WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2007

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, March 2, 2007

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Paul J. Wharton, St. Anthony's Shrine, Boomer, West Virginia, and Immaculate Conception Catholic Church, Montgomery, West Virginia.
Pending the reading of the Journal of Thursday, March 1, 2007,
On motion of Senator Hunter, 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 Family Protection Services Board, submitting its annual report, in accordance with chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
Which communication and report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of the Insurance Commissioner, submitting its report on insurance rates and availability after eliminating third-party causes of action as required by chapter thirty-three, article two, section fifteen-d 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 171, Continuing Board of Accountancy.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 172, Continuing Board of Respiratory Care Practitioners.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 186, Continuing Board of Embalmers and Funeral Directors.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 190, Continuing Board of Examiners of Psychologists.
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. 55--Requesting the Joint Committee on Government and Finance to undertake a study of alternative processes to ensure the viability of smaller water and sewer utilities in the state and to ensure the protection of customers of such utilities in the event they become or will become unable to furnish and maintain adequate, efficient, safe and reasonable services and facilities for those customers.
Whereas, The West Virginia citizens who are dependent on water and sewer services are entitled to the delivery of those services in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, Many of the citizens of this state rely as customers on the water and sewer services provided by relatively smaller public utilities; and
Whereas, Many if not all of those smaller public utilities deliver water and sewer services to their customers in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, Nevertheless, it would be prudent to have in place a process for ensuring the continuance of such service to those customers in the event the public utility should become unable to provide those services in a safe, adequate and efficient manner at a reasonable cost; and
Whereas, House Bill No. 3210 was introduced during the 2007 Regular Session of the Legislature which proposed new law for the acquisition of smaller water and sewer utilities in the event of their failure; and
Whereas, Before consideration of this legislation, a study of the proposals made by House Bill 3210, as well as alternative proposals for ensuring the protection of the customers of smaller water and sewer utilities, would provide a more informed basis for any action the Legislature may deem necessary to ensure the safe, adequate and efficient delivery of water and sewer services at a reasonable cost to customers of smaller water and sewer utilities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to undertake a study of alternative processes to ensure the viability of smaller water and sewer utilities in the state and to ensure the protection of customers of such utilities in the event they become or will become unable to furnish and maintain adequate, efficient, safe and reasonable services and facilities for those customers; and, be it
Further Resolved, That the Joint Committee on Government and Finance obtain the testimony of acknowledged experts and others, as well as all records, that it deems necessary to complete a thorough study of these issues and matters ancillary thereto; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the 2008 Regular Session of the Legislature 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 all reports and draft legislation be paid from the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
Executive Communications

The Clerk then presented communications from His Excellency, the Governor, advising that on February 28, 2007, he had approved Enr. Senate Bill No. 142, Enr. Senate Bill No. 205, Enr. Senate Bill No. 360, Enr. House Bill No. 2285 and Enr. Committee Substitute for House Bill No. 2314.
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 1st day of March, 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. 2791), Relating to penalties for violating peace bonds.
And,
(H. B. No. 2917), Repealing the requirement in the Consumers Sales and Service Tax and the Personal Income Tax that require the accelerated payment of those taxes in the month of June.
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
Eng. House Joint Resolution No. 14, "The Active Duty Armed Services Motor Vehicle Property Tax Amendment".
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2189, Relating to substitute service personnel seniority.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 2349, Continuing the Board of Registration for Sanitarians.
And,
Eng. House Bill No. 2574, Continuing the Board of Social Work Examiners.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 2568, Extending the sunset provision regarding racial profiling analysis.
And has amended same.
Eng. House Bill No. 2586, Continuing the Board of Veterinary Medicine.
And has amended same.
Eng. House Bill No. 2587, Continuing the Board of Optometry.
And has amended same.
And,
Eng. House Bill No. 3117, Clarifying that contractors must have a state contractors license in order to submit a bid with the State of West Virginia.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2588, Reimbursing tuition and fees for courses for the renewal of teaching certificates.
And,
Eng. Com. Sub. for House Bill No. 2796, Reducing federal adjusted gross income for contributions to public institutions of higher education.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. House Bill No. 2712, Regarding whether a bank's application to establish a branch presents a significant supervisory concern or significant legal or policy issue.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
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
Eng. Com. Sub. for House Bill No. 2741, Relating to worthless checks.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 2776, Relating to the West Virginia Residential Mortgage Lender, Broker and Servicer Act.
