WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

TWENTY-EIGHTH DAY

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Charleston, W. Va., Tuesday, February 5, 2008

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

John Marshall Fife and Drum Corps of Marshall University proceeded in the playing of "Hail, Columbia", "The Star-Spangled Banner" and "The West Virginia Hills". Prayer was then offered by Pastor Mike Amico, Ohio Valley Christian Center, Wheeling, West Virginia.
Pending the reading of the Journal of Monday, February 4, 2008,
On motion of Senator Love, 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 concurrence by that body in the adoption of
Senate Concurrent Resolution No. 34, Amending Joint Rules of Senate and House of Delegates by adding a new rule relating to constitutional petitions and resolutions.
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. 2711--A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to providing that fire officers may use adjacent property to prevent fire from spreading; and making a minor stylistic change.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4052--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4, §16-4E- 5 and §16-4E-6, all relating to development of a maternal risk assessment advisory council; providing for legislative findings; setting forth responsibilities of the advisory council; providing for legislative rule-making authority within the Bureau for Public Health to develop a uniform maternal risk screening tool; providing for applicability of the screening tool once developed; and providing confidentiality of the tool.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill 4099--A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to allowing certain vehicles designated for emergency response or emergency management to use red flashing warning lights.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 10--Requesting the Division of Highways to name the Interstate 77 turnpike bridge crossing U. S. Route 61 near Turnpike Ford at Marmet the "Captain Larry F. Lucas Memorial Bridge".
Whereas, Captain Larry F. Lucas was a good, generous and honorable citizen born and raised in Marmet, West Virginia; and
Whereas, Captain Larry F. Lucas answered the call of duty and served his country faithfully, courageously and heroically in Vietnam; and
Whereas, Captain Larry F. Lucas distinguished himself by exceptionally valorous actions on the twentieth of December, nineteen hundred sixty-six, while serving as the flight leader of two aircraft during a reconnaissance mission over hostile territory; and
Whereas, Captain Lucas led the team to a suspected truck park and marshaling area and made the first photographing pass over the target alone; and
Whereas, Captain Lucas's plane received hits from hostile fire, but he was able to fly out of the danger area; and
Whereas, Gradually, one engine became useless and instruments indicated a fire in the plane; and
Whereas, Although Captain Lucas triggered automatic fire extinguishers, the pilot of the wing aircraft reported that Lucas's fuselage was burning from the wing to the tail assembly; and
Whereas, Nevertheless, Captain Lucas proceeded calmly toward the nearest airfield, or at least toward friendly territory; and
Whereas, Suddenly, the instruments behind Captain Lucas began sparking and the cockpit filled with flame and smoke; and
Whereas, Captain Lucas fought to maintain altitude as the aircraft settled into a thirty-degree dive, and ordered his co- pilot to eject; and
Whereas, Moments after the co-pilot left the cockpit, the aircraft pitched into a ninety-degree dive and crashed; and
Whereas, Captain Lucas's gallantry in action, at the cost of his life, was in keeping with the highest traditions of the military service and reflect great credit upon himself, his unit, and the United States Army; and
Whereas, Captain Lucas was posthumously awarded both the Air Medal (Second Oak Leaf Cluster) and the Silver Star; and
Whereas, It is a fitting and appropriate gesture to bestow a lasting memorial and tribute to honor this brave, honorable, selfless and patriotic native son, who gallantly went beyond the call of duty to save the life of his co-pilot - at the cost of his own - and to serve his country and his fellow citizens of Marmet, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the Interstate 77 turnpike bridge crossing U. S. Route 61 near Turnpike Ford at Marmet the "Captain Larry F. Lucas Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to read in prominent lettering: "The Captain Larry F. Lucas Memorial Bridge". which signs shall be erected at each entrance of the bridge, indicating that the bridge has been so named; and, be it
Further Resolved, That the Clerk of the House of Delegates, forward a certified copy of this Resolution to Larry F. Lucas's surviving nephew, David A. Holmes, who resides at 111 Spanish Oak Drive in Culloden, West Virginia, 25510, to the Secretary of Transportation and to the Commissioner of the Division of Highways.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 14--Requesting that the Joint Committee on Government and Finance authorize a study of the feasibility of requiring legislative rules to be filed electronically.
Whereas, An average of one hundred ten legislative rules have been filed annually with the Secretary of State's Office during the previous five years, requiring tens of thousands of paper copies to be generated; and
Whereas, Some states, including Colorado, Florida, Maryland, Ohio, Nebraska and Virginia, require rules to be filed electronically; and
Whereas, Electronic filing of legislative rules will help ensure accuracy in the filing of the correct versions of rules; and
Whereas, Electronic filing of legislative rules will enable Legislators to view rules online at every stage of the rule-making process; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring legislative rules to be filed electronically; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
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. 27--Designating "Almost Heaven - West Virginia - Wild and Wonderful" as the official roadway welcome slogan of the State of West Virginia.
