WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TWENTY-THIRD DAY
____________
Charleston, W. Va.,
Thursday, January 31, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Louise Baker, Tyler City
Pentecostal Church of God, Middlebourne, West Virginia.
Pending the reading of the Journal of Wednesday, January 30,
2008,
On motion of Senator Caruth, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the 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. 4092--A Bill to amend and
reenact §30-19-3 and §30-19-6 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §30-19-12, all relating to the Board of Forestry; adding
a registered forestry technician to the board; providing for new licensure requirements of foresters and forestry technicians; and
clarifying the Board of Foresters rule-making authority.
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. House Bill No. 4141--A Bill to amend and reenact §55-17-3
of the Code of West Virginia, 1931, as amended, relating to
reducing the number of written status reports on a civil action
against a state government agency required to be provided by the
chief officer of the government agency.
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. Com. Sub. for House Bill No. 4147--A Bill to amend and
reenact §5A-4-5 of the Code of West Virginia, 1931, as amended,
relating to legislative parking at the state capitol complex;
providing for a joint policy of the Speaker of the House of
Delegates and the President of the State Senate on parking;
revising parking penalties to incorporate certain rules; allowing
the Speaker of the House of Delegates and the President of the
State Senate to designate other times and locations for legislative
parking; and authorizing the Speaker of the House of Delegates and
the President of the State Senate to designate persons for parking enforcement.
Referred to the Committee on Government Organization.
The Senate proceeded 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 Bill No. 167, Authorizing municipalities to enter into
energy-saving contracts.
And,
Senate Bill No. 237, Repealing county officers' annual report
requirement of certain expenditures.
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,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 186, Renewing Small Business Linked Deposit
Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 186 (originating in the
Committee on Economic Development)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §12-1A-1, §12-1A-2, §12-1A-3, §12-1A-4, §12-1A-5, §12-
1A-6, §12-1A-7, §12-1A-8 and §12-1A-9, all relating to the West
Virginia Small Business Linked Deposit Program; setting interest
rates on loans at three percent below market rate and on deposits
at no less than zero percent; limiting linked deposits and loans to
seven years; limiting loans and deposits to two hundred fifty
dollars; establishing the limitation of twenty million dollars for
linked deposits at any one time; requiring the Small Business
Development Center to ensure at no time shall a single
congressional district receive more than forty percent of program
funds; requiring the West Virginia Development Office to report
annually to the Joint Committee on Government and Finance; and
establishing penalties.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 186), under the original
double committee reference, was then referred to the Committee on Government Organization.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 301, Relating to State Police Retirement Fund.
And,
Senate Bill No. 325, Relating to state employee deferred
compensation plan.
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,
Dan Foster,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 309, Increasing Secretary of Transportation
and Commissioner of Highways salary when one person serves as both.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 309 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to
the terms of certain appointed state officers; qualifications;
powers and salaries of such officers; and clarifying salary when
one person is serving as both the Secretary of Transportation and
the Commissioner of Highways.
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.
The bill (Com. Sub. for S. B. No. 309), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 348, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to auctioneers.
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,
Larry J. Edgell,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Agriculture pending.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 349, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to fee structure for Pesticide
Control Act of 1990.
And,
Senate Bill No. 350, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to West Virginia Plant Pest
Act.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Edgell, from the Committee on Agriculture, submitted
the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 351, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to inspection of meat and
poultry.
And,
Senate Bill No. 352, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to frozen desserts and
imitation frozen desserts.
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 the Judiciary.
Respectfully submitted,
Larry J. Edgell,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Hunter, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 375, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of ozone
season nitrogen oxide emissions to mitigate interstate transport of
ozone and nitrogen oxides.
Senate Bill No. 376, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of
annual sulphur dioxide emissions to mitigate interstate transport of fine particulate matter and sulfur dioxides.
Senate Bill No. 377, Authorizing Department of Environmental
Protection promulgate legislative rule relating to greenhouse gas
emissions inventory program.
Senate Bill No. 385, Authorizing Department of Environmental
Protection promulgate legislative rule relating to recycling
assistance grant program.
And,
Senate Bill No. 387, Authorizing Department of Environmental
Protection promulgate legislative rule relating to underground
storage tanks.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bills, under the original triple committee references,
were then referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Hunter, from the Committee on
Energy, Industry and
Mining
, submitted the following report, which was received:
Your Committee on
Energy, Industry and Mining
has had under
consideration
Senate Bill No. 378, Authorizing Department of Environmental Protection promulgate legislative rule relating to prevention and
control of air pollution from combustion of refuse.