And has amended same.
And,
Eng. House Bill No. 3073, Relating to prohibiting financial institutions from establishing or maintaining a branch in West Virginia on, or within one and one-half miles of, the premises or property of an affiliate, under certain circumstances.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 2940, Increasing the age of dependents for health insurance coverage.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Banking and Insurance pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2973, Declaring certain claims against the state to be moral obligations of the state and directing the Auditor to issue warrants for the payment thereof.
Eng. House Bill No. 2988, Relating to the West Virginia Tax Procedure and Administration Act.
And,
Eng. House Bill No. 2990, Making technical corrections to assure the proper collection of offset fees.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. House Bill No. 2991, Authorizing the Tax Commissioner to conduct criminal record checks of prospective employees of the Tax Division.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. Com. Sub. for House Bill 3145, West Virginia Film Industry Investment Act.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
House Concurrent Resolution No. 35, Requesting the Joint Committee on Pensions and Retirement study the effects of the contested merger between the Teachers' Defined Contribution Retirement System and the State Teachers Retirement System.
And has amended same.
And reports the same back with the recommendation that it be adopted, as amended; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Senators Hunter, Stollings, Plymale, Unger and Foster offered the following resolution:
Senate Concurrent Resolution No. 53--Requesting the Joint Committee on Government and Finance study creating a program to prepare military veterans for careers in construction project scheduling.
Whereas, Construction project scheduling is not offered in colleges or universities as a major or minor discipline, but is limited in scope as part of a major course of study, such as engineering; and
Whereas, Due to a lack of formalized training, schedulers are difficult to obtain and many major construction companies must develop their own project schedulers; and
Whereas, With four to six weeks of training, a construction project scheduler can earn a salary of approximately $40,000 per year, with significant increases after several years' experience in today's market; and
Whereas, The first step in creating such a program would be to develop a facility that recruits and evaluates veterans who express an interest in becoming a project scheduler; to identify viable candidates; to formally school them in the most universally accepted project management software available, such as Primavera Project Manager; and to provide additional and specialized training to acquaint veterans with general construction terms and techniques; and
Whereas, Upon completion of this training, veterans would be issued a laptop computer loaded with the necessary software and given a living allowance until receipt of several paychecks; and
Whereas, Veterans' services would then be offered to firms and facilities while remaining in close contact with the veteran's training facility, which would provide veterans with support during the first several months of their new employment; and
Whereas, With the right presentation, such companies might be willing to seize the opportunity to help veterans by financing training and providing employment in order to bolster their public image; and
Whereas, West Virginia construction firms would, no doubt, be willing to assist in the training and placement of veterans as project schedulers; and
Whereas, Primavera Systems is already willing to negotiate training and software prices for marketing considerations; and
Whereas, Providing veterans, with priority to wounded veterans, with the training necessary to become construction project schedulers would represent an opportunity to provide good- paying jobs for veterans while becoming a much-needed project- scheduler resource for the construction industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study creating a program to prepare military veterans for careers in construction project scheduling; 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 Chafin, Unger, Foster and McCabe offered the following resolution:
Senate Concurrent Resolution No. 54--Requesting the Joint Committee on Government and Finance study developing statutes and rules to provide for sequestration of greenhouse gases.
