sdj-48th day

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

Charleston, W. Va., Monday, February 26, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Larry L. Rowe, a former senator from the seventeenth district. Kanawha City Elementary School's third grade class, Charleston, West Virginia, then led the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Friday, February 23, 2007,
On motion of Senator Bailey, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
Senator Tomblin (Mr. President) presented a communication from the Coal Heritage Highway Authority, submitting its annual report, in accordance with chapter twenty-nine, article twenty-eight, section twelve of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 148, Providing breast feeding not considered public indecency.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page two, section nine, line thirteen, after the word "jail" by inserting the word "for";
And,
On page two, section nine, lines fifteen and sixteen, by striking out the words "and confined in jail not more than ninety days" and inserting in lieu thereof the words "or both".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 148, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 148) passed with its title.
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 amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 591, Supplementing, amending, reducing and increasing appropriation to Division of Highways.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That the items of the total appropriation from the State Road Fund, fund 9017, fiscal year 2007, organization 0803, be amended and reduced in the line items as follows:
TITLE II--APPROPRIATIONS.
Sec. 2. Appropriations from State Road Fund.
DEPARTMENT OF TRANSPORTATION
92--Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2007 Org 0803
State
Act-Road
ivityFund
6Bridge Repair and Replacement

273$8,000,000

Interstate Construction
278
4,000,000

And that the items of the total appropriation from the State Road Fund, fund 9017, fiscal year 2007, organization 0803, be amended and increased in the line items as follows:
TITLE II--APPROPRIATIONS.
Sec. 2. Appropriations from State Road Fund.
DEPARTMENT OF TRANSPORTATION
92--Division of Highways
(WV Code Chapters 17 and 17C)
Fund 9017 FY 2007 Org 0803
State
Act-Road
ivityFund
3Maintenance, Contract Paving
4

and Secondary Road

Maintenance
272
$13,000,000

Other Federal Aid Programs
279
50,000,000

Nonfederal Aid Construction
281
8,000,000

The purpose of this supplementary appropriation bill is to supplement, amend, reduce and increase existing items in the aforesaid account for the designated spending unit for expenditure during the fiscal year ending the thirtieth day of June, two thousand seven.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 591, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 591) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 591) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
Eng. House Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, amending article ten thereof by adding thereto a new section, designated section one-d, relating to exempting from ad valorem tax a single motor vehicle owned by residents of this state who are serving on active duty in the armed forces of the United States and are stationed outside this state on the date mandated by law for assessment to be made; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2059--A Bill to amend and reenact º20-7-1a and º20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing a increases in compensation for conservation officers.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2181--A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-1-20 of said code; and to amend said code by adding thereto a new section, designated §30-1-17, all relating to authorizing state offices, agencies, boards and commissions to submit annual reports electronically; and requiring electronic copies to be submitted to the Legislative Manager in certain circumstances.
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. 2189--A Bill to amend and reenact §18-5-13 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-8, §18A-4-8f, §18A-4-8g and §18A-4- 15 of said code, all relating to public schools and county boards of education; school service personnel; authority of county boards of education; expanding purposes for which schools may expend funds; establishing certain vehicle and driver safety requirements for transporting students to a school-sponsored activity; expanding the purposes for which county boards may lease school buses; establishing service personnel classification title for licensed practical nurse; prohibiting displacement of aides to create vacancy for licensed practical nurse; establishing parameters for the workday and beginning work station for certain service personnel; modifying process for determining certain service personnel hiring priority in cases of school merger or consolidation; and modifying employment benefits accrued by substitute service personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 2216--A Bill to amend and reenact sections 1, 2 and 3, chapter 232, Acts of the Legislature, regular session, 1997, all relating to expanding the counties covered by West Virginia Route 2 and Interstate 68 Authority to include Cabell, Mason and Jackson counties; and increasing the number of members.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2348--A Bill to amend and reenact §15-5-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15- 5-19a, all relating to the possession of firearms during a proclaimed state of emergency; and clarifying the powers and authorities granted by said article with respect thereto.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2481--A Bill to amend and reenact §17A-10- 3 of the Code of West Virginia, 1931, as amended, relating to registration fees for vehicles; and allowing a registrant to transfer the registration of a Class C vehicle to another Class C type vehicle titled in the name of the registrant.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2503--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to the requirements for obtaining a driver's license or identification card; and allowing persons who possess a valid driver's license to also obtain an identification card.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2525--A Bill to amend and reenact º24E-1-3 and º24E-1-11 of the Code of West Virginia, 1931, as amended, all relating to the statewide addressing and mapping board; clarifying board composition; extending board members' terms; establishing powers and duties; providing for legal counsel; providing the division with rule-making and emergency rule-making authority; requiring the board to share information; extending the termination of the board; and providing for the transfer of the powers and duties of the board to the Division of Homeland Security and Emergency Management.
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. 2583--A Bill to amend and reenact §16-22-3 of the Code of West Virginia, 1931, as amended, relating to the expansion of newborn testing to include sickle cell anemia, congenital adrenal hyperplasia, cystic fibrosis, biotinidase deficiency, isovaleric acidemia, glutaric acidemia type I, 3-Hydroxy-3-methylglutaric aciduria, multiple carboxylase deficiency, methylmalonic acidemia-mutase deficiency form, 3- methylcrotonyl-CoA carboxylase deficiency, methylmalonic acidemia, Cbl A and Cbl B forms, propionic acidemia, beta-ketothiolase deficiency, medium-chain acyl-CoA dehydrogenase deficiency, very long-chain acyl-CoA dehydrogenase deficiency, long-chain acyl-CoA dehydronenase deficiency, trifunctional protein deficiency, carnitine uptake defeat, maple syrup urine disease, homocystinuria, citrullinemia type I, argininosuccinate acidemia, tyrosinemia type I, hemoglobin S/Beta-thalassemia, sickle C disease and hearing deficiency.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2588--A Bill to amend and reenact §18A-3-3a of the Code of West Virginia, 1931, as amended, relating to the reimbursement of tuition, registration and other required fees for coursework completed by teachers for certification renewal and an additional endorsement in a shortage area; creating priority for reimbursement of courses for renewals and endorsement in shortage areas if insufficient funds appropriated; and limiting semester hours of courses reimbursed for any teacher.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2703--A Bill to amend and reenact §20-2-28 of the Code of West Virginia, 1931, as amended, relating to authorizing certain students receiving instruction in fly fishing to fly fish while under the supervision of an instructor without obtaining a license; and conditions.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2763--A Bill to amend and reenact §33-33-2 and §33-33-6 of the Code of West Virginia, 1931, as amended, all relating to persons performing financial examinations of insurers; defining term; prohibiting use of indemnification agreements by accountants performing certain audits; and permitting mediation or arbitration agreements in certain circumstances.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2007, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2777--A Bill to amend and reenact §18A-4-2, §18A-4-2a, §18A-4-8 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing for compensation generally; increasing annual salaries of public school teachers; increasing the annual salary bonus for classroom teachers with national board certification; creating new service personnel class title for compensation purposes; providing and changing certain pay grades; and increasing annual salaries of service personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2831--A Bill to amend and reenact §7-1-3mm of the Code of West Virginia, 1931, as amended, relating to transfer of development rights; eliminating the five-year ordinance waiting period; and providing that the transfer of development rights may be renewable.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
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. Com. Sub. for House Bill No. 2842--A Bill to amend and reenact §18-2-6a of the Code of West Virginia, 1931, as amended, relating to sale and serving of beverages in 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 modifying certain provisions regarding beverages that qualify as healthy beverages.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
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. 2939--A Bill to amend and reenact §18A-3-1 and §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to certification of professional educators; authorizing holders of K-8 certificates to teach departmentalized courses for which certified; authorizing alternative education programs for certified teachers to obtain additional endorsement; providing for state board rule; and report on proposed rule to Legislative Oversight Commission on Education Accountability prior to implementation.
Referred to the Committee on Education.
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. 3025--A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended, relating to removing the ten-year limitation on executing on liens for child support.
Referred to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 3036--A Bill to reform, alter and modify the county commission of Hampshire County under the provisions of section 13, article IX of the Constitution of West Virginia.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3066--A Bill to amend and reenact §17C-10- 2 and §17C-10-7 of the Code of West Virginia, 1931, as amended, all relating to pedestrian's right-of-way in crosswalks; and penalties for violations.
Referred to the Committee on Transportation and Infrastructure.
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. 3097--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §5-10B-3a and §5-10B-10a; and to amend and reenact §36-8-13 of said code, all relating to government employees deferred compensation plans; authorizing automatic enrollment in a plan; authorizing a matching contribution program; establishing matching program term; establishing qualifications for participation; limiting the match to twenty-five percent of employee contributions at a maximum of one hundred dollars per year, not to exceed four hundred dollars over the life of the matching program; establishing the Deferred Compensation Matching Fund; specifying that operation of a matching program is contingent upon funding by the Legislature and may be changed or discontinued at any time for a time certain or indefinitely; specifying that disbursements from the matching fund may not exceed one million dollars in any one fiscal year; allowing earnings to accrue to the matching fund; and requiring the unclaimed property administrator to transfer two million dollars from the Unclaimed Property Trust Fund to the matching fund on or before the first day of June, two thousand seven, and one million dollars on or before the first day of June, two thousand eight.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 8--Requesting the Division of Highways to name the bridge numbered 10596 on State Route 10/96 in Cyclone, West Virginia, the "Sharrell Hayes Brown and Edwin Waymen Brown Memorial Bridge".
