WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TWENTY-FOURTH DAY
____________
Charleston, W. Va., Friday, February 1, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Ray Sexton, Open Arms
Pentecostal Church of God, Huntington, West Virginia.
Pending the reading of the Journal of Thursday, January 31,
2008,
On motion of Senator Chafin, 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 Clerk presented a communication from the Department of
Environmental Protection, submitting its annual Special Reclamation
Fund Advisory Council report, as required by chapter twenty-two,
article one, section seventeen of the code of West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the Division of
Highways, submitting its annual financial report, in accordance with chapter seventeen, article three, section one-a of the code of
West Virginia.
Which report was received and filed with the Clerk.
The Clerk presented a communication from the State Rail
Authority, submitting its annual financial report as required by
chapter twenty-nine, article eighteen, section seventeen of the
code of West Virginia.
Which report was 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 passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4053--A Bill to amend and
reenact §61-3C-3 and §61-3C-16 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto four new
sections, designated §61-3C-4a, §61-3C-4b, §61-3C-4c and §61-3C-4d,
all relating to protecting computer owners and users from computer
spyware; making it unlawful for persons transmit computer software
for the purpose of modifying settings, collecting personal
information by deceptive means or preventing efforts to protect a
computer to access a computer; making it unlawful to transmit
software to control in such a way as to cause damage or opening
multiple pop-up windows; making it unlawful to transmit software
for the purpose of modifying setting that protect personal information; making it unlawful to transmit software for the
purpose of blocking efforts to block or disable computer software;
making it unlawful to induce the installation by misrepresentations
or deception; exceptions; and authorizing the attorney general to
enforce the provisions of the act.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 311, Allowing judges to order jurors from
other counties in certain situations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 311 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §52-1-14
of the Code of West Virginia, 1931, as amended, relating to
authorizing judges to order jurors be drawn from another county or
counties when jurors cannot be seated from the county in which the
trial will be held and the county for which the jurors served shall
compensate the jurors.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 311), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 400, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to water well
design standards.
Senate Bill No. 402, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to regulation
of opioid treatment programs.
And,
Senate Bill No. 441, Authorizing Office of Pharmaceutical
Advocate promulgate legislative rule relating to prescription drug
advertising expense reporting.
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,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 410, Authorizing Insurance Commissioner
promulgate legislative rule relating to advertisement of life
insurance and annuities.
Senate Bill No. 411, Authorizing Insurance Commissioner
promulgate legislative rule relating to life insurance disclosures.
Senate Bill No. 412, Authorizing Insurance Commissioner
promulgate legislative rule relating to suitability in annuity
transactions.
Senate Bill No. 413, Authorizing Insurance Commissioner
promulgate legislative rule relating to life insurance
illustrations.
Senate Bill No. 414, Authorizing Insurance Commissioner
promulgate legislative rule relating to examiners and examinations.
Senate Bill No. 415, Authorizing Insurance Commissioner
promulgate legislative rule relating to licensing and conduct of
insurance producers, agencies and solicitors.
Senate Bill No. 416, Authorizing Insurance Commissioner
promulgate legislative rule relating to fingerprinting requirements
for applications for insurance producer license.
Senate Bill No. 417, Authorizing Insurance Commissioner
promulgate legislative rule relating to guaranteed loss ratios as
applied to individual sickness and accident insurance policies.
Senate Bill No. 418, Authorizing Insurance Commissioner
promulgate legislative rule relating to mental health parity.
Senate Bill No. 419, Authorizing Insurance Commissioner
promulgate legislative rule relating to recognition of preferred
mortality tables for use in determining minimum reserve
liabilities.
Senate Bill No. 420, Authorizing Insurance Commissioner
promulgate legislative rule relating to replacement of life
insurance policies and annuity contracts.
And,
Senate Bill No. 421, Authorizing Insurance Commissioner
promulgate legislative rule relating to military sales practices.
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,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 430, Authorizing Board of Medicine promulgate
legislative rule relating to collaborative pharmacy practice.
And,
Senate Bill No. 440, Authorizing Nursing Home Administrators
Licensing Board promulgate legislative rule relating to nursing
home administrators.