Whereas, Legislative action regarding the regulation of greenhouse gas emissions from fossil fuels are a source of debate at the federal level; and
Whereas, Regulation concerning sequestration of any greenhouse gases will be the responsibility of the states; and
Whereas, West Virginia statutes and rules do not comprehensively address sequestration of greenhouse gases; and
Whereas, The viability of new energy projects within the state require assurances to investors on the impact of such statutes and rules; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study developing statutes and rules to provide for sequestration of greenhouse gases; and, be it
Further Resolved, That the study identify legislative options for the state to create an environment which produces a competitive advantage for West Virginia in attracting new fossil fuel projects through comprehensive greenhouse gas sequestration statutes and rules; and, be it
Further Resolved, That the study include physical and regulatory analogies for regulatory oversight and management of liability created by sequestration of greenhouse gases; and, be it
Further Resolved, That the study clarify equitable mechanisms for the compensation of mineral owners for greenhouse gases sequestration and those sequestering for incremental mineral production; and, be it
Further Resolved, That the study identify the legislative parameters that should be imposed on predictive models and monitoring of sequestered greenhouse gases; and, be it
Further Resolved, That the study identify means by which regulatory compliance can limit liability; and, be it
Further Resolved, That the study describe options for statute of limitations for greenhouse gases that might be sequestered through multiple generations; and, be it
Further Resolved, That the study clarify the ownership of the pore spaces in mineral deposits once natural gas and/or petroleum have been recovered, as well as the ownership of sequestered greenhouse gases; and, be it
Further Resolved, That the study clarify the role of the Underground Injection Control Program in greenhouse gas sequestration; 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 Green, Bailey, Tomblin (Mr. President), Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 41--Memorializing the life of the Honorable Daniel Grove Moler, former member of the West Virginia Senate, prosecuting attorney, city attorney and distinguished West Virginian.
Whereas, Daniel Grove Moler was born in Shepherdstown, Jefferson County, December 16, 1908; and
Whereas, Daniel Grove Moler earned bachelor's degrees from Shepherd College and West Virginia University. He graduated from the West Virginia University College of Law in 1931; and
Whereas, Daniel Grove Moler was admitted to the practice of law in all state and federal courts in West Virginia, Virginia, the United States District Court and the Supreme Court of the United States; and
Whereas, Daniel Grove Moler was a member of the West Virginia Bar and the West Virginia Trial Lawyers Association. He served as a member of the Board of Governors of the West Virginia Bar. He was named a West Virginia Bar Foundation Fellow, an honor that recognizes lawyers whose professional, public and private careers have demonstrated outstanding dedication to the welfare of the communities and honorable service to the legal profession; and
Whereas, Daniel Grove Moler was married June 29, 1932, to Katherine Watson Hirst; and
Whereas, In 1933, Daniel Grove Moler served as an administrative assistant to Representative Jennings Randolph in the United States House of Representatives. Daniel Grove Moler also served as Secretary of the Farm Debt Adjustment Council; and
Whereas, The Honorable Daniel Grove Moler was elected to the West Virginia Senate from the fifteenth senatorial district in 1936 and served until 1941; and
Whereas, During his tenure in the Senate, the Honorable Daniel Grove Moler served as a member of numerous committees, including Chairman of the Committee on Privileges and Election, the Committee on the Penitentiary, the Committee on the Militia, the Committee on the Judiciary, the Committee on Insurance and the Committee on Medicine and Sanitation; and
Whereas, In 1941, the Honorable Daniel Grove Moler moved to Mullens, Wyoming County, where he practiced law; and
Whereas, The Honorable Daniel Grove Moler was appointed Prosecuting Attorney of Wyoming County in 1961 and was continually reelected until 1973; and
Whereas, The Honorable Daniel Grove Moler also served as City Attorney for the City of Mullens for over 38 years. He was also a former member of the Workman's Compensation Appeal Board; and
Whereas, The Honorable Daniel Grove Moler was a fervent supporter of local libraries and of the Southern West Virginia Community and Technical College. The library in the college's Wyoming County Campus bears his name and the name of this late wife, Katherine; and
Whereas, The Honorable Daniel Grove Moler was a proud and distinguished member of the Mullens Episcopal Church. In 2001, the church was destroyed in a flood and he was instrumental in both funding and overseeing the rebuilding of his beloved church; and
Whereas, In October 2003, the Honorable Daniel Grove Moler retired from the practice of law after 72 years. He relocated to North Carolina; and
Whereas, Sadly, the Honorable Daniel Grove Moler passed away on May 19, 2005, at the age of 96; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Daniel Grove Moler, former member of the West Virginia Senate, prosecuting attorney, city attorney and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere sympathy to the family and friends of the Honorable Daniel Grove Moler; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Daniel Grove Moler and to the law firm he founded, Moler and Staton, L.C.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Concurrent Resolution No. 55 (originating in the Committee on Government Organization)--Requesting the Joint Committee on Government and Finance study authorizing municipalities means to satisfy liens on unpaid municipal fees, including fees on uninhabitable and/or abandoned structures.