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown were born in Lorado, Logan County, West Virginia, and later moved to Lacoma, Wyoming County, West Virginia, where they attended Road Branch Elementary School. Sharrell and Edwin are two of five sons of the late Elsworth and Athalene Lusk Brown. Their brothers are Harlon, Earthell and Dorn Brown; and
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown went to work for Eastern Associated Coal also known as Peabody Coal and worked for this company for 35 years and 32 years respectively; and
Whereas, Sharrell Hayes Brown and Edwin Waymen Brown purchased eight acres of land in 1975. Together, on this land, they built the Brown's Trailer Park and constructed by hand the first bridge providing access to the park. They were able to maintain their hand built bridge for 33 years. However, as time progressed, the two brothers were unable to maintain the bridge and after tedious work by the Delegates from the 22nd District of the 77th Legislature the bridge was replaced by the Division of Highways; and
Whereas, Sharrell Hayes Brown retired from Peabody Coal in April of 2003 but was unable to enjoy much of his retirement as he was diagnosed with leukemia in September of 2003. He was in and out of hospitals in Charleston and Morgantown, West Virginia receiving treatment for his leukemia until his tragic death on June 6, 2006; and
Whereas, Although Sharrell Hayes Brown was unable to witness the construction of the replacement bridge by the Division of Highways which is to be named after him and his brother, he was able to view the progress through pictures his daughter Kim brought to the hospital; and
Whereas, Edwin Waymen Brown retired from Peabody Coal to spend time with his family after 32 years of service but some of his spirit for life left him with the passing of his two brothers Sharrell Hayes and Dorn Brown this past summer; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 10596 on County Route 10/96 in Cyclone, West Virginia, the "Sharrell Hayes Brown and Edwin Waymen Brown Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with words, printed in bold and prominent fashion, designating the bridge as the "Sharrell Hayes Brown and Edwin Waymen Brown Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Sharrell Hayes Brown and Edwin Waymen Brown.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 30--Requesting the Division of Highways to name the bridge traversing the CSX Railroad tracks and the Greenbrier River on U. S. Route 219 South, in Ronceverte, West Virginia, the "Thomas E. "Jock" Clifford, Jr., Memorial Bridge".
Whereas, Colonel Thomas Edward "Jock" Clifford, Jr., was born May 19, 1911, in Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford joined the West Virginia National Guard at Ronceverte on November 20, 1928; and
Whereas, Colonel Jock Clifford graduated with honors from Greenbrier Military Academy in 1931, and was then appointed to West Point Military Academy on academic and athletic merit; and
Whereas, Colonel Jock Clifford starred as the center for the West Point football team, earning the title of All-American Center in football in 1935; and
Whereas, In addition to his success on the football field, Colonel Jock Clifford lettered in basketball and baseball. As a result of his superior athletic abilities, he acquired the nickname "Jock"; and
Whereas, Colonel Jock Clifford married Brownie Peters, his hometown sweetheart, the day after his graduation from West Point Military Academy; and
Whereas, Colonel Jock Clifford initially served at Fort Benning in Georgia and later as the officer in charge of the Army unit at the Cleveland (Ohio) Exposition of 1937; and
Whereas, Colonel Jock Clifford commanded the 19th Infantry Regiment of the 24th Division of the United States Army; and
Whereas, Colonel Jock Clifford commanded a battalion during the Hollandia campaign, which ultimately lead to the defeat of Japanese forces in New Guinea; and
Whereas, Colonel Jock Clifford was promoted to Colonel after demonstrating tremendous leadership and courage during the Battle of the Ormac Corridor; and
Whereas, Colonel Jock Clifford's seemingly limitless strength, fearlessness, tenacity, determination, and resolve to push himself and the men in his battalion to the brink of their endurance, earned him the nickname "Hell Roaring Jock"; and
Whereas, Colonel Jock Clifford was often referred to as a "real life John Wayne"; and
Whereas, Colonel Jock Clifford is considered the liberator of the city of Davao in the Philippines; and
Whereas, The city of Davao acknowledged his accomplishment by naming a theater, a street, and the town square in his honor; and
Whereas, Colonel Jock Clifford was known by friends, family, and peers as a fearless and brilliant leader; and
Whereas, Colonel Jock Clifford has named in his honor an army post in Kaje-do, Korea; a National Guard Armory in Ronceverte, West Virginia; a landing craft; and an arms rifle range; and
Whereas, Colonel Jock Clifford graciously requested a transfer from a prestigious position on General MacArthur's staff to return to the battlefield as one of the commanders of the 24th Infantry; and
Whereas, Colonel Jock Clifford then sacrificed his life near Tamogan, Mindanao, on June 24, 1945, while rescuing one of his sergeants from a Japanese-fired artillery shell; and
Whereas, Colonel Jock Clifford was awarded the Distinguished Service Cross with Oak Leaf Cluster; the Silver Star; the Legion of Merit; the Bronze Star with V and Oak Leaf Cluster; and the prestigious Purple Heart; and
Whereas, Colonel Jock Clifford's service and sacrifice earned him the honor of interment at Arlington National Cemetery; and
Whereas, Colonel Jock Clifford requested, should anything happen to him during the war, that his body be laid to rest in Ronceverte, West Virginia; and
Whereas, Colonel Jock Clifford was an outstanding World War II hero, and should be forever remembered for his valor and service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge traversing the CSX Railroad tracks and the Greenbrier River on U. S. Route 219 South, in Ronceverte, West Virginia, the "Thomas E. "Jock" Clifford, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and placed on the bridge signs identifying them as the "Thomas E. "Jock" Clifford, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this resolution to the Secretary of Transportation, the Commissioner of the Division of Highways and the family of Colonel Thomas E. "Jock" Clifford, Jr.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 32--Requesting the Division of Highways to name the bridge in Cabell County at Russell Creek and U. S. Route 60 E. which connects the community of Altizer to U. S Route 60 E. and is identified as Division of Highways bridge number 2890 as the "Seaman Apprentice, Roger Dale Childers Memorial Bridge".
Whereas, Roger Dale Childers was born January 10, 1948, the son of Mildred Johnson Childers and Norman Childers; and
Whereas, Roger Dale Childers graduated from Barboursville High School in 1965 and like many of his peers at the time, shortly thereafter joined the United States Navy; and
Whereas, While in the United States Navy, Roger Dale Childers became a seaman apprentice; and
Whereas, On June 10, 1967, Roger Dale Childer's parents received the following telegram "I deeply regret to confirm on behalf of the United States Navy that your son, Roger Dale Childers ...previously reported missing in action now has been reported to have been killed in action on September 13, 1966 when the helicopter he was aboard crashed while on a combat mission over Viet Cong territory in South Vietnam. His remains have been recovered from the crash site. Your son died while serving his country"; and
Whereas, The sacrifice of one's life in the service of one's country is a noble and selfless act; and
Whereas, We cannot as a state and a nation forget the sacrifice of Roger Dale Childers because to do so would mean that we would lose sight of what it means to be an American and dishonor his ultimate sacrifice and the sacrifices of his peers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the bridge in Cabell County at Russell Creek and U. S. Route 60 E. which connects the community of Altizer to U. S Route 60 E. and is identified as Division of Highways bridge number 2890 as the "Seaman Apprentice, Roger Dale Childers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Seaman Apprentice, Roger Dale Childers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby requested to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Seaman Apprentice, Roger Dale Childers.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 40--Requesting the Secretary of the Department of Health and Human Resources to immediately establish a Children's Services Redesign Group charged with proposing a redesign of the state's children's service system.
Whereas, The health, safety and well-being of children are of paramount importance to families in our state and protecting the health, safety and well-being of our children is essential to the well-being of our youngest citizens and the quality of life in our state; and
Whereas, Providing responsive, accountable and cost-effective services to West Virginia's children and families in their home communities is important and the children's service system does not have a cohesive structure, clear goals or communication between state agencies, courts, providers and children; and
Whereas, The children's service system is struggling not only in West Virginia but across the country due to an increase in children at risk of abuse and neglect paralleled with the system's inability to respond to the increased need and it is desirable for the Department of Health and Human Resources and private providers to identify and replicate best practices while providing greater accountability for child and family outcomes; and
Whereas, The Department of Health and Human Resources is charged with protecting the safety, well-being and health of children and both it, and the private providers it uses, must be held accountable; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature requests the Secretary of the Department of Health and Human Resources to immediately establish a Children's Services Redesign Group charged with proposing a redesign of the state's children's service system; and, be it
Further Resolved, That the Legislature requests the Secretary of the Department of Health and Human Resources to assure that membership in the Children's Services Redesign Group represent all facets of the child serving community, including, but not limited to, former foster children, families, Department of Health and Human Resources management and field staff, administrative services organization, juvenile court judges, individuals working in the probation system, mental health experts, representatives from the Legislature, representatives from the Governor's Office, child advocates, representatives of all provider groups and representatives of the court; and, be it
Further Resolved, That this multiyear strategy cross organizational boundaries to integrate existing services and future services by working together in public/private partnership to propose a system of care that at a minimum ensures an increased focus on community based prevention to prevent child abuse and neglect; and, be it
Further Resolved, That the Children's Services Redesign Group develop a blueprint for action considering the West Virginia Program Improvement Plan and develop a process and measures toward implementing the plan; and, be it
Further Resolved, That the Secretary of the Department of Health and Human Resources report to the Joint Committee on Government and Finance by the thirty-first day of December, two thousand seven, and annually after that until two thousand ten, on the status of the Children's Services Redesign Group and the development of the blueprint for action; and, be it
Further Resolved, That the Secretary of the Department of Health and Human Resources submit proposed legislation the Secretary finds is needed to implement the West Virginia Program Improvement Plan and the blueprint for action to the Joint Committee on Government and Finance.
Referred to the Committee on Health and Human Resources.