Whereas, West Virginia is a state known for its breathtaking vistas, winding country roads, and wild mountain rivers; and
Whereas, The beauty of West Virginia may be seen from every corner of this majestic State; and
Whereas, West Virginians possess a proud, independent spirit that is characterized by our State motto Montani Semper Liberi; and
Whereas, The State's beauty and the spirit of her people is also embodied in the popular slogans of "Almost Heaven" and "Wild and Wonderful"; and
Whereas, "Wild and Wonderful" first appeared on West Virginia's roadway welcome signs in 1975 and remained in use until 1991; and the phrase "Wild and Wonderful" has appeared on all West Virginia general issue license plates since 1976; and
Whereas, John Denver's extremely popular song "Take Me Home, Country Roads" which has become the unofficial anthem of West Virginia, opens with the phrase "Almost Heaven, West Virginia"; and
Whereas, The Honorable Senator Robert C. Byrd offers the following statement about West Virginia: "It is the State that is 'Wild and Wonderful' and 'Almost Heaven' with its beautiful hills and law-abiding, God-fearing and patriotic people."
Whereas, On September 5, 2007, the State's citizens voted to select an official welcome slogan for West Virginia's roadway welcome signs with nearly 49,000 West Virginians casting votes for their favorite slogans; and
Whereas, "Wild and Wonderful" and "Almost Heaven" were the first- and second-place choices; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates "Almost Heaven - West Virginia - Wild and Wonderful" as the official roadway welcome slogan of the State of West Virginia; and, be it
Further Resolved, That the Legislature supports placing the phrase "Almost Heaven - West Virginia - Wild and Wonderful" on West Virginia's roadway welcome signs; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Governor of West Virginia and the Cabinet Secretary of the West Virginia Department of Transportation.
Referred to the Committee on Transportation and Infrastructure.
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. 343, Authorizing Board of Acupuncture promulgate legislative rule relating to continuing education requirements.
And has amended same.
Senate Bill No. 344, Authorizing Board of Acupuncture promulgate legislative rule relating to disciplinary and complaint procedures for acupuncturists.
And has amended same.
Senate Bill No. 405, Authorizing Board of Hearing Aid Dealers promulgate legislative rule relating to board.
And has amended same.
And,
Senate Bill No. 429, Authorizing Board of Medicine promulgate legislative rule relating to continuing education for physicians and podiatrists.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization pending.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 347, Authorizing Department of Administration promulgate legislative rule relating to Public Land Corporation's sale, lease, exchange or transfer of lands and minerals.
Senate Bill No. 388, Authorizing Department of Environmental Protection promulgate legislative rule relating to standards for beneficial use of filtrate from water treatment plants.
Senate Bill No. 435, Authorizing Division of Natural Resources promulgate legislative rule relating to commercial whitewater outfitters.
And,
Senate Bill No. 439, Authorizing Division of Natural Resources promulgate legislative rule relating to wildlife scientific collection permits.
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,
John Pat Fanning,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 356, Authorizing State Auditor promulgate legislative rule relating to standards for requisitions for payment issued to state officers on the Auditor.
Senate Bill No. 366, Authorizing Board of Dental Examiners promulgate legislative rule relating to board.
Senate Bill No. 401, Authorizing Department of Health and Human Resources promulgate legislative rule relating to hospice licensure.
Senate Bill No. 426, Authorizing Medical Imaging and Radiation Therapy Technology Board of Examiners promulgate legislative rule relating to board.
Senate Bill No. 427, Authorizing Medical Imaging and Radiation Therapy Technology Board of Examiners promulgate legislative rule relating to continuing education.
Senate Bill No. 428, Authorizing Medical Imaging and Radiation Therapy Technology Board of Examiners promulgate legislative rule relating to standard of ethics.
Senate Bill No. 431, Authorizing Board of Medicine promulgate legislative rule relating to certification, disciplinary and complaint procedures, continuing education and radiologist assistants.
Senate Bill No. 442, Authorizing Board of Professional Surveyors promulgate legislative rule relating to examination and licensing of professional surveyors in West Virginia.
Senate Bill No. 444, Authorizing Board of Professional Surveyors promulgate legislative rule relating to standards for practice of surveying in West Virginia.
Senate Bill No. 454, Authorizing State Tax Department promulgate legislative rule relating to exchange of information agreement between Tax Commissioner and other agencies.
And,
Senate Bill No. 455, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to registration of veterinary technicians.
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,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 357, Authorizing State Auditor promulgate legislative rule relating to State Purchasing Card Program.
Senate Bill No. 397, Authorizing Board of Funeral Service Examiners promulgate legislative rule relating to funeral director, embalmer, apprentice, courtesy card holder and funeral establishment requirements.
