine; recategorizing farm wineries as mini-wineries in equalizing wineries with distilleries and mini- wineries with mini-distilleries as to signage, licensing, license fees, sales and the use of suppliers and distributors; providing licensing procedure for wineries, mini-wineries, suppliers, distributors or retailers to sell and direct ship wine for personal consumption by an adult over twenty-one years of age; providing licensing requirements and registration procedures for wine suppliers, subject to approval of all wine labels; amending the definition of "wine"; adding a private wine bed and breakfast license and a private wine spa license; permitting adult patrons at private wine bed and breakfasts, private wine restaurants, private wine spas and private clubs to recork or reseal for off-premises consumption up to two bottles of unconsumed wine when the sale of wine is accompanied by food or a meal; extending hours retail licensees may sell liquor; permitting a private wine restaurant or a private club to sell from its inventory, for off-premises consumption, one bottle of wine per adult; equalizing certain license fees; adding protections for wineries, mini-wineries, suppliers and distributors by requiring written agreements between the parties, a notice of termination and ninety days for a party to either deplete wine inventories or reach some other agreement; and permitting sharing of tax, licensing and enforcement information between the Tax Commissioner and the Alcohol Beverage Control Commissioner.
With the recommendation that the four committee substitutes do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 84, Allowing county boards of education enter into lease-purchase agreement for land, buildings and equipment.
Com. Sub. for Senate Bill No. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination.
And,
Senate Bill No. 631, Providing refundable exemption for certain contractor purchases.
And reports the same back with the recommendation that they each 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. 185, Creating Tobacco Settlement Finance Authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 185 (originating in the Committee on Finance)--A Bill to amend and reenact §4-11A-1, §4- 11A-2 and §4-11A-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto fourteen new sections, designated §4-11A-1a, §4-11A-6, §4-11A-7, §4-11A-8, §4-11A-9, §4- 11A-10, §4-11A-11, §4-11A-12, §4-11A-13, §4-11A-14, §4-11A-15, §4- 11A-16, §4-11A-17 and §4-11A-18, all relating to legislative appropriation of tobacco settlement funds; setting forth legislative findings and purposes; receipt of settlement funds and required deposit in West Virginia Tobacco Settlement Medical Trust Fund; receipt of settlement funds and required deposit in the West Virginia Tobacco Settlement Fund; creating Tobacco Settlement Finance Authority and providing for general powers; establishing governing board of the authority; defining staff of the authority; limiting liability; providing certain definitions; authorizing sale of rights in a master settlement agreement; authorizing bonds of the authority; providing for the use of proceeds of bonds of the authority; providing an exemption from state purchasing provisions; providing bankruptcy provisions; establishing the dissolution of the authority; ensuring a revenue source remains for the unfunded liabilities of the Old Fund to replace previous legislative appropriation of tobacco settlement funds for the benefit of the Old Fund; and construction of article.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 255, Authorizing Department of Environmental Protection promulgate legislative rule relating to antidegradation implementation procedures.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Natural Resources 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. 278, Authorizing Division of Human Services promulgate legislative rule relating to day care centers' licensing.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 278 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Health and Human Resources and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the Department of Health and Human Resources; 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 Health Care Authority to promulgate a legislative rule relating to certificates of need; authorizing the Health Care Authority to promulgate a legislative rule relating to health services offered by health professionals; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water system operators; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to nursing home licensure; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to recreational water facilities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to emergency medical services; authorizing the Division of Human Services to promulgate a legislative rule relating to child care center licensing; authorizing the Division of Human Services to promulgate a legislative rule relating to child-placing agencies' licensure; authorizing the Division of Human Services to promulgate a legislative rule relating to minimum licensing requirements for group residential facilities in West Virginia; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements; and authorizing the Division of Human Services to promulgate a legislative rule relating to informal and relative family child care home registration requirements.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 361, Establishing work programs for qualified inmates.
And,
Senate Bill No. 707, Increasing jail processing fee amount.
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. 371, Exempting certain professional services from consumers sales and service tax.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 371) 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 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. 420, Transferring certain in-service training programs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 420 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-7-2 of the Code of West Virginia, 1931, as amended, relating to county in-service training program; transferring certain county in- service training programs from the State Tax Commissioner to the Auditor and Supreme Court of Appeals; and deleting obsolete language.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 420) contained in the preceding report from the Committee on Government Organization 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 441, Relating to wind power projects tax treatment.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Com. Sub. for Senate Bill No. 452 (originating in the Committee on Education), Creating WV Kids First Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 452 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-31-1, §18-31-2, §18-31-3, §18-31-4, §18-31- 5, §18-31-6 and §18-31-7, all relating to the West Virginia Kids First Act; legislative findings; creating West Virginia Kids First for the purpose of improving the quality and accountability of early childhood development; creating a board to govern West Virginia Kids First; setting forth powers of the board effective only upon the effective date of required legislative rules; setting forth duties of the board; limiting the board's authority for programs of the West Virginia Department of Education; requiring that the department be consulted about any education component of programs for children zero to three; limiting implementation of West Virginia Kids First; and providing for the sunset of the board.