Whereas, A municipality currently has the authority to send letters to a property owner, condemn the property and/or put a lien on property for unpaid fees, however a municipality does not have the means to satisfy the lien; and
Whereas, Uninhabited and abandoned properties not only have negative aesthetic qualities, but they may be hazardous to the surrounding community; and
Whereas, The municipality may condemn and demolish the property, but it cannot obtain reimbursement for the demolition costs; and
Whereas, Allowing a municipality to sell the property to satisfy the lien and retain some of the money from the sale may be a means to help the municipality; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study authorizing municipalities means to satisfy liens on unpaid municipal fees, including fees on uninhabitable and/or abandoned structures; 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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the resolution (S. C. R. No. 55) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration.
On motion of Senator Bowman, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 56 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study current law and practice of mass tort litigation related to exposure to asbestos and silica.
Whereas, Asbestos is a mineral that was used extensively in industrial applications, especially during the period from 1940 through the 1970s; and
Whereas, Silica is a naturally occurring mineral used in the production of glass, ceramics and buildings materials; and
Whereas, It has been indisputably determined that exposure to asbestos and silica can lead to deteriorating health and sometimes death; and
Whereas, Thousands of West Virginians have been exposed to asbestos and silica over the years; and
Whereas, A significant number of lawsuits have been filed in West Virginia and elsewhere, sometimes with hundreds, even thousands, of litigants; and
Whereas, The aforementioned lawsuits have exposed certain businesses to significant monetary liability; and
Whereas, Controversy has arisen in the areas of compensable injury, medical standards of disability degree of impairment and other areas which may be amenable to fair resolution through legislation; and
Whereas, It is inherently the duty of the Legislature to protect the legal rights of individuals and corporate citizens alike; and
Whereas, It is also the duty of the Legislature to do what is in its power to ensure its citizens' access to the courts; and
Whereas, The amount of litigation has put strain on the state's judicial system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study current law and practice of mass tort litigation related to exposure to asbestos and silica; 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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the resolution (S. C. R. No. 56) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Kessler, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 57 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study intrastate natural and methane gas pipeline capacity in the State of West Virginia.
Whereas, West Virginia has a number of small natural and coalbed methane gas producers which, for purposes of this resolution, are defined to include any natural gas producers and coalbed methane producers with an average production of 100,000 cubic feet of natural or methane gas or less per day within a pipeline; and
Whereas, Concern has been raised concerning the availability of intrastate pipeline capacity to transport natural and coalbed methane gas produced within the State of West Virginia by small producers; and
Whereas, The Legislature wishes to assure the availability of adequate pipeline capacity to transport such natural and methane gas and that such natural and methane gas is transported consisted with the protection of the environment and the husbandry of the state's natural resources; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study intrastate natural and methane gas pipeline capacity in the State of West Virginia; and, be it
Further Resolved, That the Public Energy Authority shall design and conduct, or contract to have conducted, a comprehensive study of the availability of intrastate pipeline to transport natural and methane gas produced by small natural and coalbed methane gas producers in the state and report to the Joint Committee on Government and Finance on or before December 31, 2007; and, be it
Further Resolved, That if the Public Energy Authority concludes that insufficient pipeline capacity currently exists, the authority is directed to include in its report to the Joint Committee on Government and Finance on or before December 31, 2007, detailed recommendations as to how to remedy that insufficiency and assure the availability of adequate pipeline capacity at a reasonable cost, including, without limitation, ways in which the authority can assist in the development of such capacity using the powers granted to it under chapter five-d of the Code of West Virginia, 1931, as amended; and, be it
Further Resolved, That the Public Energy Authority prepare and submit a request to the Joint Committee on Government and Finance setting forth the amount of any funds in addition to the current amounts appropriated to the Public Energy Authority which are necessary to carry out the study required herein and a specific proposal for the needed additional funds; 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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the resolution (S. C. R. No. 57) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Kessler, the resolution was referred to the Committee on Rules.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 58 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance study methods to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing undergraduate education.