Executive Communications
The Clerk then presented communications from His Excellency, the Governor, advising that on February 20, 2007, he had approved Enr. Senate Bill No. 138, Enr. Senate Bill No. 139, Enr. Senate Bill No. 140, Enr. Senate Bill No. 141 and Enr. Senate Bill No. 217; and on February 23, 2007, he had approved Enr. House Bill No. 2141.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 23rd day of February, 2007, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(Com. Sub. for H. B. No. 2120), Prescribing minimum standards for municipal judges.
(H. B. No. 2285), Updating the meaning of federal adjusted gross and certain other terms used in West Virginia Personal Income Tax Act.
And,
(Com. Sub. for H. B. No. 2314), Updating the meaning of "federal taxable income" and certain other terms used but not defined in the West Virginia Corporation Net Income Tax Act.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 21, Restricting licensee's work until adverse judgment satisfied.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 21 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21-11-14 of the Code of West Virginia, 1931, as amended, relating to granting the West Virginia Contractor Licensing Board the authority to take disciplinary action including assessing a civil penalty against a licensee for failure to satisfy an adverse judgment in favor of a consumer entered by a magistrate or circuit court.
And,
Senate Bill No. 117, Relating to determining competency to stand trial.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 117 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §27-6A-1, §27-6A-2, §27-6A-3, §27-6A-4, §27-6A-5, §27-6A-6, §27-6A-7, §27-6A-8 and §27-6A-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §27-6A-10, all relating to the determination of a person's competency to stand trial and of criminal responsibility generally; addressing court jurisdiction over persons found not guilty by reason of mental illness; defining terms requiring release from jurisdiction of the court under certain circumstances; requiring periodic review of person found incompetent to stand trial; establishing time limits for motions and hearings; adding provisions for forensic evaluations and evaluators; and addressing evaluations of diminished capacity and dangerousness.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 21 and 117) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 67 (originating in the Committee on Education), Relating to school access safety generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 67 (originating in the Committee on Finance)--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 generally to the School Building Authority and school access safety; encouraging efficiency in school design; 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.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 67) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 175 (originating in the Committee on Government Organization), Creating Clandestine Drug Laboratory Remediation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 175 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, l931, as amended, by adding thereto a new article, designated §60A-11-1, §60A-11-2, §60A-11-3, §60A-11-4, §60A-11-5 and §60A-11-6, all relating to regulation and procedures for the remediation of clandestine drug laboratories; defining terms; establishing a program of certification and licensing of persons engaged in the business of remediation; providing for legislative rules; authorizing the Department of Health and Human Resources to establish fees for certification, licensing and notification requirements; setting forth the responsibility of law-enforcement agencies to notify the Department of Health and Human Resources and residential property owners of the existence of a clandestine drug laboratory; setting forth the responsibility of residential property owners for remediation of clandestine drug laboratories; providing immunity from liability for innocent property owners who successfully remediate a clandestine drug laboratory; and establishing civil penalties for persons convicted pursuant to subsection (d), section four, article ten of said chapter and whose actions resulted in the necessity of remediation of a clandestine drug laboratory.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 175) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 331, Providing circuit judge sentencing discretion on certain youthful offenders.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 331) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 381 (originating in the Committee on Banking and Insurance), Relating to insurance fraud.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 381 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §33-4-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-41-8 and §33-41-11 of said code; and to amend said code by adding thereto a new section, designated §33-41-8b, all relating to insurance fraud; clarifying that the insurance code contains specific criminal penalties for felony offenses; authorizing certain employees of the fraud unit of the Insurance Commissioner to investigate fraud relating to the Public Employees Insurance Agency and to present criminal complaints directly to a magistrate with the approval of a prosecuting attorney; and modifying the monetary threshold for felonies to comport with general felony provisions.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 381) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 386, Exempting public disclosure of specific public utility plant engineering plans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 386 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29B-1-4 of the Code of West Virginia, 1931, as amended, relating to exempting from public disclosure specific engineering plans of existing public utility plants and equipment; and exempting telecommunication companies from public disclosure of information that they are required not to disclose by federal regulations.
And,
Senate Bill No. 641, Defining term "PSC motor carrier inspectors and enforcement officers" for criminal provisions purposes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 641 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to defining the term "Public Service Commission motor carrier inspectors and enforcement officers" for purposes of inclusion into the criminal provisions concerning malicious and unlawful wounding and battery and assault of law-enforcement officers.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 386 and 641) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 400 (originating in the Committee on the Judiciary), Appointing additional circuit court judges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 400 (originating in the Committee on Finance)--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to providing for five additional circuit court judges.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 400) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 403, Increasing sealed bids' limitation for certain purchases and contracts by ambulance service authorities.
And,
Senate Bill No. 490, Relating to Underground Storage Tank Insurance Fund.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 403 and 490) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 424, Relating to one-trip permits issued by State Police.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 424 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17A-7-2 of the Code of West Virginia, 1931, as amended, relating to one-trip permits issued by the State Police; increasing the fee for issuance; and providing that the State Police retain a portion of the fee for administration and enforcement.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 424) 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 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. 425, Relating to Water Pollution Control Revolving Fund loans.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 425) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 465 (originating in the Committee on Natural Resources), Establishing Dam Safety Rehabilitation Revolving Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 465 (originating in the Committee on Finance)--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 for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 465) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 523, Consolidating and eliminating certain Division of Motor Vehicles' fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 523 (originating in the Committee on Finance)--A Bill to amend and reenact §17A-2-21 and §17A-2-23 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-3 and §17A-3-14 of said code; to amend and reenact §17A-4-10 of said code; to amend and reenact §17A-9-7 of said code; to amend and reenact §17B-2-7c of said code; to amend and reenact §17C-5A-2a, §17C-5A-3 and §17C-5A-3a of said code; to amend and reenact §17E-1-23 of said code; and to amend and reenact §20-7-2 of said code, all relating to the consolidation and elimination of certain fees collected by the Division of Motor Vehicles.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 523) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 544 (originating in the Committee on Health and Human Resources), 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 Com. Sub. for Senate Bill No. 544 (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 §16-2F-1a; and to amend and reenact §16-2F-2, §16-2F-3, §16-2F-4, §16-2F-5, §16-2F-6, §16-2F-8 and §16-2F-9 of said code, all relating to parental notification requirements for abortions performed on unemancipated minors; providing that the circuit court has jurisdiction over the provisions of the article; defining terms; providing for a waiver; requiring notice to minors of a right to petition the court; reporting and record retention requirements; specifying when notice is not required; providing penalties; and providing a severability clause.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 544) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 552, Modifying Water Pollution Control Act.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on February 22, 2007;
And reports the same back with the recommendation that it do pass, as amended.
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. 565, Requiring certain partnerships and businesses provide disclosure of organizations' members' names.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 565 (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 §31B-3-303a; to amend said code by adding thereto a new section, designated §31D-8-860a; to amend said code by adding thereto a new section, designated §31E-8-813; and to amend said code by adding thereto a new section, designated §47B-3-3a, all relating to requiring any partnership, limited liability company, nonprofit corporation or business corporation conducting business in this state and receiving funds from this state to provide, upon request of any citizen and without charge, the names of its members, managers, partners or board of directors and the names of the members, managers, partners or board of directors of its parent organization, if any, as is applicable to the particular entity; and cessation of funding for failure to comply.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 565) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 578, Increasing incremental salary for public employees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 578 (originating in the Committee on Finance)--A Bill to amend and reenact §5-5-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §12-3-1c, all relating to increasing the amount of annual incremental salary increases for eligible employees from fifty dollars to seventy-five dollars; and requiring the State Auditor to provide a benefits statement with a state officer's or employee's net wages.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 578) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 588, Removing tax expiration date on manufacturing or production of synthetic fuel from coal.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2007;
And reports the same back with the recommendation that it do pass, as amended.
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. 615, Authorizing certain municipalities to enter into contracts for electric power purchase.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 615) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 629, Relating to certain exemptions for solid waste facilities.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2007;
And reports the same back with the recommendation that it 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. 642, Modifying definition of "law-enforcement officer" to include PSC motor carrier inspectors and enforcement officers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 642) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 697, Establishing Interstate Economic Growth-Sharing Compact.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 697 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §7-12-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new chapter, designated §7A-1-1, all relating to the Appalachian Regional Interstate Compact; authorizing revenue- sharing agreements between development authorities or similar authorities outside the state; providing that certain obligations of development authorities are not debts pursuant to section eight, article X of the West Virginia Constitution; creating the Appalachian Regional Interstate Compact; providing a short title; establishing the compact and authorizing membership under certain conditions; setting forth powers and duties of compact members; providing for six compact commissioners; authorizing appointment by the President of the Senate and the Speaker of the House of Delegates; specifying terms of service; providing for funding for operating expenses; providing that members will receive compensation and reimbursement for reasonable and necessary expenses as determined by each state; and providing that the act will become effective upon adoption of at least one other state.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 697) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 749 (originating in the Committee on Finance)- -A Bill to amend and reenact §11-24-1, §11-24-3a and §11-24-7 of the Code of West Virginia, 1931, as amended, all relating to corporation net income tax generally; defining terms; and requiring combined reporting.
Senate Bill No. 750 (originating in the Committee on Finance)- -A Bill to amend and reenact §11-24-4 of the Code of West Virginia, 1931, as amended, relating to reducing the rate of corporation net income tax.
Senate Bill No. 751 (originating in the Committee on Finance)- -A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to phasing out business franchise tax over seven years.