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 Government Organization; and
then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
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. 2517, Providing that the Board of Banking
and Financial Institutions have the authority to approve
acquisitions of out-of-state banks by WV state banks.
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,
Joseph M. Minard,
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 Banking and Insurance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senator Jenkins:
Senate Bill No. 531--A Bill to amend and reenact §17B-2-1a,
§17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of
West Virginia, 1931, as amended, all relating to the issuance of
driver's licenses; disposition of surrendered licenses; issuance of an identification card to applicants who possess a valid driver's
license; providing a reduced criminal penalty for violating the
terms and conditions of a level one or level two graduated driver's
license; restricting level one and level two drivers to operation
of passenger vehicles only; defining exceptions for the use of the
address of principle residence; removing an obsolete provision
related to the issuance of a driver's license without a photo;
providing for the use of a passport in lieu of a birth certificate;
requiring an applicant to pay a fee for the third and subsequent
attempt at the written examination prior to obtaining an
instruction permit; and extending the validity of instruction
permits from sixty days to ninety days.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Jenkins, Hunter and Stollings:
Senate Bill No. 532--A Bill to amend and reenact §17A-3-16 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17A-10-3 of said code, all relating to registration fees
for vehicles; allowing a registrant to register a Class G vehicle
for a two-year period; requiring registration for at least one full
year; and facilitating expiration date changes.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 533--A Bill to amend and reenact §17A-6-1b,
§17A-6-2a, §17A-6-4, §17A-6-7 and §17A-6-15 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §17A-6E-2 of
said code, all relating to the licensing of dealers; extending
authority to out-of-state dealers to issue vehicle registrations;
expanding authority of Dealer Recovery Fund Control Board to
consider claims against the fund; increasing minimum bond
requirement from ten thousand dollars to twenty-five thousand
dollars; establishing minimum number of sales prior to renewal and
opportunity for appeal; exempting salespersons employed by dealers
selling commercial vehicles, financial institutions and auctions
from the requirement to obtain a salesperson license; and
authorizing the commissioner to require participation in an
electronic temporary plates or markers program as a precondition
for issuance of temporary plates.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Foster, Hunter and Unger:
Senate Bill No. 534--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5,
§16-9G-6, §16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11 and
§16-9G-12, all relating to establishing the Fire Safety Standard
and Firefighter Protection Act; short title; legislative findings; definitions; establishing a test method and performance standard;
requiring certification and product change information to be
submitted to the Division of Public Health; requiring markings on
cigarette packing; penalties; Division of Public Health to
administer article; promulgation of rules; Attorney General,
Department of Revenue and Division of Public Health authorized to
enforce article; creating Cigarette Fire Safety Standard and
Firefighter Protection Act Fund; sales outside of West Virginia;
and preemption by federal law.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster, Jenkins, Kessler, Green, Hunter, Wells,
Hall, McKenzie and White:
Senate Bill No. 535--A Bill to amend and reenact §17B-4-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17C-5-2 and §17C-5-7 of said code; to amend said code by adding
thereto a new section, designated §17C-5-4a; and to amend and
reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said
code, all relating to modifications to administrative and criminal
penalties for driving a motor vehicle under the influence of
alcohol and/or drugs; reducing the administrative sanctions for
driving a vehicle with a lawfully suspended or revoked license;
removing the mandatory 24-hour incarceration for first offense
driving under the influence; deleting a provision criminalizing the operation of a motor vehicle by habitual drug user; creating an
aggravated offense of driving with a blood alcohol concentration of
fifteen hundredths of one percent or more, by weight; requiring
drivers involved in a motor vehicle crash that results in the death
or serious bodily injury to another person to submit to a chemical