Whereas, Data collected from PROMISE scholars indicates that a majority of these individuals plan to live and work in states other than West Virginia after graduation; and
Whereas, Recipients of the PROMISE scholarship have much to contribute to the social, economic and cultural well-being of the state; and
Whereas, It is the desire of the Legislature to provide an incentive for these students to remain in West Virginia at the end of their undergraduate careers; and
Whereas, It is also the desire of the Legislature to provide a mechanism whereby PROMISE scholars may repay all or part of their loan by rendering service to the state and its citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methods to encourage recipients of the PROMISE scholarship to remain in West Virginia after completing undergraduate education; and, be it
Further Resolved, That the Joint Committee on Government and Finance consider in its study the feasibility and desirability of operating the PROMISE scholarship program as a loan program with provisions for loan forgiveness for graduates who live and work in West Virginia; 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.
Senate Concurrent Resolution No. 59 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance study methods to provide academic support and financial incentives to encourage adults without high school diplomas to pass the General Education Development (GED) test and enroll in post-secondary education.
Whereas, Improving the level of adult literacy and increasing the number of college degrees earned significantly increases the competitiveness of a state's workforce and the availability of professional expertise; and
Whereas, West Virginia ranks 49th in the number of adults who demonstrate higher level literacy skills. Twenty percent of the adult population are low-level readers who have difficulty reading beyond a fourth-grade level; and
Whereas, Eighty percent of the new jobs in the knowledge economy not only demand a high school diploma or its equivalent, but also require some post-secondary education; and
Whereas, A viable route for working-age adults to enter post- secondary education is to pass the General Education Development (GED) test and receive the High School Equivalency Diploma; and
Whereas, West Virginia ranks above the national average in High School Equivalency Diplomas awarded as a percentage of all high school completers; and
Whereas, West Virginia ranks 50th in preparation for jobs in the new economy and the number of working-age adults enrolled in college-level education or training in West Virginia has decreased by 26 percent, which is one of steepest declines in the nation; and
Whereas, Nationally, 38 percent of students who initially enroll in community colleges are economically disadvantaged; and
Whereas, College costs have grown faster than inflation for 20 years, making affordability an ever-growing worry for students, families and policymakers; and
Whereas, West Virginia ranks well below the national average on the percentage of undergraduates over the age of 24 who attend community and technical colleges or are enrolled part time; and
Whereas, Programs such as the Middle College Initiative, a collaborative effort between Adult Basic Education (ABE) and community and technical colleges, provides a successful model for transition to post-secondary education for adults who receive the High School Equivalency Diploma; and
Whereas, The Higher Education Adult Part-Time Student (HEAPS) Grant Program is designed to aid adults who attend college part time, but currently does not provide sufficient financial support for the majority of adult students; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study methods to provide academic support and financial incentives to encourage adults without high school diplomas to pass the General Education Development (GED) test and enroll in post-secondary education; 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.
Senate Concurrent Resolution No. 60 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance study the role of principals in public schools of the state.
Whereas, School principals are held accountable by state law for the administrative and instructional supervision of the public school or schools to which they are assigned, including the planning, management, operation and evaluation of the total education program; and
Whereas, The role of principals in assignment, promotion, transfer and dismissal of all personnel assigned to the school or schools under their control is limited to submitting recommendations to the county superintendents; and
Whereas, The state has adopted as a priority the goal of providing well-trained, highly qualified principals for public schools and has made findings that the quality of the principal of a school is one of the most important factors in determining the academic achievement of students; and
Whereas, In the past decade, the role of school principals has become more complex and their primary mission has evolved from instructional leadership to administration of a system of rewards and punishments and serving as inspirational leaders having little real authority to influence behavior; and
Whereas, The expanded workload, complexity and amount of information, chaotic work environment, new federal mandates and changing public expectations for principals as managers leave little time to devote to defining and communicating goals, monitoring and providing feedback on the teaching and learning process, and promoting and emphasizing the importance of professional development; and
Whereas, Principals are pressured by parents, local communities, constituent organizations and state policymakers to be accountable for everything that takes place within their buildings, but the reality of shared decisionmaking necessitates meetings, negotiations and delegation of responsibilities that discourage principals from functioning as effective and efficient leaders; and
Whereas, Principals are held accountable as instructional leaders, but have little time to spend on evaluation, instruction and curriculum, concentrating instead, almost wholly, on reactive management issues such as discipline and public relations while leaving instructional matters to the discretion of teachers; and
Whereas, Education policymakers emphasize substitutes for instructional leadership, including provision of support functions such as technical assistance, incentives, commitment to innovation and technology and assessment of student progress; and