And,
Senate Bill No. 752 (originating in the Committee on Finance)- -A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto fifteen new sections, designated §11-13W-1, §11-13W- 2, §11-13W-3, §11-13W-4, §11-13W-5, §11-13W-6, §11-13W-7, §11-13W- 8, §11-13W-9, §11-13W-10, §11-13W-11, §11-13W-12, §11-13W-13, §11- 13W-14 and §11-13W-15, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for cost of intellectual property developed or used in this state or both developed and used in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits and deductions; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction and for severability; proving effective date; and specifying termination date.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bills (S. B. Nos. 749, 750, 751 and 752) contained in the preceding report from the Committee on Finance were each taken up for immediate consideration, read a first time and ordered to second reading.
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. 753 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-5-19 of the Code of West Virginia, 1931, as amended, relating to filling vacancies in nominations.
And,
Senate Bill No. 754 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-8-9 of the Code of West Virginia, 1931, as amended, relating to campaign expenditures and contributions; clarifying language on contributions from political committees to certain other political committees; clarifying language regarding expenditures; prohibiting candidate committees from contributing to another candidate committee except in certain circumstances; and prohibiting political action committees from contributing to other political action committees except in certain circumstances.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bills (S. B. Nos. 753 and 754) contained in the preceding report from the Committee on the Judiciary were each taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the sixth order of business.
Senators Barnes, Green, Guills, Hall, Hunter, Love, Prezioso, Sprouse, Stollings, Wells, Yoder, McKenzie, Plymale, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 47--Requesting the Joint Committee on Government and Finance study the feasibility, effectiveness and desirability of requiring mandatory drug testing for students who participate in athletics and other extracurricular activities in public schools.
Whereas, Students have a right to attend school and participate in athletics and extracurricular activities in a safe and drug-free environment; and
Whereas, Student athletes need to be drug free in order to maintain the good physical condition required to participate safely in sports activities; and
Whereas, Student athletes take leadership roles in the school community and, as role models, must be drug free; and
Whereas, School administrators need reasonable tools to deter drug users and drug dealers in order to foster a school climate that is safe and conducive to learning; and
Whereas, A program of drug testing may provide reinforcement for students who want to abstain but are pressured by their peers to participate in drug use; and
Whereas, Concerned parents must be given as many effective tools as possible for positive intervention in the lives of their school-age children; and
Whereas, The benefits to be derived from testing student athletes must be weighed against the costs of administering the tests, the likelihood of reduced participation in athletics and other extracurricular activities, and the possibility that marginal students, freed from the structure and discipline of these pursuits, may be more prone to join drug-using peer groups; and Whereas, The United States Supreme Court ruled in Vernonia Sch. Dist. 47J v. Acton that middle school and high school athletes can be required to submit to suspicionless drug tests as a condition of athletic participation, which decision removed a major constitutional roadblock to the adoption of drug testing programs by public schools nationwide; and
Whereas, Improvements in testing technologies may have lowered costs and increased reliability making drug testing in the public schools more practical; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility, effectiveness and desirability of requiring mandatory drug testing for students who participate in athletics and other extracurricular activities in public schools; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Stollings, Prezioso, Foster, Plymale, Edgell, Jenkins, Love, McCabe, Sprouse, McKenzie, Unger, Kessler and Hunter offered the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Legislative Oversight Commisssion on Education Accountability work with state agencies to explore options to improve school health.
Whereas, West Virginia schools should identify the needs and gaps of school health by using the School Health Index Assessment and pursue a coordinated approach to school health as described in this report; and
Whereas, The Office of Healthy Schools in the Department of Education should provide technical assistance and support to help schools conduct the assessment and achieve a coordinated school health system; and
Whereas, A point of coordination and accountability should be established for all types of health screenings at both the county and state level which can answer key questions such as the number of children screened, types of screenings performed and children who needed referrals and further services; and
Whereas, Each county school system should seek to establish a school health system which includes coordination between school health nurses, school-based health centers, local medical, dental and mental health services and public health resources; and
Whereas, The principles of prevention, medical home and chronic disease management should be a part of every school system; and
Whereas, The West Virginia Department of Education, Bureau for Public Health, Bureau for Behavioral Health and Healthy Lifestyles Coalition should work together to assess the physical, social and emotional environment of schools; and
Whereas, All county boards of education should promote staff wellness programs that encourage healthy lifestyles among staff in order to improve productivity and model healthy behaviors; and
Whereas, It is the responsibility of government, education, public health, behavioral health, communities and private practitioners to build an environment which addresses the needs of healthy lifestyles, including, but not limited to, education and school health; therefore, be it
Resolved by the Legislature of West Virginia:
That the Senate hereby requests the Legislative Oversight Commission on Education Accountability to work with state agencies to explore options to improve school health; and, be it
Further Resolved, That the Legislative Oversight Commission on Education Accountability report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the West Virginia Department of Education, Bureau for Public Health, Bureau for Behavioral Health, Healthy Lifestyles Coalition, West Virginia School-Based Health Assembly and West Virginia Association of School Nurses.
Which, under the rules, lies over one day.
Petitions
Senator Stollings presented a petition from Al Justice and numerous members of the Boone County School Service Personnel Association, requesting a salary increase greater than the Governor's proposed three and one-half percent.
Referred to the Committee on Education.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 49 (originating in the Committee on Military)--Urging the Governor initiate, sponsor and encourage the process whereby a state cemetery for veterans may be established and maintained.
Whereas, In 1979, the Legislature passed Enrolled Senate Bill No. 551 (Establishing veterans' cemetery by department of veterans' affairs); and
Whereas, That law empowers the Department of Veterans' Affairs to establish and maintain a state veterans' cemetery to be centrally located within the state, giving the department authorization to receive funds and to propose rules for promulgation; and
Whereas, Now, 27 years later, when the nation is embroiled in yet another war to which this state is sending troops to fight and sometimes die, the veterans still have no state cemetery because that law has never been acted upon; and
Whereas, Interest and encouragement from the Governor might have the effect of jump-starting this long-overdue project which is badly needed and has certainly been earned by the brave persons who have served in the United States armed forces; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is urged to initiate, sponsor and encourage the process whereby a state cemetery for veterans may be established and maintained; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Honorable Joe Manchin, Governor of the State of West Virginia, Larry Linch, Director, West Virginia Division of Veterans' Affairs, West Virginia Veterans' Coalition and West Virginia's congressional delegation.
And reports the same back with the recommendations that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 50 (originating in the Committee on Military)--Requesting the West Virginia congressional delegation sponsor creation of a new national veterans' cemetery in southern West Virginia.
Whereas, There now exist two national veterans' cemeteries in West Virginia, one in Grafton and one in Pruntytown, both in the north central part of the state, located within ten miles of each other; and
Whereas, The majority of veterans in West Virginia live in southern West Virginia, with 19,000 veterans living in Kanawha County alone; and
Whereas, Veterans' families from southern West Virginia do not utilize the veterans' national cemetery at Pruntytown because it is too far away from family and friends; and
Whereas, A national veterans' cemetery in the southern part of West Virginia would serve the greatest concentration of veteran population in the state; and
Whereas, A national veterans' cemetery in the southern part of West Virginia would not only serve those who served in the United States armed forces from southern West Virginia, but also those who live in eastern Kentucky and western Virginia; and
Whereas, The West Virginia Code already contains a law whereby the Division of Veterans' Affairs has the authority to acquire and transfer real property to the United States Veterans' Administration for the purpose of establishing a new national cemetery; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests West Virginia's congressional delegation to sponsor creation of a new national veterans' cemetery in southern West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation, the Honorable Joe Manchin, Governor of West Virginia, West Virginia Veterans' Coalition and Larry Linch, Director, West Virginia Division of Veterans' Affairs.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 51 (originating in the Committee on Military)--Requesting the Governor issue a proclamation on December 7th each year declaring a "State Day of Remembrance" honoring all West Virginia patriots of World War II and encouraging all political subdivisions and state school districts to pay proper tribute in its recognition.
Whereas, On December 7, 1941, the future of America changed. It was truly a "Day of Infamy" which resulted in 16 million Americans, including 233,985 West Virginians, taking part in a world war to preserve the way of life of a free people; and
Whereas, West Virginians rallied to the war effort in numbers greater per capita than any other state, and this resulted in many West Virginia fathers, mothers, husbands, wives, sons, daughters, brothers, sisters, uncles, aunts and cousins giving their lives and suffering severe injuries for West Virginia and the nation during that war; and
Whereas, World War II veterans are dying at a rate of about 1,800 veterans per day in the United States. In a few short years, there will no longer be any living veterans of that war; and
Whereas, It is, therefore, both important and imperative that the day of December 7th be forever remembered in tribute to what has been declared the "Greatest Generation" who sacrificed so much to save America's way of life; therefore, be it
Resolved by the Legislature of West Virginia:
That the Governor is requested to issue a proclamation on December 7th each year declaring a "State Day of Remembrance" honoring all West Virginia patriots of World War II and encouraging all political subdivisions and state school districts to pay proper tribute in its recognition; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Honorable Joe Manchin, Governor of the State of West Virginia, the Honorable Earl Ray Tomblin, President of the Senate, the Honorable Rick Thompson, Speaker of the House of Delegates, West Virginia Veterans' Coalition and West Virginia's congressional delegation.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 52 (originating in the Committee on Military)--Requesting the Joint Committee on Government and Finance study the feasibility of constructing covered promenades and handicapped ramps on the second floor outdoor walkways between the main Capitol building and the east and west wings of the Capitol.