With the recommendation that the committee substitute for committee substitute do pass; but under the original triple committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the third committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
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. 465, Establishing Dam Safety Rehabilitation Revolving Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 465 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §22-14-3 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §22-14- 19, all relating to deficient dams; establishing the Dam Safety Rehabilitation Revolving Fund for deficient dams; and providing for promulgation of rules.
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 White, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 465) 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 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. 475, Allowing appellant file stay with Board of Zoning Appeals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 475 (originating in the Committee on Government Organization)--A Bill to amend and reenact §8A-8-11 and §8A-8-12 of the Code of West Virginia, 1931, as amended, all relating to appeals to the Board of Zoning Appeals; clarifying time period for written decision by board; automatic dismissal if time period not met; clarifying stays; and authorizing stay exemptions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Jenkins, from the Committee on Interstate Cooperation, submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under consideration
Senate Bill No. 482, Relating to agreement among states to elect president by national popular vote.
And,
Senate Bill No. 697, Establishing Interstate Economic Growth-Sharing Compact.
And reports the same back without recommendation as to passage; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
At the request of Senator Jenkins, unanimous consent being granted, the bills (S. B. Nos. 482 and 697) contained in the preceding report from the Committee on Interstate Cooperation 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 the Judiciary.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 509, Regulating all-terrain vehicles.
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 the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 509) contained in the preceding report from the Committee on Transportation and Infrastructure 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 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. 552, Modifying Water Pollution Control Act.
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 the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator White, unanimous consent being granted, the bill (S. B. No. 552) 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.
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. 561, Removing exemption for certain salvage yards from screening provisions.
And reports the same back with the recommendation that it 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. 599, Eliminating early resignation notification bonus for certain teachers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 599 (originating in the Committee on Finance)--A Bill to amend and reenact §18A-2-2 of the Code of West Virginia, 1931, as amended, relating to eliminating the five hundred-dollar early notification bonus for a classroom teacher who gives early notification of his or her resignation from employment at the end of the school year; providing that only a retiring classroom teacher who gives early notification is eligible for the bonus; and making certain technical amendments.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 610, Relating to electronic voting systems generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 610 (originating in the Committee on Finance)--A Bill to amend and reenact §3-4A-1, §3-4A- 8, §3-4A-23, §3-4A-26 and §3-4A-28 of the Code of West Virginia, 1931, as amended, all relating to electronic voting systems generally; requiring each county to develop a policy for securing electronic voting equipment; requiring vendor of electronic voting equipment to provide an annual report of any difficulties with electronic voting machines; restricting certain recording and electronic devices from the voting booth; providing for additional testing of electronic voting machines in certain circumstances; providing for testing a set of preaudited group of ballots; and allowing qualified individuals to demand recount.
And,
Senate Bill No. 617, Requiring voter history on statewide registration system.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 617 (originating in the Committee on Finance)--A Bill to amend and reenact §3-2-4a, §3-2-5, §3-2-6, §3-2-11, §3-2-13 and §3-2-30 of the Code of West Virginia, 1931, as amended, all relating to voter registration; providing for the voting history of a voter on the statewide registration system; providing that agencies may not withhold information for statewide voter registration system without a court order; allowing for Division of Motor Vehicles' identification card in lieu of driver's license for voter registration purposes; providing that the voter has four business days to correct errors on voter registration card; requiring the Department of Revenue to provide a check box for voter registration interest; requiring voting coordinators to receive training; removing provisions requiring manual voter registration lists by county clerks in lieu of electronic files; requiring county clerk to provide a copy of voter registration list availability policy to the Secretary of State's office; and modifying the cost of purchasing the voter registration list.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
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. 654, Reconstituting Hatfield-McCoy Regional Recreation Authority governing board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 654 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20- 14-3 of the Code of West Virginia, 1931, as amended, relating to reconstituting the governing board of the Hatfield-McCoy Regional Recreation Authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
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. 721, Relating to tax map sales.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 721 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-10F-1, §11-10F-2, §11-10F-3, §11-10F-4 and §11-10F- 5, all relating to tax map sales.