Senate Bill No. 425, Authorizing Massage Therapy Licensure Board promulgate legislative rule relating to general provisions.
Senate Bill No. 443, Authorizing Board of Professional Surveyors promulgate legislative rule relating to fees for surveyors and surveying firms.
Senate Bill No. 449, Authorizing Solid Waste Management Board promulgate legislative rule relating to performance measures and review standards for solid waste authorities operating commercial solid waste facilities.
And,
Senate Bill No. 450, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to licensure of speech-pathology and audiology.
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,
Edwin J. Bowman,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
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. 358, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to general provisions.
Senate Bill No. 359, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Deputy Sheriff Retirement System.
Senate Bill No. 360, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to benefit documentation and appeal.
Senate Bill No. 361, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers' Defined Contribution System.
Senate Bill No. 362, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Teachers Retirement System.
Senate Bill No. 363, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to Public Employee's Retirement System.
And,
Senate Bill No. 365, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to West Virginia State Police.
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,
Dan Foster,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 364, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund, reinstatement, retroactive service and loan interest factors.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 383, Authorizing Department of Environmental Protection promulgate legislative rule relating to voluntary remediation and development.
Senate Bill No. 390, Authorizing Department of Environmental Protection promulgate legislative rule relating to requirements governing water quality standards.
Senate Bill No. 436, Authorizing Division of Natural Resources promulgate legislative rule relating to revocation of hunting and fishing licenses.
Senate Bill No. 437, Authorizing Division of Natural Resources promulgate legislative rule relating to special boating rules.
And,
Senate Bill No. 438, Authorizing Division of Natural Resources promulgate legislative rule relating to conditions upon which oil and gas operators may access state forests.
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,
John Pat Fanning,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 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 the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original triple 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 Kessler, Hunter, Foster, Jenkins, Unger and Plymale:
Senate Bill No. 567--A Bill to amend and reenact §17F-1-1 and §17F-1-3 of the Code of West Virginia, 1931, as amended, all relating to the regulation of all-terrain vehicles; prohibiting operation on paved roads or highways; and providing for regulation of all-terrain vehicles by local government authorities.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Hunter, McCabe, Unger, Foster, Helmick, White, Edgell, Bailey, Kessler, Wells, Love, Jenkins and Stollings:
Senate Bill No. 568--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3, §22-29-4, §22-29-5 and §22-29-6, all relating to the adoption of green building standards for the construction or renovation of public buildings over fifty thousand square feet in size.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Hunter:
Senate Bill No. 569--A Bill to amend and reenact §18-8-3 of the Code of West Virginia, 1931, as amended, relating to compulsory school attendance directors.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 570--A Bill to amend and reenact §7-12-9b of the Code of West Virginia, 1931, as amended, relating to county commissions' ability to coordinate joint development efforts.
Referred to the Committee on Government Organization; and then to the Committee on Economic Development.
By Senators Jenkins, Plymale, Deem, Minard, Green, Hall, Hunter, Foster, Kessler, Stollings and Yoder:
Senate Bill No. 571--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §23-4-26 and §23-4-27, all relating to disability and death benefits under workers' compensation; cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease suffered by a professional firefighter is an occupational injury if certain criteria are met; creating a rebuttable presumption that cardiovascular injury or disease or pulmonary disease resulting in death of a professional firefighter is a death by an occupational injury if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been satisfied under such circumstances; establishing presumption that death or injury not occasioned by willful intent; and definitions.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Foster, Green, Hunter, Jenkins, Wells, Hall, Love, Yoder, Kessler, Stollings and Plymale:
Senate Bill No. 572--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §17B-2B-1, §17B-2B-2, §17B-2B-3, §17B-2B-4, §17B-2B-5, §17B-2B-6, §17B-2B-7, §17B-2B-8, §17B-2B-9, §17B-2B-10 and §17B-2B-11, all relating to licensing persons using bioptic telescopic devices to operate a motor vehicle; creating a Class G driver's license for persons using bioptic telescopic devices who complete an approved driver training program; authorizing the Division of Rehabilitation Services to create an approved driver training program; establishing minimum eligibility requirements for acceptance into an approved driver training program and minimum curriculum requirements; establishing criteria and restrictions for a Class G instruction permit and driver's license; specifying the duration of the Class G instruction permit and driver's license; providing for removal of the daytime driving restriction in certain circumstances; establishing standards for licensure of restricted out-of-state drivers to obtain a West Virginia Class G instruction permit or driver's license; providing prerequisites for renewal of a Class G driver's license; providing for suspension, revocation and reinstatement of Class G driver's licenses; requiring the Commissioner of the Division of Motor Vehicles to collect information regarding accidents, violations and convictions by Class G licensees and to report the same annually to the Legislature; requiring the Commissioner of the Division of Motor Vehicles and the Director of the Division of Rehabilitation Services to propose legislative rules; and clarifying that training provisions for Class G licensees do not apply to persons already licensed in this state to operate a motor vehicle while wearing bioptic telescopic devices.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 573--A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to increasing annual salaries of public school teachers; increasing annual bonuses for classroom teachers; and increasing annual salaries of school service personnel.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 574--A Bill to amend and reenact §15-2-5 of the Code of West Virginia, 1931, as amended, relating to the compensation of the membership of the West Virginia State Police.