Whereas, The walkways on the second floor connecting the east and west wings of the Capitol building with the main building of the Capitol are used by legislators, staff and the public alike as a convenient and direct route between legislative and staff offices and the two chambers; and
Whereas, If these two walkways did not exist or are not accessible, a person is forced to walk down two flights of stairs or take an elevator to the first floor and walk around to the main part of the Capitol, then walk back up two flights of stairs or take an elevator up one floor to the second floor to go from the east or west wings to the chambers. This is not only inconvenient but imposes an unfair disadvantage to handicapped persons; and
Whereas, The two walkways which now exist are adequate for nonhandicapped persons in good weather, but in inclement weather the walkways become a hazard for everybody because of slips, falls and other hazards associated with subjecting oneself to rain, snow, sleet or hail; and
Whereas, In any weather, the walkways are an insurmountable obstacle for handicapped persons; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of constructing covered promenades and handicapped ramps on the second floor outdoor walkways between the main Capitol building and the east and west wings of the Capitol; and, be it
Further Resolved, That representatives of the Capitol Building Commission, the Historical Preservation Section of the Division of Culture and History, the Archives and History Section of the Division of Culture and History, the Department of Administration, General Services, Division of Veterans' Affairs, West Virginia Department of Administration Americans with Disabilities Act Office and the West Virginia Veterans' Coalition be invited to serve on the interim study committee; and, be it
Further Resolved, That the authority of the Capitol Building Commission's powers be examined during this study; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2008, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the resolution (S. C. R. No. 52) contained in the preceding report from the Committee on Military was taken up for immediate consideration.
On motion of Senator Hunter, the resolution was referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 46, Requesting Joint Committee on Government and Finance study sustainable funding methods to conserve land.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 57, Establishing reporting requirements and information safeguards for regulated consumer lender licensees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 57) 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. 66, Relating to WV Community Corrections 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 66) 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. 107, Relating to threatening to use a firearm or other deadly weapon as element of robbery in first degree.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 107) 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. 319, Authorizing miscellaneous boards and agencies promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 319) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 319) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 368, Creating Food Security Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion and a point of inquiry to the President, with resultant response thereto,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 368 pass?"
Prior to the call of the roll, Senator Yoder moved to be excused from voting under rule number forty-three of the Rules of the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Barnes, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Helmick, Hunter, Jenkins, Kessler, Love, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White and Tomblin (Mr. President)--27.
The nays were: Boley, Hall, McCabe, Sprouse and Sypolt--5.
Absent: Sharpe--1.
Excused from voting: Yoder--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 368) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 415, Authorizing magistrate courts assess fee for criminal records checks.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 415) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 442, Relating to grievance procedures for certain state and educational employees.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 442) 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. 528, Depositing certain pesticide license fees into Pesticide Control 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, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 528) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 528) 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. Senate Bill No. 540, Providing tax credits for certain utility taxpayers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Sypolt--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 540) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 563, Authorizing Joint Committee on Government and Finance to appoint certain Court of Claims' clerks.
On third 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.
Eng. Senate Bill No. 573, Creating programs to monitor physicians, podiatrists and physician assistants who are recovering substance abusers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 573) 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. 601, Revising provisions governing motor vehicle dealers' establishment or relocation.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Kessler, the Senate reconsidered the vote by which on Friday, February 23, 2007, it adopted Senator Kessler's amendments to the bill (shown in the Senate Journal of that day, page 27).
The vote thereon having been reconsidered,
The question being on the adoption of Senator Kessler's amendments to the bill.
At the request of Senator Kessler, and by unanimous consent, the Senator Kessler's amendments to the bill were withdrawn.
On motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That § 17A -6A-3, §17A-6A-10 and § 17A -6A-12 of the Code of West Virginia, 1931, as amended, be amended and reenacted , all to read as follows:

ARTICLE 6A. MOTOR VEHICLE DEALERS, DISTRIBUTORS, WHOLESALERS AND MANUFACTURERS.

§17A-6A-3. Definitions.
For the purposes of this article, the words and phrases defined in this section have the meanings ascribed to them, except where the context clearly indicates a different meaning.
(1) "Dealer agreement" means the franchise, agreement or contract in writing between a manufacturer, distributor and a new motor vehicle dealer which purports to establish the legal rights and obligations of the parties to the agreement or contract with regard to the purchase, lease or sale of new motor vehicles, accessories, service and sale of parts for motor vehicles.
(2) "Designated family member" means the spouse, child, grandchild, parent, brother or sister of a deceased new motor vehicle dealer who is entitled to inherit the deceased dealer's ownership interest in the new motor vehicle dealership under the terms of the dealer's will, or who has otherwise been designated in writing by a deceased dealer to succeed the deceased dealer in the new motor vehicle dealership, or is entitled to inherit under the laws of intestate succession of this state. With respect to an incapacitated new motor vehicle dealer, the term means the person appointed by a court as the legal representative of the new motor vehicle dealer's property. The term also includes the appointed and qualified personal representative and the testamentary trustee of a deceased new motor vehicle dealer. However, the term means only that designated successor nominated by the new motor vehicle dealer in a written document filed by the dealer with the manufacturer or distributor, if such a document is filed.
(3) "Distributor" means any person, resident or nonresident, who, in whole or in part, offers for sale, sells or distributes any new motor vehicle to a new motor vehicle dealer or who maintains a factor representative, resident or nonresident, or who controls any person, resident or nonresident, who, in whole or in part, offers for sale, sells or distributes any new motor vehicle to a new motor vehicle dealer.
(4) "Established place of business" means a permanent, enclosed commercial building located within this state easily accessible and open to the public at all reasonable times and at which the business of a new motor vehicle dealer, including the display and repair of motor vehicles, may be lawfully carried on in accordance with the terms of all applicable building codes, zoning and other land-use regulatory ordinances and as licensed by the Division of Motor Vehicles.
(5) "Factory branch" means an office maintained by a manufacturer or distributor for the purpose of selling or offering for sale vehicles to a distributor, wholesaler or new motor vehicle dealer, or for directing or supervising, in whole or in part, factory or distributor representatives. The term includes any sales promotion organization maintained by a manufacturer or distributor which is engaged in promoting the sale of a particular make of new motor vehicles in this state to new motor vehicle dealers.
(6) "Factory representative" means an agent or employee of a manufacturer, distributor or factory branch retained or employed for the purpose of making or promoting the sale of new motor vehicles or for supervising or contracting with new motor vehicle dealers or proposed motor vehicle dealers.
(7) "Good faith" means honesty in fact and the observation of reasonable commercial standards of fair dealing in the trade.
(8) "Manufacturer" means any person who manufactures or assembles new motor vehicles; or any distributor, factory branch or factory representative.
(9) "Motor vehicle" means that term as defined in section one, article one of this chapter, including motorcycle and recreational vehicle as defined in subsections (c) and (nn), respectively, of said section, but not including a tractor or farm equipment.
(10) "New motor vehicle" means a motor vehicle which is in the possession of the manufacturer, distributor or wholesaler, or has been sold only to a new motor vehicle dealer and on which the original title has not been issued from the new motor vehicle dealer.
(11) "New motor vehicle dealer" means a person who holds a dealer agreement granted by a manufacturer or distributor for the sale of its motor vehicles, who is engaged in the business of purchasing, selling, leasing, exchanging or dealing in new motor vehicles, service of said vehicles, warranty work and sale of parts who has an established place of business in this state and is licensed by the Division of Motor Vehicles.
(12) "Person" means a natural person, partnership, corporation, association, trust, estate or other legal entity.
(13) "Proposed new motor vehicle dealer" means a person who has an application pending for a new dealer agreement with a manufacturer or distributor. Proposed motor vehicle dealer does not include a person whose dealer agreement is being renewed or continued.
(14) "Relevant market area" means the area located within a ~~fifteen~~ twenty air-mile radius around an existing same line-make new motor vehicle dealership.
§17A-6A-10. Prohibited practices.
(1) A manufacturer or distributor may not require any new motor vehicle dealer in this state to do any of the following:
(a) Order or accept delivery of any new motor vehicle, part or accessory of the vehicle, equipment or any other commodity not required by law which was not voluntarily ordered by the new motor vehicle dealer. This section does not prevent the manufacturer or distributor from requiring that new motor vehicle dealers carry a reasonable inventory of models offered for sale by the manufacturer or distributor;
(b) Order or accept delivery of any new motor vehicle with special features, accessories or equipment not included in the list price of the new motor vehicle as publicly advertised by the manufacturer or distributor;
(c) Unreasonably participate monetarily in any advertising campaign or contest, or purchase any promotional materials, display devices, display decorations, brand signs and dealer identification, nondiagnostic computer equipment and displays, or other materials at the expense of the new motor vehicle dealer;
(d) Enter into any agreement with the manufacturer or distributor or do any other act prejudicial to the new motor vehicle dealer by threatening to terminate a dealer agreement, limit inventory, invoke sales and service warranty or other types of audits or any contractual agreement or understanding existing between the dealer and the manufacturer or distributor. Notice in good faith to any dealer of the dealer's violation of any terms or provisions of the dealer agreement is not a violation of this article;
(e) Change the capital structure of the new motor vehicle dealership or the means by or through which the dealer finances the operation of the dealership if the dealership at all times meets any reasonable capital standards determined by the manufacturer in accordance with uniformly applied criteria;
(f) Refrain from participation in the management of, investment in or the acquisition of any other line of new motor vehicle or related products, provided that the dealer maintains a reasonable line of credit for each make or line of vehicle, remains in compliance with reasonable facilities requirements and makes no change in the principal management of the dealer. Notwithstanding the terms of any franchise agreement, a manufacturer or distributor may not enforce any requirements, including facility requirements, that a new motor vehicle dealer establish or maintain exclusive facilities, personnel or display space, when the requirements are unreasonable considering current economic conditions and are not otherwise justified by reasonable business considerations. The burden of proving that current economic conditions or reasonable business considerations justify exclusive facilities is on the manufacturer or distributor and must be proven by a preponderance of the evidence;
(g) Change the location of the new motor vehicle dealership or make any substantial alterations to the dealership premises, where to do so would be unreasonable; and
(h) Prospectively assent to a release, assignment, novation, waiver or estoppel which would relieve any person from liability imposed by this article or require any controversy between a new motor vehicle dealer and a manufacturer or distributor to be referred to a person other than the duly constituted courts of the state or the United States, if the referral would be binding upon the new motor vehicle dealer.