test of their blood, breath or urine; permitting participation in
the Motor Vehicle Alcohol Test and Lock Program for first offense
driving under the influence; removing superfluous provisions
related to children operating a motor vehicle under the influence
of alcohol; permitting law-enforcement officers to submit an
affidavit rather than attend the administrative hearing unless
subpoenaed; providing incentives for participation in the Motor
Vehicle Alcohol Test and Lock Program for first offense driving
under the influence; providing enhanced administrative sanctions
for persons operating a motor vehicle with a blood alcohol
concentration of fifteen hundredths of one percent or more, by
weight; making certain technical changes to administrative
procedures; transferring primary authority of the Safety and
Treatment Program to the Department of Health and Human Resources;
providing for removal of the Driver's Rehabilitation Fund from the
jurisdiction of the Division of Motor Vehicles and placing it under
the jurisdiction of the Secretary of the Department of Health and
Human Resources; providing that a person whose driver's license is
revoked for refusing to take a secondary chemical test is not eligible to reduce the revocation period by completing the safety
and treatment program; removing requirement that victim impact
panels be implemented pursuant to legislative rules; reducing the
minimum period of revocation for participation in the test and lock
program; increasing minimum periods of participation in the
ignition interlock device for aggravating offenses; and denying
participation in the Motor Vehicle Alcohol Test and Lock Program
for persons whose driver's license is revoked for driving under the
influence of drugs.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 536--A Bill to amend and reenact §17A-3-23 of
the Code of West Virginia, 1931, as amended, relating to exempting
vehicles operated by the Supreme Court of Appeals from registration
requirements for state cars.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Unger and Wells:
Senate Bill No. 537--A Bill to amend and reenact §15-2-5 of
the Code of West Virginia, 1931, as amended, relating to increasing
compensation of membership of the West Virginia State Police.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 538--A Bill to amend and reenact §18-7A-17 of
the Code of West Virginia, 1931, as amended, relating to allowing
members of the Teachers Retirement System who are absent from
employment while serving as an officer or staff of a statewide
professional teaching association or a statewide service personnel
association to count this service toward retirement credit; and
amounts required to be paid by members for such service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso and Oliverio:
Senate Bill No. 539--A Bill to amend and reenact §21-9-2 of
the Code of West Virginia, 1931, as amended, relating to the
restoration of the licensure exemption for certain contractors of
manufactured housing installation.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Kessler and Unger:
Senate Bill No. 540--A Bill to amend and reenact §16-4C-8 of
the Code of West Virginia, 1931, as amended, relating to licensing
of emergency medical services personnel; and providing a waiver in
the licensing process of physical requirements of emergency medical
services personnel who work on a volunteer basis when certain other
minimum requirements are met.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Bowman and Kessler:
Senate Bill No. 541--A Bill to amend and reenact §11-21-12d of
the Code of West Virginia, 1931, as amended, relating to extending
the personal income tax adjustment to the gross income of certain
retirees receiving pensions from defined pension plans that
terminated and are being paid a reduced maximum benefit guarantee.
Referred to the Committee on Finance.
By Senators Prezioso, Bailey and Unger:
Senate Bill No. 542--A Bill to amend and reenact §25-1-11d of
the Code of West Virginia, 1931, as amended; to amend and reenact
§49-5E-5a of said code; and to amend and reenact §62-12-14 of said
code, all relating to providing that correctional officers, parole
officers and juvenile corrections officers may retire with full
benefits after twenty years of actual and honorable service.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Barnes, Love, Fanning, Edgell and Sypolt:
Senate Bill No. 543--A Bill to amend and reenact §17E-1-3 and
§17E-1-8 of the Code of West Virginia, 1931, as amended, all
relating to exempting farm vehicles from commercial motor vehicle
regulations when farmers drive farm vehicles across state lines but
within one hundred fifty miles of their qualifying farms; and
driving farm vehicles carrying materials not required to be placarded under Subpart F of 49 C. F. R. Part §172 as "hazardous
materials".
Referred to the Committee on Agriculture; and then to the
Committee on Transportation and Infrastructure.