Senate Bill No. 379, Authorizing Department of Environmental
Protection promulgate legislative rule relating to ambient air
quality standards for sulfur oxides and particulate matter.
Senate Bill No. 380, Authorizing Department of Environmental
Protection promulgate legislative rule relating to ambient air
quality standards for carbon monoxide and ozone.
And,
Senate Bill No. 389, Authorizing Department of Environmental
Protection promulgate legislative rule relating to National
Pollutant Discharge Elimination System (NPDES) Program.
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 the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Sprouse, Barnes, Bowman, Plymale and Love:
Senate Bill No. 506--A Bill to amend and reenact §17C-13-6 of the Code of West Virginia, 1931, as amended, relating to providing
for an expectant mother parking permit.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Kessler, Hunter, Plymale, White and Minard:
Senate Bill No. 507--A Bill to amend and reenact §3-1-20, §3-
1-22, §3-1-29, §3-1-34 and §3-1-41 of the Code of West Virginia,
1931, as amended, all relating to cards of instructions to voters;
election supplies and requirements; boards of election officials;
voting procedures generally; and challenged and provisional voter
procedures.
Referred to the Committee on the Judiciary.
By Senators Bowman and Minard:
Senate Bill No. 508--A Bill to amend and reenact §30-1-5 of
the Code of West Virginia, 1931, as amended, relating to
authorizing state boards of examination or registration to conduct
criminal background checks through the Federal Bureau of
Investigation on applicants and current licensees.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Hunter, White, Kessler and Plymale:
Senate Bill No. 509--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-21, relating to requiring the Bureau for Medical
Services to notify the Legislature of policy changes in Medicaid
programs.
Referred to the Committee on Health and Human Resources.
By Senator Bowman:
Senate Bill No. 510--A Bill to amend and reenact §20-2-23a of
the Code of West Virginia, 1931, as amended, relating to powers and
duties of the Whitewater Commission.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 511--A Bill to amend and reenact §30-1-12 of
the Code of West Virginia, 1931, as amended, relating to requiring
state boards of examination or registration to maintain a permanent
public office space to conduct board business.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 512--A Bill to amend and reenact §5A-8-15 of
the Code of West Virginia, 1931, as amended, relating to changing
the number of members on the Records Management and Preservation
Board for county government entities from nine to eleven members to
accurately reflect the actual board membership.
Referred to the Committee on Government Organization.
By Senators Sypolt, Bailey, Green, Kessler and Deem:
Senate Bill No. 513--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-5-30, relating to authorization for pharmacists to
administer immunizations, setting forth limitations on those
immunizations as to type of immunizations and age of the recipient; and requiring annual reporting to the West Virginia Board of
Pharmacy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler, Hunter, Minard and Deem:
Senate Bill No. 514--A Bill to amend and reenact §3-3-5 of the
Code of West Virginia, 1931, as amended, relating to voting an
absentee ballot by electronic mail.
Referred to the Committee on the Judiciary.
By Senators Bailey, McCabe, Bowman, Minard, Edgell, Hunter,
Helmick, Love, Guills, Green, Unger, Stollings, Plymale, Jenkins,
White and Deem:
Senate Bill No. 515--A Bill to amend and reenact §20-2-7 of
the Code of West Virginia, 1931, as amended, relating to permissive
hunting on private property; and injury liability.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary
.
By Senators Facemyer, Prezioso and Minard:
Senate Bill No. 516--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-4C-14a, relating to authorizing emergency medical
technicians to administer epinephrine to persons suffering from an
allergy attack.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary
.
By Senators Fanning, Boley, Foster, Kessler, Bailey, Wells and Minard:
Senate Bill No. 517--A Bill to amend and reenact §22-6-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §22-11-8 of said code, all relating to authorizing the
Secretary of the Department of Environmental Protection to sign
National Pollutant Discharge Elimination System permits.
Referred to the Committee on Energy, Industry and Mining.
By Senators Prezioso, Minard, Unger, Love, Kessler and Deem:
Senate Bill No. 518--A Bill to amend and reenact §30-5-1b of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §30-5-6b and
§30-5-30, all relating generally to the scope of practice of
pharmacists; defining terms; authorizing pharmacists to remotely
dispense and deliver prescription drugs; authorizing pharmacists to
administer certain specified immunizations; requiring pharmacists
complete board-approved vaccine administration courses; providing
that pharmacists may not delegate the authority to administer
vaccines; setting forth duties of the Board of Pharmacy; and
authorizing the Board of Pharmacy to promulgate legislative rules.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary
.