Whereas, School districts tend to divide their organizational structures into three parts: Administration, which includes the superintendent and deputy, principals and assistant principals and teachers; school support, which includes curriculum, professional development and assessment; and operations, which administers personnel, finance and budgeting, and legal and public information functions; and
Whereas, Professionals in administration are held accountable for student achievement, but various individuals in school support control curriculum and how money is spent; and
Whereas, This organizational structure within local school districts means that as professional educators seek career opportunities beyond the classroom, they must choose either an administrative track or a school support track, but cannot choose both. Those entering administration de-emphasize teaching and learning, focusing on administrative competencies and devoting little time or attention to questions of curriculum and professional development, while those in the school support track give little attention to details and demands of day-to-day school operations; and
Whereas, These organizational structures which cause principals to retreat from their traditional role as instructional leaders also are heightened by teacher empowerment movements which tend to regard intervention or oversight by principals as an intrusion on the teachers' professional judgment and prerogatives; and
Whereas, All these factors discourage principals from developing to their fullest capacity as school leaders and from promoting a culture of learning and high expectations within their schools; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the role of principals in public schools of the state; and, be it
Further Resolved, That the Joint Committee on Government and Finance's study include principal selection process, principal empowerment, instructional leadership, workload, performance incentives, site-based management and accountability, classroom performance standards, professional development, organizational structures, incentives to attract classroom teachers to serve as principals, school climate and student achievement; 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,
Senate Concurrent Resolution No. 61 (originating in the Committee on Education)--Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state community and technical colleges.
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; and
Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for higher education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for higher education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for higher education, and as may be authorized by the commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for higher education, created pursuant to said section, the sum of $5 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the commission to finance improvements for state community and technical colleges. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and
Whereas, Every issue of the Commission's bonds shall be special obligations of the Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the commission; and
Whereas, The bonds shall be authorized by resolution of the commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state community and technical colleges; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for higher education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the commission, payable solely from the educational and general capital fees or other sources available to the commission which are pledged therefor, including the higher education improvement fund for higher education; and, be it
Further Resolved, That, upon resolution of the commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the commission only to make capital improvements at community and technical colleges; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the resolutions (S. C. R. Nos. 58, 59, 60 and 61) contained in the preceding report from the Committee on Education were each taken up for immediate consideration
On motion of Senator Plymale, Senate Concurrent Resolution Nos. 58, 59 and 60 were referred to the Committee on Rules.
On motion of Senator Plymale, Senate Concurrent Resolution No. 61 was referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31, Requesting Department of Administration name Capitol Complex parking building "Oshel B. Craigo Parking Building".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2908, Removing an outdated reference to the assessed value of livestock used to determine the value of livestock killed by a bear.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 2908) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 3090, Transferring the Weston State Hospital Institutional Farm to the Department of Health and Human Resources.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3090) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the ninth order of business.
Senate Bill No. 758, Supplementing and amending appropriations from federal funds to Department of Health and Human Resources, Division of Human Services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 759, Making supplemental appropriation to Division of Health and Board of Examiners for Registered Professional Nurses.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2938, Including motor carrier inspectors and enforcement officers in the definition of law-enforcement officer.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Kessler, the bill was referred to the Committee on the Judiciary.
 The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2718, Authorizing West Virginia Lottery Table Games at State Racetracks.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
At the request of Senator Helmick, and by unanimous consent, Senator Helmick addressed the Senate regarding anticipated action as to Engrossed Committee Substitute for House Bill No. 2718 (Authorizing West Virginia Lottery Table Games at State Racetracks).
At the request of Senator Guills, unanimous consent being granted, the Senate returned to the sixth order of business.
Petitions

Senator Guills presented a petition from Kathy H. Martin and Mountain View Elementary/Middle School faculty members and staff, requesting a six-percent salary increase.
Referred to the Committee on Education.
 Senator Guills presented a petition from Deborah Alderman and numerous Greenbrier County teachers, requesting a six-percent salary increase.
Referred to the Committee on Education.
 The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Fanning.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Fanning were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Barnes and Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 5, 2007, at 11 a.m.
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