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 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 the Judiciary.
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. 746 (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 §29-6-7a, relating to Division of Personnel; and requiring the director to report on a centralized personnel system.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 747 (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 §8-1-5a; and to amend and reenact §8-1-7 of said code, all relating to creating the Municipal Home Rule Pilot Program; legislative findings and intent; eligibility requirements; creating the Municipal Home Rule Board; powers of the board and participating municipalities and metro governments; requiring performance review; reporting requirements; terminating pilot program; certain grandfather provisions; and reaffirming home rule powers for all municipalities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 748 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6, §5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10 and §5B-4-11; and to amend said code by adding thereto a new article, designated §18-31A-1 and §18- 31A-2, all relating to structuring the Electronic Telecommunication Open Infrastructure Act (ETOPIA); conducting an inventory and developing coordinated deployment and operation of technology infrastructure within this state; definitions; legislative findings; technology infrastructure inventory, local government cooperation, inventory survey reporting requirements, rule-making authority of Secretary of Department of Administration; exemption from disclosure of confidential information; creating Joint Legislative Oversight Commission on Transportation and Infrastructure; powers and duties of the Secretary of Commerce; rule-making authority of Council for Community and Economic Development relating to secretary; study by secretary and inventory of management practices of technology and technology infrastructure; reporting requirements; providing technical and funding assistance to develop technology infrastructure; authorizing secretary to engage in consulting services for fee; contractual and joint venture agreements; liberal construction of article; and utilizing broadband infrastructure, technology and information to enhance early childhood development.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
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 Concurrent Resolution No. 7, Requesting Joint Committee on Government and Finance study state agencies' use of state-owned facilities.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Senators Prezioso, Bailey, Edgell, Foster, Hunter, Helmick, Kessler, Unger, Barnes, Boley, Guills, McKenzie and Plymale offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Joint Committee on Government and Finance reconstitute Select Committee A on Children, Juveniles and Other Matters during the interim period of the Seventy-Eighth Legislature.
Whereas, Select Committee A was appointed following the conclusion of the 2005 Regular Session of the Seventy-Seventh Legislature of West Virginia in response to a growing need for immediate oversight of child welfare matters; and
Whereas, In its two year history, Select Committee A has begun the process of a comprehensive review of the child welfare service delivery within the Bureau for Children and Families; and
Whereas, During the course of its work, Select Committee A has been assigned to study topics such as recruitment and retention of Child Protective Service's workers, child advocacy center criteria, parking accessibility issues, volunteer firefighters and other important issues related to the protection of children and juveniles; and
Whereas, The efforts of Select Committee A have improved the delivery of services of child welfare services; and
Whereas, Select Committee A had a strong interest in continuing to address, among other matters, strengthening investigation options in child abuse and neglect matters, increasing penalties for individuals convicted of child abuse and neglect and addressing the problem of drug and alcohol abuse by parents relative to child abuse and neglect; and
Whereas, Legislation was passed during the Second Extraordinary Session of the 2006 Legislature containing proposals originally suggested to the Legislature by Select Committee A, including the implementation of a child abuse registry and the development of a special victim's unit within the State Police; and
Whereas, The work of Select Committee A should be uninterrupted to provide continued protection to children and families during the next interim period; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to reconstitute Select Committee A on Children, Juveniles and Other Matters during the interim period of the Seventy-Eighth Legislature; and, be it
Further Resolved, That Select Committee A report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, including drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Foster, Tomblin (Mr. President), Jenkins, Prezioso, Hall, McCabe, Stollings, Unger, McKenzie, Plymale, Kessler and Hunter offered the following resolution:
Senate Resolution No. 33--Designating February 22, 2007, as "Hospital Day".
Whereas, Hospitals play a critical role in improving the health of our citizens; and
Whereas, Hospitals contribute more than $5 billion annually to the state's economy; and
Whereas, Last year, West Virginia hospitals treated six million people in their outpatient departments, provided emergency care to over one million patients, delivered 21,000 babies, performed nearly 250,000 surgeries and cared for more than 300,000 people as inpatients; and
Whereas, Hospitals are an important part of our educational system, with instructional programs that provide for a wide range of services and technical and professional positions; and
Whereas, West Virginia hospitals employ over 39,000 people and, directly or indirectly, support one out of every nine jobs in the state; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 22, 2007, as "Hospital Day"; and, be it
Further Resolved, That the Senate expresses its appreciation to hospitals for the services they provide to care for the health of our citizens; 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 Hospital Association.
At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senators Bailey, Tomblin (Mr. President), Bowman, Chafin, Edgell, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 34--Recognizing the West Virginia Federation of Democratic Women.