Referred to the Committee on Finance.
By Senators Stollings, Foster, Plymale, Love, Jenkins and Hunter:
Senate Bill No. 575--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-15E-1, §33-15E-2, §33-15E-3, §33-15E-4, §33-15E-5, §33-15E-6, §33-15E-7, §33-15E-8, §33-15E-9, §33-15E-10, §33-15E-11, §33-15E-12, §33-15E-13, §33-15E-14, §33-15E-15, §33-15E-16 and §33-15E-17, all relating to licensing and regulating discount medical plan organizations and discount prescription drug plan organizations; requiring payment of fees; authorizing proposal of and promulgation of rules, including emergency rules; and providing civil and criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
By Senators Sypolt, Hunter, Wells, Bailey, Green, Love, Fanning, Unger, Plymale, Jenkins, Deem, White, Hall and Stollings:
Senate Bill No. 576--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations.
Referred to the Committee on Finance.
By Senator Sypolt (By Request):
Senate Bill No. 577--A Bill to amend and reenact §30-27-3, §30-27-4, §30-27-5 and §30-27-10a of the Code of West Virginia, 1931, as amended, all relating to fees and licensing for barbers and cosmetologists.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Helmick (By Request):
Senate Bill No. 578--A Bill to amend and reenact §11-13A-3a and §11-13A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11- 13V-4a, all relating to oil and gas production; Severance and Business Privilege Tax Act and Workers' Compensation Debt Reduction Act; deleting superannuated language; specifying collection and remittance of the severance tax on production of natural gas or oil by the first person to purchase the natural gas or oil after it has been severed or, in the event that the natural gas or oil has been severed and processed before the first sale, the first person to purchase natural gas or oil after it has been severed and processed; specifying purchaser liability for failure to collect or remit the tax; specifying due dates and payment requirements; specifying exceptions to the requirement that the purchaser collect and remit the tax; specifying persons subject to applicable bonding requirements; authorizing issuance of emergency rules and other rules by the Tax Commissioner; specifying application of exemptions; and exceptions and use of direct severance payment authorization number.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senator Caruth:
Senate Bill No. 579--A Bill to amend and reenact §16-13-18 of the Code of West Virginia, 1931, as amended, relating to appointment of additional members of a West Virginia community's sanitary board who are nonresidents when the sanitary sewer system serving the community borders another state and the sanitary sewer system is located in that state.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Plymale and Love:
Senate Bill No. 580--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-5-14a, relating to authorizing magistrate courts to accept unsigned copies of citations; and payments for such.
Referred to the Committee on the Judiciary.
By Senator Stollings:
Senate Bill No. 581--A Bill to amend and reenact §17C-15-26 of the Code of West Virginia, 1931, as amended, relating to authorizing the use of special lamps on vehicles; authorizing blue flashing lights on vehicles used by the Department of Military Affairs and Public Safety and its divisions for homeland security; and authorizing red flashing lights on emergency management vehicles, homeland security response vehicles, Class A vehicles of emergency management personnel and other vehicles designated by the Director of the Division of Homeland Security and Emergency Management.
Referred to the Committee on Transportation and Infrastructure.
By Senators Helmick and Love:
Senate Bill No. 582--A Bill to amend and reenact §11-24-3a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-24-4b, all relating to corporate net income tax; terms defined; and taxes levied.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 42, Requesting Division of Highways name bridge in Dickson, Wayne County, "Noah Stephens 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. 43, Requesting Division of Highways name bridge in Cabell County "Sgt. Jackie L. Waymire 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. 44, Requesting Division of Highways name bridge in Morgantown, Monongalia County, "John Pyles Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 14, Requesting National Park Service continue hunting in New River Gorge National River area.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
The Senate proceeded to the ninth 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 second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's second reading calendar.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
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 deferred order, was again reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Banking and Insurance.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Caruth, Fanning and Foster.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Chafin, unanimous consent being granted, it was ordered that the Journal show had Senator Chafin been present in the chamber on yesterday, Monday, February 4, 2008, he would have voted "yea" on the passage of Engrossed Senate Bill No. 217 and Engrossed Committee Substitute for Senate Bill No. 292.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, February 6, 2008, at 11 a.m.
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