By Senators Fanning, Foster, Kessler, Prezioso, Plymale,
Wells, White and Unger:
Senate Bill No. 519--A Bill to amend and reenact §22-18-22 of
the Code of West Virginia, 1931, as amended, relating to extending
the sunset provision for the Hazardous Waste Management Fee Fund to the thirtieth day of June, two thousand thirteen.
Referred to the Committee on Government Organization.
By Senators Bowman, Minard, Foster, Kessler, McCabe, White,
Yoder and Deem:
Senate Bill No. 520--A Bill to amend and reenact §8-13-13 of
the Code of West Virginia, 1931, as amended, relating to
authorizing municipalities to file liens for delinquent service
fees; and requiring municipal ordinances to have assessment and
collection procedures for the service fees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Love:
Senate Bill No. 521--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4j; to amend said
code by adding thereto a new section, designated §33-16-3t; to
amend said code by adding thereto a new section, designated
§33-24-7j; to amend said code by adding thereto a new section,
designated §33-25-8i; and to amend said code by adding thereto a
new section, designated §33-25A-8j, all relating to insurance
coverage for acupuncture treatment generally; and providing
insurance coverage under the Public Employees Insurance Act and
certain other insurance policies for acupuncture treatment
performed by a licensed acupuncturist.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Sypolt, Hall, Deem, McKenzie and Barnes:
Senate Bill No. 522--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8A-2-4a, relating to requiring equal number of members
from each magisterial district on county planning commissions.
Referred to the Committee on Government Organization.
By Senators Yoder, Unger, Caruth, Guills, Barnes, Oliverio,
Prezioso, Bowman, McKenzie, Minard, Foster and Deem:
Senate Bill No. 523--A Bill to repeal §18B-10-5 of the Code of
West Virginia, 1931, as amended; to amend and reenact §5-6-4a of
said code; to amend and reenact §5G-1-2 of said code; to amend and
reenact §12-3-5 and §12-3-8 of said code; to amend and reenact
§18B-1-3 and §18B-1-6 of said code; to amend and reenact §18B-1B-4
of said code; to amend and reenact §18B-2A-3 and §18B-2A-4 of said
code; to amend and reenact §18B-4-5, §18B-4-5a, §18B-4-6 and
§18B-4-7 of said code; to amend and reenact §18B-5-4, §18B-5-7 and
§18B-5-9 of said code; and to amend and reenact §18B-10-1,
§18B-10-6 and §18B-10-6a of said code, all relating to providing
more flexibility and freedom to all publicly funded state
institutions of higher education for running their respective
colleges and universities.
Referred to the Committee on Education; and then to the
Committee on Finance
.
By Senators Plymale and Jenkins:
Senate Bill No. 524--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to requiring strict liability for
a person who manufactures, sells or dispenses certain controlled
substances which cause another person's death; and penalties.
Referred to the Committee on the Judiciary.
By Senators Sypolt and Guills:
Senate Bill No. 525--A Bill to amend and reenact §62-3-3 of
the Code of West Virginia, 1931, as amended, relating to selection
of juries in felony cases.
Referred to the Committee on the Judiciary.
By Senators Sypolt, Guills and Caruth:
Senate Bill No. 526--A Bill to amend and reenact §52-1-8 of
the Code of West Virginia, 1931, as amended, relating to better
defining the basis for disqualification of prospective jurors.
Referred to the Committee on the Judiciary.
By Senator Barnes (By Request):
Senate Bill No. 527--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all relating
to public access to private restrooms in retail establishments.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Hall, Prezioso, Hunter, Deem, Minard, Plymale,
Unger, Bowman, Green and White:
Senate Bill No. 528--A Bill to repeal §18-7C-8 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §18-7C-6
of said code, all relating to the merging of the Defined Contribution Retirement System into the State Teachers Retirement
System by repealing the merger provision; and permitting certain
members a one-time option to transfer between the systems.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Unger, Jenkins, Bowman, Green, Stollings, Foster,
Prezioso, Plymale and Kessler:
Senate Bill No. 529--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-53, relating to the establishment of a West
Virginia State Trooper's Association leave donation program.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Stollings, Minard, Foster, Prezioso, Hunter
and Deem:
Senate Bill No. 530--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-3-1a, relating to providing a loan forgiveness
program for nurses.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 36--
Requesting the Division
of Highways name bridge number 10460 in Ona, Cabell County, the
"Cpl. William Bradley Fulks Memorial Bridge".