(2) A manufacturer or distributor may not do any of the following:
(a) Fail to deliver new motor vehicles or new motor vehicle parts or accessories within a reasonable time and in reasonable quantities relative to the new motor vehicle dealer's market area and facilities, unless the failure is caused by acts or occurrences beyond the control of the manufacturer or distributor, or unless the failure results from an order by the new motor vehicle dealer in excess of quantities reasonably and fairly allocated by the manufacturer or distributor. No manufacturer or distributor may penalize a new motor vehicle dealer for an alleged failure to meet sales quotas where the alleged failure is due to actions of the manufacturer or distributor;
(b) Refuse to disclose to a new motor vehicle dealer the method and manner of distribution of new motor vehicles by the manufacturer or distributor, including any numerical calculation or formula used, nationally or within the dealers market, to make the allocations;
(c) Refuse to disclose to a new motor vehicle dealer the total number of new motor vehicles of a given model, which the manufacturer or distributor has sold during the current model year within the dealer's marketing district, zone or region, whichever geographical area is the smallest;
(d) Increase prices of new motor vehicles which the new motor vehicle dealer had ordered and then eventually delivered to the same retail consumer for whom the vehicle was ordered, if the order was made prior to the dealer's receipt of the written official price increase notification. A sales contract signed by a private retail consumer and binding on the dealer is evidence of each order. In the event of manufacturer or distributor price reductions or cash rebates, the amount of any reduction or rebate received by a dealer shall be passed on to the private retail consumer by the dealer. Any price reduction in excess of five dollars shall apply to all vehicles in the dealer's inventory which were subject to the price reduction. A price difference applicable to new model or series motor vehicles at the time of the introduction of the new models or the series is not a price increase or price decrease. This subdivision does not apply to price changes caused by the following:
(i) The addition to a motor vehicle of required or optional equipment pursuant to state or federal law;
(ii) In the case of foreign made vehicles or components, revaluation of the United States dollar; or
(iii) Any increase in transportation charges due to an increase in rates charged by a common carrier and transporters;
(e) Offer any refunds or other types of inducements to any dealer for the purchase of new motor vehicles of a certain line-make to be sold to this state or any political subdivision of this state without making the same offer available upon request to all other new motor vehicle dealers of the same line-make;
(f) Release to an outside party, except under subpoena or in an administrative or judicial proceeding to which the new motor vehicle dealer or the manufacturer or distributor are parties, any business, financial or personal information which has been provided by the dealer to the manufacturer or distributor, unless the new motor vehicle dealer gives his or her written consent;
(g) Deny a new motor vehicle dealer the right to associate with another new motor vehicle dealer for any lawful purpose;
(h) Establish a new motor vehicle dealership which would unfairly compete with a new motor vehicle dealer of the same line-make operating under a dealer agreement with the manufacturer or distributor in the relevant market area. A manufacturer or distributor shall not be considered to be unfairly competing if the manufacturer or distributor is:
(i) Operating a dealership temporarily for a reasonable period.
(ii) Operating a dealership which is for sale at a reasonable price.
(iii) Operating a dealership with another person who has made a significant investment in the dealership and who will acquire full ownership of the dealership under reasonable terms and conditions.
(i) A manufacturer may not, except as provided by this section, directly or indirectly:
(i) Own an interest in a dealer or dealership;
(ii) Operate a dealership; or
(iii) Act in the capacity of a new motor vehicle dealer: Provided, That a manufacturer may own an interest, other than stock in a publicly held company, solely for investment purposes.
(j) A manufacturer or distributor may own an interest in a franchised dealer, or otherwise control a dealership, for a period not to exceed twelve months from the date the manufacturer or distributor acquires the dealership if:
(i) The person from whom the manufacturer or distributor acquired the dealership was a franchised dealer; and
(ii) The dealership is for sale by the manufacturer or distributor at a reasonable price and on reasonable terms and conditions;
(k) The twelve-month period may be extended for an additional twelve months. Notice of any such extension of the original twelve-month period must be given to any dealer of the same line-make whose dealership is located in the same county, or within ~~fifteen~~ twenty air miles of, the dealership owned or controlled by the manufacturer or distributor prior to the expiration of the original twelve-month period. Any dealer receiving the notice may protest the proposed extension within thirty days of receiving notice by bringing a declaratory judgment action in the circuit court for the county in which the new motor vehicle dealer is located to determine whether good cause exists for the extension;
(l) For the purpose of broadening the diversity of its dealer body and enhancing opportunities for qualified persons who are part of a group who have historically been underrepresented in its dealer body, or other qualified persons who lack the resources to purchase a dealership outright, but for no other purpose, a manufacturer or distributor may temporarily own an interest in a dealership if the manufacturer's or distributor's participation in the dealership is in a bona fide relationship with a franchised dealer who:
(i) Has made a significant investment in the dealership, subject to loss;
(ii) Has an ownership interest in the dealership; and
(iii) Operates the dealership under a plan to acquire full ownership of the dealership within a reasonable time and under reasonable terms and conditions;
(m) Unreasonably withhold consent to the sale, transfer or exchange of the dealership to a qualified buyer capable of being licensed as a new motor vehicle dealer in this state;
(n) Fail to respond in writing to a request for consent to a sale, transfer or exchange of a dealership within sixty days after receipt of a written application from the new motor vehicle dealer on the forms generally utilized by the manufacturer or distributor for such purpose and containing the information required therein. Failure to respond to the request within the sixty days is consent;
(o) Unfairly prevent a new motor vehicle dealer from receiving reasonable compensation for the value of the new motor vehicle dealership;
(p) Audit any motor vehicle dealer in this state for warranty parts or warranty service compensation, service compensation, service incentives, rebates or other forms of sales incentive compensation more than twelve months after the claim for payment or reimbursement has been made by the automobile dealer: Provided, That the provisions of this subsection does not apply where a claim is fraudulent. In addition, the manufacturer or distributor is responsible for reimbursing the audited dealer for all copying, postage and administrative costs incurred by the dealer during the audit. Any charges to a dealer as a result of the audit must be separately billed to the dealer;
(q) Unreasonably restrict a dealer's ownership of a dealership through noncompetition covenants, site control, sublease, collateral pledge of lease, right of first refusal, option to purchase or otherwise. A right of first refusal is created when:
(i) A manufacturer has a contractual right of first refusal to acquire the new motor vehicle dealer's assets where the dealer owner receives consideration, terms and conditions that are either the same as or better than those they have already contracted to receive under the proposed change of more than fifty percent of the dealers's ownership.
(ii) The proposed change of the dealership's ownership or the transfer of the new vehicle dealer's assets does not involve the transfer of assets or the transfer or issuance of stock by the dealer or one of the dealer's owners to one of the following:
(A) A designated family member of one or more of the dealer owners;
(B) A manager employed by the dealer in the dealership during the previous five years and who is otherwise qualified as a dealer operator;
(C) A partnership or corporation controlled by a designated family member of one of the dealers;
(D) A trust established or to be established:
(1) For the purpose of allowing the new vehicle dealer to continue to qualify as such under the manufacturer's or distributor's standards; or
(2) To provide for the succession of the franchise agreement to designated family members or qualified management in the event of death or incapacity of the dealer or its principle owner or owners.
(iii) Upon exercising the right of first refusal by a manufacturer, it eliminates any requirement under its dealer agreement or other applicable provision of this statute that the manufacturer evaluate, process or respond to the underlying proposed transfer by approving or rejecting the proposal, is not subject to challenge as a rejection or denial of the proposed transfer by any party.
(iv) Except as otherwise provided in this subsection, the manufacturer or distributor agrees to pay the reasonable expenses, including reasonable out-of-pocket professional fees which shall include, but not be limited to, accounting, legal or appraisal services fees that are incurred by the proposed owner or transferee before the manufacturer's or distributor's exercise of its right of first refusal. Payment of the expenses and fees for professional services are not required if the dealer fails to submit an accounting of those expenses and fees within twenty days of the dealer's receipt of the manufacturer's or distributor's written request for such an accounting. Such a written account of fees and expenses may be requested by a manufacturer or distributor before exercising its right of first refusal;
(r) Except for experimental low-volume not-for-retail sale vehicles, cause warranty and recall repair work to be performed by any entity other than a new motor vehicle dealer;
(s) Make any material change in any franchise agreement without giving the new motor vehicle dealer written notice by certified mail of the change at least sixty days prior to the effective date of the change;
(t) Fail to reimburse a new motor vehicle dealer, at the dealers regular rate, or the full and actual cost of providing a
loaner vehicle to any customer who is having a vehicle serviced at the dealership if the provision of the loaner vehicle is required by the manufacturer;
(u) Compel a new motor vehicle dealer through its finance subsidiaries to agree to unreasonable operating requirements or to directly or indirectly terminate a franchise through the actions of a finance subsidiary of the franchisor. This subsection does not limit the right of a finance subsidiary to engage in business practices in accordance with the usage of trade in retail or wholesale vehicle financing;
(v) Discriminate directly or indirectly between dealers on vehicles of like grade or quantity where the effect of the discrimination would substantially lessen competition; and
(w) Use or employ any performance standard that is not fair and reasonable and based upon accurate and verifiable data made available to the dealer.