By Senators Foster, Jenkins, Stollings, Hunter, Bailey,
Kessler and Unger:
Senate Bill No. 544--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §16-29G-9, relating to establishing a pilot program to
establish electronic data sharing for clinical decision support.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Helmick:
Senate Bill No. 545--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §11-10-5z and §11-10-7d; to amend and reenact §11-12-5
of said code; to amend said code by adding thereto a new section,
designated §11-15-9j; to amend and reenact §11-15-16 of said code;
and to amend and reenact §11-21-74 of said code, all relating to
tax administration efficiency and technical advancements; requiring
electronic filing of tax returns when the taxpayer meets a certain
threshold amount of taxes due; authorizing combined tax
assessments; authorizing promulgation of rules to determine the
application of partial payments of taxes; authorizing the limitation on assessments to apply separately to each tax in a
combined assessment; authorizing the recordation of one lien for
all taxes in a combined assessment; allowing assertion of the
consumers sales and use tax exemptions authorized under section
nine-i, article fifteen, chapter eleven of the Code of West
Virginia to be asserted by use of a direct pay permit; incomplete
business registration certificate; specifying the time period for
which the business registration certificate is granted; specifying
authority of the Tax Commissioner to suspend or cancel certificate;
eliminating the periodic biennial business registration certificate
renewal requirement; specifying a penalty applied upon issuance,
renewal or reinstatement of the business registration certificate
pursuant to involuntary cancellation, revocation or suspension of
the business registration certificate; filing incomplete returns
for consumers sales and service tax and use tax; requiring the Tax
Commissioner to design a combined reporting form; requiring
taxpayers to use the form specified by the Tax Commissioner;
authorizing the Tax Commissioner to promulgate necessary rules; and
incomplete filing of withholding tax returns.
Referred to the Committee on Finance.
By Senators Helmick and Bailey:
Senate Bill No. 546--A Bill to amend and reenact §47-20-12a of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §47-21-12 of said code, all relating to the compensation of charitable bingo and charitable raffle operators and concession
workers; and making technical language changes to clarify intent.
Referred to the Committee on Finance.
By Senators Bowman, Hunter and Kessler:
Senate Bill No. 547--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22j; and to amend said code by adding thereto a
new section, designated §18-7A-26u, all relating to the Public
Employees Retirement System and the Teachers Retirement System;
providing a one-time supplement for annuitants and survivor
beneficiaries after being retired five consecutive years or longer;
and exempting the one-time supplement from state income tax.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Kessler, Hunter, Wells, Deem, Bailey and Unger:
Senate Bill No. 548--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §1-6-1; to amend and reenact §7-3-2a of said code; and
to amend and reenact §18-5-24 of said code, all relating to
requiring that the purchase of United States flags or flags of the
State of West Virginia only be made from manufacturers in the
United States when public funds are used.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bowman, Foster, Bailey, Hunter and Kessler:
Senate Bill No. 549--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §21-1D-1, §21-1D-2 and §21-1D-3, all relating to
requiring employers working on public improvement projects to show
at least eighty percent of the employees working on the project, or
at least eighty percent of the hours worked on the project, will be
by employees who are covered by a policy of health insurance.
Referred to the Committee on Labor; and then to the Committee
on Finance.
By Senators Bailey, Bowman, Hunter, Fanning, Minard,
Stollings, Wells, Yoder, Jenkins, White, Unger, Deem and Foster:
Senate Joint Resolution No. 8--Proposing an amendment to the
Constitution of the State of West Virginia, amending section 1b,
article X thereof, relating to homestead exemption increase;
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.
Senators Fanning and Yoder offered the following resolution:
Senate Concurrent Resolution No. 39--Requesting the Division
of Highways name bridge number 24-7/8.023 crossing over the Tug
River at Hemphill, McDowell County, the "Charles Spencer Bridge".
Whereas, Charles Spencer was born March 15, 1929, the son of the late T. R. and Mable Spencer; and
Whereas, Charles Spencer married Betty Jane Hale, with whom he
shared the joy of having four children: Teresa, Charles II, Gordon
and James; and
Whereas, Charles Spencer entered the U. S. Army in 1945 and is
a veteran of World War II and the Korean War and was released from
active duty in 1954; and
Whereas, Charles Spencer returned to Welch and worked for W.
B. Swope until 1968. He worked for U. S. Steel Mining Company from
1968 until his retirement in 1987; and
Whereas, Charles Spencer is a longtime member of the American
Legion Post 8, having been there since 1954 and serving in various
positions; and
Whereas, Charles Spencer is also a member of the Welch Lions
Club, where he served as a President and is a past member of the V.