Whereas, The West Virginia Federation of Democratic Women works to promote an informed electorate through political education; and
Whereas, The West Virginia Federation of Democratic Women works to increase the effectiveness of women in the cause of good government through active political participation; and
Whereas, The West Virginia Federation of Democratic Women facilitates cooperation among Democratic women's clubs; and
Whereas, The West Virginia Federation of Democratic Women fosters loyalty to the Democratic Party and promotes its ideals; and
Whereas, The West Virginia Federation of Democratic Women works for the election of the Democratic Party's nominees; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Federation of Democratic Women; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the West Virginia Federation of Democratic Women.
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, at the request of Senator Chafin, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Prezioso, Unger, Edgell, McCabe, Kessler, Hunter and Foster offered the following resolution:
Senate Resolution No. 35--Recognizing the commitment to the State of West Virginia of Nancy V. Atkins, Commissioner of the Bureau for Medical Services.
Whereas, Nancy V. Atkins has over thirty years of experience in health care in West Virginia. She is a registered nurse, nurse practitioner and has served in numerous administrative and clinical capacities in primary care and hospital settings throughout the state; and
Whereas, Nancy V. Atkins has been on the faculty of West Virginia University, delegate to the American Nurses Association and voting member of the national Medicaid Commission; and
Whereas, In 2001 Governor Bob Wise, recognizing Nancy V. Atkins' talents, appointed her Commissioner of the Bureau for Medical Services within the Department of Health and Human Resources, a position to which Governor Joe Manchin reappointed her to in 2005; and
Whereas, The National Association of Medicaid Directors has twice elected Commissioner Atkins as Chair, providing West Virginia a much-needed voice on the federal level; and
Whereas, Under Commissioner Atkins' leadership, West Virginia's Medicaid program has gained national attention for sweeping reforms aimed at disease management, personal responsibility and innovative service delivery; and
Whereas, After six years at the helm of West Virginia's Medicaid program, Commissioner Atkins has decided that her talents, leadership and knowledge base can better serve West Virginia by moving into the private sector; therefore, be it
Resolved by the Senate:
That the Senate hereby honors the commitment to the State of West Virginia of Nancy V. Atkins, Commissioner of the Bureau for Medical Services; and, be it
Further Resolved, That the Senate recognizes that Commissioner Atkins has been dedicated to providing quality leadership to the Medicaid program as an innovator and a visionary; and, be it
Further Resolved, That the Senate congratulates Commissioner Atkins on a job well done and wishes her the best as she transitions to a new chapter in her life; and, be it
Further Resolved, That the Clerk is hereby requested to forward a copy of this resolution to Nancy V. Atkins.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Prezioso regarding the adoption of Senate Resolution No. 35 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 44, Requesting Division of Highways name bridge on Route 20, in Webster Springs, Webster County, "Kenny Ray Hamrick Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 395, Relating to Management of Pain Act.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, as chair of the Committee on Health and Human Resources, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, the following amendments to the bill, from the Committee on Health and Human Resources, were reported by the Clerk, considered simultaneously, and adopted:
O n page five, section two, line eleven, after the word "patient" by inserting the words "even though the dosage exceeds the usual dosage of a pain-relieving controlled substance";
And,
On page five, section two, line seventeen, after the word "pain" by inserting the words "even though the dosage exceeds the usual dosage of a pain-relieving controlled substance".
The bill, as just amended, was again ordered to engrossment.
Engrossed Senate Bill No. 395 was then 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, 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)--32.
The nays were: None.
Absent: Fanning and Sharpe--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. 395) passed with its title.
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.
Com. Sub. for Senate Bill No. 18, Requiring third party reimbursement for kidney disease screening.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Prezioso, the following amendment to the bill was reported by the Clerk and adopted:
On page eight, section seven, after line one hundred nineteen, by inserting a new subsection, designated subsection (d), to read as follows:
(d) The agency shall maintain the medical and prescription drug coverage for Medicare-eligible retirees by providing that coverage through one of the existing plans or by enrolling the Medicare-eligible retired employees into a Medicare-specific plan, including, but not limited to, the Medicare/Advantage Prescription Drug Plan. In the event that a Medicare-specific plan would no longer be available or advantageous for the agency and the retirees, the retirees shall remain eligible for coverage through the agency.
The bill (Com. Sub. for S. B. No. 18), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 149, Repealing code section relating to Child Assessment or In-State Placement Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 207, Providing fine for violating terms of bond.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 376, Assessing fee for processing scientific collecting permits.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 388, Relating to medical support provisions in child support orders.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page five, section one hundred one, line sixty-eight, after the word "means" by inserting the words "the child's portion of the".