(3) A manufacturer or distributor, either directly or through any subsidiary, may not terminate, cancel, fail to renew or discontinue any lease of the new motor vehicle dealer's established place of business except for a material breach of the lease.
(4) Except as may otherwise be provided in this article, no manufacturer or franchisor shall sell, directly or indirectly, any new motor vehicle to a consumer in this state, except through a new motor vehicle dealer holding a franchise for the line-make covering such new motor vehicle. This subsection shall not apply to manufacturer or franchisor sales of new motor vehicles to charitable organizations, qualified vendors or employees of the manufacturer or franchisor.
(5) Except when prevented by an act of God, labor strike, transportation disruption outside the control of the manufacturer or time of war, a manufacturer or distributor may not refuse or fail to deliver, in reasonable quantities and within a reasonable time, to a dealer having a franchise agreement for the retail sale of any motor vehicle sold or distributed by the manufacturer, any new motor vehicle or parts or accessories to new motor vehicles as are covered by the franchise if the vehicles, parts and accessories are publicly advertised as being available for delivery or are actually being delivered. All models offered for sale by the manufacturer, without any enrollment, surcharge, unreasonable facility or building or any other unreasonable type of upgrade requirement or acquisition fee, shall be available to the franchised dealer at no additional cost for that particular model of vehicle.
§17A-6A-12. Establishment and relocation or establishment of additional dealers.

(1) As used in this section, "relocate" and "relocation" do not include the relocation of a new motor vehicle dealer within ~~two~~ four miles of its established place of business or an existing new motor vehicle dealer sells or transfers the dealership to a new owner and the successor new motor vehicle dealership owner relocates to a location within four miles of the seller's last open new motor vehicle dealership location. The relocation of a new motor vehicle dealer to a site within the area of sales responsibility assigned to that dealer by the manufacturing branch or distributor may not be within six air miles of another dealer of the same line-make.
(2)Before a manufacturer or distributor enters into a dealer agreement establishing or relocating a new motor vehicle dealer within a relevant market area where the same line-make is represented, the manufacturer or distributor shall give written notice to each new motor vehicle dealer of the same line-make in the relevant market area of its intention to establish an additional dealer or to relocate an existing dealer within that relevant market area.
(3) Within sixty days after receiving the notice provided ~~for~~ in subsection (two) of this section, or within sixty days after the end of any appeal procedure provided by the manufacturer or distributor, a new motor vehicle dealer of the same line-make within the affected ~~relative~~ relevant market area may bring a declaratory judgment action in the circuit court for the county in which the new motor vehicle dealer is located to determine whether good cause exists for the establishing or relocating of a the proposed new motor vehicle dealer: Provided, That a new motor vehicle dealer of the same line-make within the affected relevant market area shall not be permitted to bring such an action if the proposed relocation site would be further from the location of the new motor vehicle dealer of the same line-make than the location from which the dealership is being moved. Once an action has been filed, the manufacturer or distributor may not establish or relocate the proposed new motor vehicle dealer until the circuit court has rendered a decision on the matter. An action brought pursuant to this section shall be given precedence over all other civil matters on the court's docket. The manufacturer has the burden of proving that good cause exists for establishing or relocating a proposed new motor vehicle dealer.
(4) This section does not apply to the reopening in a relevant market area of a new motor vehicle dealer that has been closed or sold within the preceding two years if the established place of business of the new motor vehicle dealer is within ~~two~~ four miles of the established place of business of the closed or sold new motor vehicle dealer.
(5) In determining whether good cause exists for establishing or relocating an additional new motor vehicle dealer for the same line-make, the court shall take into consideration the existing circumstances, including, but not limited to, the following:
(a) Permanency and amount of the investment, including any obligations incurred by the dealer in making the investment;
(b) Effect on the retail new motor vehicle business and the consuming public in the relevant market area;
(c) Whether it is injurious or beneficial to the public welfare;
(d) Whether the new motor vehicle dealers of the same line- make in the relevant market area are providing adequate competition and convenient consumer care for the motor vehicles of that line- make in the market area, including the adequacy of motor vehicle sales and qualified service personnel;
(e) Whether the establishment or relocation of the new motor vehicle dealer would promote competition;
(f) Growth or decline of the population and the number of new motor vehicle registrations in the relevant market area; and
(g) The effect on the relocating dealer of a denial of its relocation into the relevant market area.
The bill, as just amended, was again ordered to engrossment and third reading.
Engrossed Committee Substitute for Senate Bill No. 601 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, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 601) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 601--A Bill to amend and reenact § 17A -6A-3, §17-6A-10 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.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 601) 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. 638, Establishing requirements for college and work readiness credentials.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 638) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No 638) 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. 643, Relating to insurance laws violations investigations.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 643) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 657, Requiring State Board of Education incorporate 21st Century Skills Initiative into certain standards.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 657) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2007.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 657) 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. 658, Relating to stalking offense.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 658) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 675, Limiting arrest powers for day report officers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 675) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 675) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 706, Limiting expungement of certain criminal records.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 706) 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. 709, Authorizing circuit courts grant custodial and noncustodial improvement periods to certain juveniles.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 709) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 745, Relating to selling and serving beverages in public schools.
On third 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 ninth order of business.
Com. Sub. for Senate Bill No. 55, Updating mortality tables used in life estate valuation.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 64, Expanding Route 2 and Interstate 68 Authority territory.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 82, Creating Eyewitness Identification Reform Act.
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. 84, Allowing county boards of education enter into lease-purchase agreement for land, buildings and equipment.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Com. Sub. for Com. Sub. for Senate Bill No. 100, Requiring local school boards reimburse mileage to school service personnel using own vehicle.
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. 185, Creating Tobacco Settlement Finance Authority.
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. 201, Relating to payment of certain costs in worthless check cases.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 203, Creating Purchasing Improvement Fund.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 278, Authorizing Department of Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 361, Establishing work programs for qualified inmates.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 406, Including qualified continuing care retirement communities under Tax Limitations Amendment provisions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 441, Relating to wind power projects tax treatment.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page twenty-two, section two-p, line fifty-seven, by striking out the word "January" and inserting in lieu thereof the word "March".
The bill (S. B. No. 441), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 452, Creating WV Kids First Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On pages five and six, section three, by striking out all of subsection (b) and inserting in lieu thereof a new subsection (b), to read as follows:
(b) West Virginia Kids First shall be governed by a West Virginia Kids First Board consisting of fifteen total members, which include both ex officio and appointed members.
(1) The following shall serve as the ex officio members:
(A) The Governor, or his or her designee, who shall serve as chair;
(B) The Secretary of the Department of Health and Human Resources, or his or her designee;
(C) The State Superintendent of Schools, or his or her designee;
(D) The Chancellor for Higher Education, or his or her designee;
(E) The Chancellor of Community and Technical College Education, or his or her designee;
(F) The West Virginia Head Start State Collaboration Director; and
(G) The Secretary of Commerce, or his or her designee; and
(2) The Governor shall appoint the following additional members to the board, by and with the advice and consent of the Senate:
(A) A former member of the West Virginia Legislature with an appropriate level of knowledge about early childhood development;
(B) A representative of a nationally accredited early childhood development program operating in West Virginia;
(C) A person experienced in business management, finance and economic development;
(D) A representative of a not-for-profit organization with expertise in early childhood development policy;
(E) A person with expertise in the area of early childhood development, who may be a nonresident of the state;
(F) A member of the Partners Implementing an Early Care and Education System (PIECES) Advisory Council who is not an employee of the state; and
(G) Two lay citizens.;
And,
On page seven, section three, line fifty-one, by striking out the word "Seven" and inserting in lieu thereof the word "Eight".
The bill (Com. Sub. for Com. Sub. for S. B. No. 452), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 475, Allowing appellant file stay with Board of Zoning Appeals.
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. 518, Conforming WV Works Program with federal law requirements.
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. 524, Requiring proof of lawful disposal of solid waste.
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. 529, Prohibiting requirement that sexual offense victims pay costs of forensic examination.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 561, Removing exemption for certain salvage yards from screening provisions.
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. 599, Eliminating early resignation notification bonus for certain teachers.
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. 610, Relating to electronic voting systems generally.
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. 612, Increasing criminal penalties for violations of certain hunting and fishing laws by nonresidents.
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. 617, Requiring voter history on statewide registration system.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 626, Relating to child advocacy centers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 631, Providing refundable exemption for certain contractor purchases.
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. 654, Reconstituting Hatfield-McCoy Regional Recreation Authority governing board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 679, Relating to Water Resource Protection and Management Act.
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. 681, Relating to WV Capital Company Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 704, Establishing certain criminal penalties relating to nonprofit corporations' crimes.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 707, Increasing jail processing fee amount.
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. 712, Relating to wine regulations.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary.
Com. Sub. for Senate Bill No. 721, Relating to tax map sales.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 746, Requiring Director of Division of Personnel report on centralized personnel system.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 747, Creating Municipal Home Rule Pilot Program.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Bowman, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 748, Relating to structuring Electronic Telecommunication Open Infrastructure Act.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Unger, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
O n page nineteen, section three, line fifty-eight, after the word "access." by striking out the remainder of the subdivision;
On page twenty-one, section three, after line one hundred eight, by adding a new subdivision, designated subdivision (8), to read as follows:
(8) At the same time, however, progress by market forces and industry should be respected, and governmental assistance and funding should be focused on areas and persons remaining unserved, and not displace accessible and generally competitively priced broadband services in areas already served or where industry is expected to offer accessible and generally competitively priced broadband services by the end of the next following calendar year.;
On page twenty-two, section four, line six, by striking out the word "three" and inserting in lieu thereof the word "two";
On page twenty-two, section four, line eight, by striking out the word "three" and inserting in lieu thereof the word "two";
On page thirty-two, section eight, line forty-three, by striking out the word "four" and inserting in lieu thereof the word "nine";
On page thirty-two, section eight, line fifty-eight, by striking out the word "five" and inserting in lieu thereof the word "ten";
On page thirty-six, section nine, after line twenty-nine, by inserting two new subsections, designated subsections (e) and (f), to read as follows:
(e) Trade secrets or proprietary information obtained by the Governor's Chief Technology Officer from broadband providers and other persons or entities through activities related to surveying and mapping broadband access in West Virginia shall be secured and safeguarded by the state. Such information or data shall not be disclosed to the public or to any firm, individual or agency other than officials or authorized employees of this state. Any person who makes any unauthorized disclosure of such confidential information or data is guilty of a misdemeanor and, upon conviction thereof, may be fined not more than five thousand dollars or confined in a correctional facility for not more than one year, or both.