F. W Post 8413; and
Whereas, It is fitting to honor Charles Spencer for his
service to his community, state and country by naming bridge number
24-7/8.023 crossing over the Tug River at Hemphill, McDowell
County, the "Charles Spencer Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 24-7/8.023 crossing over the Tug River at Hemphill,
McDowell County, the "Charles Spencer 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
"Charles Spencer 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 Charles Spencer.
Which, under the rules, lies over one day.
Senators McCabe, Plymale, Jenkins, Foster, Wells, Sprouse,
Hunter, Minard and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 40--Requesting the Division
of Highways name bridge number 06-60/1-0.63 (2099) located in
Cabell County the "Phyllis E. Given Memorial Bridge".
Whereas, Phyllis E. Given was born on July 12, 1920, in
Pomeroy, Ohio, and received her education in the public schools of
Meigs County, Ohio, Columbus Business College and Morris Harvey
College; and
Whereas, Phyllis E. Given was married December 25, 1946, to
the late Harold C. Given, with whom she shared the joy of having
two children, Barbara Lynn and Harold Edward; and
Whereas, Phyllis E. Given was a former member of the West
Virginia House of Delegates and the Cabell County Commission; and
Whereas, Phyllis E. Given was the only woman in the
Legislature to serve from two different counties in two separate
terms. She served from 1970 to 1974 representing Kanawha County and from 1980 to 1988 representing Cabell County; and
Whereas, Phyllis E. Given was a successful businesswoman and
held many positions within the community, including Kentucky
Colonel, Who's Who in American Women, Who's Who in the World and
Vice President of the West Virginia Federation of Democratic Women;
and
Whereas, Sadly, Phyllis E. Given passed away in 1996 in
Charleston, Kanawha County; and
Whereas, It is fitting to honor Phyllis E. Given for her
service to her community and state by naming bridge number 06-60/1-
0.63 (2099) located in Cabell County the "Phyllis E. Given Memorial
Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 06-60/1-0.63 (2099) located in Cabell County the
"Phyllis E. Given 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
"Phyllis E. Given 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 the family of Phyllis E.
Given.
Which, under the rules, lies over one day.
Senators Stollings and Tomblin (Mr. President) offered the
following resolution:
Senate Concurrent Resolution No. 41--Requesting the Division
of Highways name bridge number 22-119-7.99(3179) on Route 119 in
Lincoln County the "Sergeant James Allen May Memorial Bridge".
Whereas, James A. May was a native of Sod, Lincoln County; and
Whereas, James A. May was a veteran of the United States
Marine Corps and fought valiantly in the Vietnam War; and
Whereas, James A. May was awarded the Silver Star Medal for
conspicuous gallantry and intrepidity in action against the enemy
in the Republic of Vietnam; and
Whereas, James A. May was also awarded two Purple Hearts for
wounds received while exhibiting extraordinary courage and selfless
disregard for his own welfare; and
Whereas, James A. May personified the Marine's adage that
"Uncommon Valor was a Common Virtue"; and
Whereas, It is fitting to honor James A. May for his service
to his state and country by naming bridge number 22-119-7.99(3179)
on Route 119 in Lincoln County the "Sergeant James Allen May
Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 22-119-7.99(3179) on Route 119 in Lincoln County the
"Sergeant James Allen May 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
"Sergeant James Allen May 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 the family of Sergeant James
Allen May.
Which, under the rules, lies over one day.
At the request of Senator Stollings, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 36, Requesting Division of
Highways name bridge in Ona, Cabell County, "Cpl. William Bradley
Fulks Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 37, Requesting Division of
Highways name bridge in Diana, Webster County, "David Daniel
Hamrick Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 38, Requesting Division of
Highways name bridge in Trace Fork, Kanawha County, "Private
Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Senate Bill No. 217, Reducing compliance time for nonresident
traffic violations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 275, Providing Division of Banking
notification of state banks' and holding companies' applications
for out-of-state bank acquisitions.
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. 292, Allowing Commissioner of
Banking issue bond claims to collect certain unpaid penalties and
invoices.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
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 Stollings.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, the remarks by Senator Stollings were ordered printed in
the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 4, 2008, at 11 a.m.
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