Whereas, William Bradley Fulks was raised in the towns of Ona and Milton, Cabell County; and
Whereas, William Bradley Fulks attended Ona Elementary and
Milton Middle School and graduated, with honors, from Cabell
Midland High School; and
Whereas, During his school years, William Bradley Fulks was
involved and excelled in many sports, including basketball,
football, baseball, track and boxing; and
Whereas, William Bradley Fulks competed in the Golden Gloves
Boxing Championship as a member of the Milton Boxing Club and
earned two State Championships; and
Whereas, William Bradley Fulks attended Marshall University
for one year before bravely deciding to enlist with the United
States Marine Corps; and
Whereas, Upon graduation from boot camp, William Bradley Fulks
reported to the School of Infantry, at Camp Geiger, North Carolina,
where he was trained as an 0351 assault man. Once he finished with
his training at the School of Infantry, he received orders to the
3rd Battalion, 6th Marines, where he was assigned duties in the
Weapons Company, CAAT Platoon, and deployed to Afghanistan in March
2004; and
Whereas, After returning from this seven-month deployment,
William Bradley Fulks successfully completed the Reconnaissance
Screening and was assigned to the 2nd Reconnaissance Battalion and
graduated from Amphibious Reconnaissance School, S.E.R.E. School
and Army Airborne School; and
Whereas, William Bradley Fulks was deployed with the 2nd Reconnaissance Battalion to Al Anbar, Iraq, in April 2006; and
Whereas, On May 1, 2006, William Bradley Fulks was severely
injured when his humvee was hit as the result of a roadside bomb.
Fulks was treated in Iraq, Landstuhl Medical Center in Germany and
Brooke Medical Center in Texas; and
Whereas, After a hard-fought battle dealing with numerous
serious injuries, William Bradley Fulks passed away at Brooke
Medical Center in Texas on May 18, 2006, with his loving and caring
family firmly by his side; and
Whereas, William Bradley Fulks was awarded the Purple Heart,
the Combat Action Ribbon, the National Defense Service Medal, the
Global War on Terrorism Expeditionary Medal, the Iraq Campaign
Medal, the Global War on Terrorism Service Medal and the Sea
Service Deployment ribbon, as well as a posthumous Navy and Marine
Corps Achievement Medal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 10460 in Ona, Cabell County, the "Cpl. William
Bradley Fulks Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Cpl. William Bradley Fulks Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and Vickey Champan.
Which, under the rules, lies over one day.
Senators Love, White and Stollings offered the following
resolution:
Senate Concurrent Resolution No. 37--
Requesting the Division
of Highways name bridge number 51-20-29.57 (920.1) at the
intersection of Route 15 and Route 20 in Diana, Webster County, the
"David Daniel Hamrick Memorial Bridge".
Whereas, David Daniel Hamrick was a life-long resident of the
Diana community where he served as a volunteer firefighter with the
Diana Volunteer Fire Department; and
Whereas, David Daniel Hamrick was a soldier who served
honorably with the West Virginia National Guard; and
Whereas, David Daniel Hamrick was a community-minded
individual who diligently and selflessly responded to the many
needs of others during his countless hours involved with flood
relief efforts throughout the state; and
Whereas, As a result of his many talents and skills as both a
firefighter and soldier, David Daniel Hamrick was always looking to
help his fellow man and greatly improved the quality of life for
all those whose lives he touched; and
Whereas, David Daniel Hamrick died in an automobile accident
on September 5, 1999; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 51-20-29.57 (920.1) at the intersection of Route 15
and Route 20 in Diana, Webster County, the "David Daniel Hamrick
Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"David Daniel Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to David Daniel
Hamrick's father, Jerry F. Hamrick, the Secretary of the Department
of Transportation, the Adjutant General of the West Virginia
National Guard and the Commander of the Diana Volunteer Fire
Department.
Which, under the rules, lies over one day.
Senators Foster, Wells, McCabe and Sprouse offered the
following resolution:
Senate Concurrent Resolution No. 38--Requesting the Division
of Highways name bridge number 20-119-11.34 (3190) on U. S. Route
119, between mile markers 73 and 74, crossing Trace Fork in Kanawha
County the "Private Clinton Griffith and Staff Sergeant Jack
Griffith Memorial Bridge".