(f) The official charged with securing and safeguarding trade secrets and proprietary data is the Governor's Chief Technology Officer, within the Department of Administration, who is authorized to establish and direct appropriate security measures. The Governor shall designate two additional persons to share the responsibility of securing trade secrets or proprietary information. No one will be allowed access without written approval of a minimum of two of the three authorized persons specified above.;
And,
On page forty-four, section thirteen, after line eighteen, by adding a new subsection, designated subsection (c), to read as follows:
(c) The powers and authority granted by this article, however, should be focused on technical and funding assistance in those areas remaining unserved, and not displace accessible and generally competitively priced broadband services or where industry is expected to offer accessible and generally competitively priced broadband services by the end of the next following calendar year.
The bill (S. B. No. 748), as amended, was then ordered to engrossment and third reading.
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 Com. Sub. for Senate Bill No. 95, Relating to requiring county boards of education make available certain training to teachers' aides.
Com. Sub. for Senate Bill No. 165, Creating funding program for certain schools instituting school uniform policies.
Senate Bill No. 510, Allowing State Board of Education members participate in public employees insurance program.
Senate Bill No. 526, Relating to political activities of deputy sheriffs and municipal police officers.
Com. Sub. for Com. Sub. for Senate Bill No. 541, Relating to public school finance.
Senate Bill No. 550, Eliminating bond requirement for person authorized to perform marriages.
Com. Sub. for Senate Bill No. 606, Distributing application for absentee voting by electronic mail.
Com. Sub. for Senate Bill No. 607, Providing elected political party executive committee members' term of office.
Senate Bill No. 608, Disclosing employers in default of unemployment compensation payments.
Senate Bill No. 616, Relating to election ballots.
Senate Bill No. 618, Relating to filing requirements for write-in candidates.
Com. Sub. for Senate Bill No. 619, Relating to election day procedures and preparation.
Com. Sub. for Com. Sub. for Senate Bill No. 650, Relating to school bus transportation schedules.
Senate Bill No. 708, Modifying registration requirements of charities.
And,
Com. Sub. for Senate Bill No. 713, Relating to campaign finance filings.
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. 509, Regulating all-terrain vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 509 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17F-1-1 and §17F-1-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §17F-1-10 and §17F-1-11, all relating to the regulation of all- terrain vehicles; defining terms; prohibiting operation on paved roads or highways; prohibiting operation with a passenger unless allowed under manufacturers' specifications; providing for regulation of all-terrain vehicles by local government authorities; authorizing all-terrain vehicle incident forms; reporting requirements for all-terrain vehicle incidents; and exempting the Hatfield-McCoy Trail.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 509) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 6 p.m. today.
Upon expiration of the recess, the Senate reconvened and resumed business under the fourth order.
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. 129, Authorizing PEIA to transfer excess reserve funds to Retiree Health Benefit Trust Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 129 (originating in the Committee on Finance)--A Bill to amend and reenact §5-16d-1 and §5- 16d-6 of the Code of West Virginia, 1931, as amended, ALL relating to the allocation by the Public Employees Insurance Agency Finance Board of employer contributions to the West Virginia Retiree Health Benefit Trust Fund.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 129) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 189, Creating WV Marriage and Family Therapy Board of Examiners.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 189 (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 §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30- 41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41- 12, §30-41-13, §30-41-14, §30-41-15, §30-41-16, §30-41-17, §30-41- 18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23, §30-41- 24 and §30-41-25, all relating to regulating the practice of marriage and family therapy; legislative findings; definitions; creating the Marriage and Family Therapy Board of Examiners; powers and duties of the board; license and temporary permit requirements; exemptions; scope of practice; hearing and notice requirements; providing a civil cause of action; criminal penalties; and continuation of the board.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 189) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 337 (originating in the Committee on Energy, Industry and Mining), Establishing greenhouse gases inventory program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 337 (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 §22-5-19, relating to the establishment of a program to inventory emissions, reductions and carbon sequestrations of greenhouse gases; creating a voluntary registry for the reporting of voluntary reductions of greenhouse gas emissions if the reductions are made before they are required by law; clarifying that certain industries are exempt from reporting; providing public recognition of voluntary reduction or avoidance of greenhouse gases; providing definitions; and providing consideration of the reductions under future federal greenhouse gas emission reduction programs.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 337) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 371, Exempting certain professional services from consumers sales and service tax.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 22, 2007;
And reports the same back with the recommendation that it do pass, as amended.
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. 392, Assessing value of livestock killed by bears.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (S. B. No. 392) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 393 (originating in the Committee on Government Organization), Creating Marketing and Communications Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 393 (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 §5B-1-1a, relating to creating the Marketing and Communications Office to be administered by the Department of Commerce to provide marketing and communication and goods and service to other state agencies; setting fees; creating a special revenue account providing for expenditure of funds; and providing sunset provisions.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 393) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 474, Relating to certain medicine, podiatry and physician assistant license suspensions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 474 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-3-12 and §30-3-16 of the Code of West Virginia, 1931, as amended, all relating to licenses to practice medicine and surgery, podiatry and to work as a physician assistant; requiring licenses to automatically expire if required continuing education is not timely documented to the Board of Medicine; specifying requirements for reinstatement of license; and criminal penalties.
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,
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 second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 474) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 574, Transferring Weston State Hospital Institutional Farm to Department of Health and Human Resources.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2007;
And,
Com. Sub. for Senate Bill No. 738, Requiring WV Parkways, Economic Development and Tourism Authority present proposed toll revision to Joint Committee on Government and Finance.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 23, 2007;
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. 577, Prohibiting certain teachers and school officials from having pecuniary interest in certain contracts.
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 the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 577) 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 the Judiciary, with an amendment from the Committee on Education 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. 595, Revising workers' compensation statutes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 595 (originating in the Committee on the Judiciary)-- A Bill to amend and reenact §23-1-1 and §23-1-1f of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2-9 of said code; to amend and reenact §23- 2C-3, §23-2C-8, §23-2C-15, §23-2C-18 and §23-2C-19 of said code; to amend said code by adding thereto a new section, designated §23-2C- 18a; and to amend and reenact §23-5-9 of said code, all relating to the transition to a private workers' compensation insurance system; expressing legislative intent; permitting the Insurance Commissioner to hire additional exempt employees; exempting the Insurance Commissioner from purchasing rules in some circumstances; changing requirements for approval of self-insured status and for reports from self-insured employers; making various technical changes necessitated by the transition to a private workers' compensation insurance system; reducing frequency of certain payments from self-insured employers and private carriers; authorizing the Insurance Commissioner to assess self-insured employers for certain funds; making certain assessments against self-insured employers discretionary with the Insurance Commissioner; clarifying how disputes related to claims against the Uninsured Employer Fund are resolved; increasing time that employers must report certain changes in coverage to the Insurance Commissioner; authorizing the Insurance Commissioner to promulgate exempt legislative rules; revising rate-making process; defining terms; providing for the designation of a single rating organization; deleting provisions regarding private carrier premium collection; requiring agencies to terminate or revoke licenses, permits or certifications of employers in default to the state; clarifying persons subject to certain liens; providing for stay of award pending appeal; and removing requirement that the record of proceedings before the office of judges include certain documents.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 595) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 614, Exempting certain preschool programs from day care center licensure.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
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. 621, Standardizing preferred drug lists and formularies.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 621) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time and ordered to second reading.
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. 672, Including boat retailers in special method for appraising dealer vehicle inventory.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 672 (originating in the Committee on Finance)--A Bill to amend and reenact §11-6C-1 and §11-6C-2 of the Code of West Virginia, 1931, as amended, all relating to including dealer boat inventory and rental car inventory in the special method for appraising dealer vehicle inventory; and providing the method for determining the market value of rental cars held in dealer vehicle inventory.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 672) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 678 (originating in the Committee on Energy, Industry and Mining), 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 Com. Sub. for Senate Bill No. 678 (originating in the Committee on Finance)--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 on new wells; and specifying that coalbed methane from new wells 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 for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 678) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 712 (originating in the Committee on the Judiciary), Relating to wine regulations.
And reports back a revised committee substitute for same with the following title:
Rev. 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 revised committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Rev. Com. Sub. for S. B. No. 712) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 742, Exempting airplanes from personal property tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 742 (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 §11- 5-15, relating to exempting certain airplanes from the personal property tax.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick requested unanimous consent that the bill (Com. Sub. for S. B. No. 742) contained in the preceding report from the Committee on Finance be taken up for immediate consideration.
Which consent was not granted, Senator Unger objecting.
On motion of Senator Helmick, the bill (Com. Sub. for S. B. No. 742) was taken up for immediate consideration, read a first time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Senate Bill No. 686 (Prohibiting discrimination based upon age or sexual orientation).
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 27, 2007, at 11 a.m.
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