The bill (S. B. No. 388), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 479, Authorizing county commissions expend funds to repair certain orphan roads.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 484, Finding and declaring certain claims against state.
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. 569, Creating special fuels taxes for deposit in Special Railroad and Intermodal Enhancement Fund.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Plymale, unanimous consent being granted, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 589, Expanding powers and duties of Director of Personnel.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 596, Requiring municipal elections' personnel participate in training.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 611, Relating to Division of Natural Resources' long-term contracts with third parties.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 613, Relating to crossbow restrictions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2791, Relating to penalties for violating peace bonds.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 57, Establishing reporting requirements and information safeguards for regulated consumer lender licensees.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 66, Modifying home incarceration fees.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 107, Relating to threatening to use a firearm or other deadly weapon as element of robbery in first degree.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 203, Creating Purchasing Improvement Fund.
On first reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 368, Creating Food Security Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 415, Authorizing magistrate courts assess fee for criminal records checks.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating to grievance procedures for certain state and educational employees.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 528, Depositing certain pesticide license fees into Pesticide Control Fund.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 540, Providing tax credits for certain utility taxpayers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 563, Authorizing Joint Committee on Government and Finance to appoint certain Court of Claims' clerks.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 601, Revising provisions governing motor vehicle dealers' establishment or relocation.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 638, Establishing requirements for college and work readiness credentials.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 643, Relating to insurance laws violations investigations.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 658, Relating to stalking offense.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 675, Limiting arrest powers for day report officers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 706, Limiting expungement of certain criminal records.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 745, Relating to selling and serving beverages in public schools.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, the Senate recessed for five minutes to permit LaQuita Wilburn to address the Senate on behalf of the Governor's Honors Academy and Loren Bane to address the Senate on behalf of the Governor's School for the Arts.
Upon expiration of the recess, the Senate reconvened and proceeded to the eleventh order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, 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. 82, Creating Eyewitness Identification Reform Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 82 (originating in the Committee on the Judiciary)--A Bill toamend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-1E-1, §62-1E-2, §62-1E-3, §62-1E-4, §62-1E-5 and §62-1E-6, all relating to adopting procedures recommended by the United States Department of Justice to improve the reliability of eyewitness' identification in criminal matters; adopting a short title; listing legislative findings; defining terms; providing remedies for noncompliance; and improving training for law-enforcement officers.
And,
Senate Bill No. 400, Appointing additional circuit court judges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 400 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing for additional circuit court judges to be appointed to the ninth, twenty-second, twenty-fourth and thirtieth judicial circuits.
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,
Jeffrey V. Kessler,
Chair.
Senator Helmick, as chair of the Committee on Finance, requested unanimous consent to dispense with the second committee reference of Committee Substitute for Senate Bill No. 82 contained in the foregoing report from the Committee on the Judiciary.
Which consent was not granted, Senator Green objecting.
On motion of Senator Helmick, as chair of the Committee on Finance, the second committee reference of Committee Substitute for Senate Bill No. 82 contained in the foregoing report from the Committee on the Judiciary was dispensed with.
At the request of Senator Kessler, unanimous consent being granted, Committee Substitute for Senate Bill No. 400 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 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. 100 (originating in the Committee on Education), Requiring local school boards reimburse mileage to school service personnel using own vehicle.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 100 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-14, relating to requiring local school boards to reimburse school personnel for mileage expended for the use of their own vehicle in the course of their employment at a minimum rate at least the same as the state mileage reimbursement rate.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 626, Relating to child advocacy centers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 704, Establishing certain criminal penalties relating to nonprofit corporations' crimes.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Sprouse, unanimous consent being granted, it was ordered that the Journal show had Senator Sprouse been present in the chamber on yesterday, Wednesday, February 21, 2007, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 76, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 152, Engrossed Committee Substitute for Senate Bill No. 276, Engrossed Senate Bill No. 505 and Engrossed Committee Substitute for Senate Bill No. 603; and "nay" on Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 219.
Senator Edgell called attention to yesterday, Wednesday, February 21, 2007, being the birthday of the senator from Wayne and on behalf of the Senate extended felicitations and good wishes to Senator Plymale, with Senator Love leading the members in singing "Happy Birthday".
At the respective requests of Senators Edgell, Plymale and Prezioso the names of Senators Edgell, Plymale and Prezioso were removed as sponsors of Senate Bill No. 686 (Prohibiting discrimination based upon age or sexual orientation).
On motion of Senator Chafin, leaves of absence for the day were granted Senators Fanning and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 23, 2007, at 11 a.m.
____________