Whereas, Clinton Griffith was a private in the U. S. Army and
served with the 134th Infantry, 35th Division during World War II;
and
Whereas, Clinton Griffith, married to his wife Reba and father
of two sons, Charles and Robert Lee, was one of five brothers to
serve in the armed forces; and
Whereas, Sadly, Clinton Griffith died on January 12, 1945, at
the Grand Duchy of Luxembourg and is buried at the American
cemetery in Luxembourg; and
Whereas, Clinton Griffith was awarded the Purple Heart and the
Bronze Star for making the ultimate sacrifice for his country; and
Whereas, Jack Griffith joined the 1st Platoon, D Company,
157th Infantry Regiment, 45th Division during World War II; and
Whereas, Jack Griffith was seriously wounded during the Anzio
Beachhead Operation and was later captured by the Germans and held
as a Prisoner of War in Stalag 10B, 10C and 12A until liberated at
the end of the war; and
Whereas, During his tour of duty, Jack Griffith achieved the
rank of Staff Sergeant and was awarded the Combat Infantry Badge,
the Bronze Star, multiple Purple Hearts, the POW medal, the Good
Conduct medal, the American Campaign Medal, the European-African
Middle East Ribbon with multiple Campaign Stars, the American
Defense Service Medal with multiple Bronze Arrowhead devices for
Combat Beach Landings. He was also awarded the European Theater
Occupation Ribbon and the Diploma of Recognition from the Consulate
General of France; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 20-119-11.34 (3190) on U. S. Route 119, between mile
markers 73 and 74, crossing Trace Fork in Kanawha County the
"Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the families of Clinton and
Jack Griffith.
Which, under the rules, lies over one day.
Senators Oliverio, Foster, Wells, Hunter, White, Kessler and
Jenkins offered the following resolution:
Senate Resolution No. 13--Designating January 31, 2008, as
"Earned Income Tax Credit Awareness Day".
Whereas, It is estimated that between 15 percent and 25
percent of eligible taxpayers fail to claim the earned income tax
credit (EITC); and
Whereas, Of those who do claim EITC, over 70 percent file
their tax returns through a paid tax preparer and pay fees up to
more than $2 billion annually; and
Whereas, In 2005, West Virginia received over $250 million in
earned income tax credits; and
Whereas, In 2006, through the use of Volunteer Income Tax
Assistance (VITA) free preparation sites, West Virginia families
received over $6 million EITC and over $22 million in total
refunds; and
Whereas, In West Virginia 21,545 free tax returns were
completed at VITA sites in 2006; and
Whereas, West Virginia had the greatest increase in the nation
for tax preparation sites; and
Whereas, West Virginia is the only state to provide statewide
coverage and involvement of every county by way of seven regional
EITC coalitions; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 31, 2008, as "Earned
Income Tax Credit Awareness Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to representatives of Earned Income Tax
Credit Awareness Day.
At the request of Senator Oliverio, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Minard, and by unanimous
consent, the remarks by Senator Oliverio regarding the adoption of
Senate Resolution No. 13 were ordered printed in the Appendix to
the Journal.
On motion of Senator Bailey, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 35, Relating to West Virginia
Corrections Academy.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.
The Senate proceeded to the ninth order of business.
Senate Bill No. 217, Reducing compliance time for nonresident
traffic violations.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Bailey, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Senate Bill No. 275, Providing Division of Banking
notification of state banks' and holding companies' applications
for out-of-state bank acquisitions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 292, Allowing Commissioner of
Banking issue bond claims to collect certain unpaid penalties and
invoices.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Oliverio, Bowman and Hunter.
Thereafter, at the request of Senator Bailey, and by unanimous
consent, the remarks by Senator Oliverio were ordered printed in
the Appendix to the Journal.
At the request of Senator Bowman, unanimous consent being
granted, the Senate stood in observance of a moment of silence in
recognition of the passing of Victoria Ann McKenzie, infant daughter of the Honorable Andy McKenzie, a senator from the first
district.
The Senate proceeded to the thirteenth order of business.
Senator Bailey called attention to today being the birthday of
the senator from Kanawha and on behalf of the Senate extended
felicitations and good wishes to Senator Foster, with Senator
Bailey leading the members in singing "Happy Birthday".
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Bailey, the Senate adjourned until
tomorrow, Friday, February 1, 2008, at 11 a.m.
____________