WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRTY-FOURTH DAY

____________

Charleston, W. Va., Monday, February 11, 2008

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

Prayer was offered by the Reverend Dr. John R. Sauvage, Oak Hill United Methodist Church, Oak Hill, West Virginia.
Pending the reading of the Journal of Friday, February 8, 2008,
On motion of Senator Guills, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
Senator Tomblin (Mr. President) presented a communication from the Joint Committee on Government and Finance, submitting its annual interim studies report, in accordance with chapter four, article three, section three of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the West Virginia Lottery, submitting its annual report as required by chapter twenty-nine, article twenty-two, section twenty of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, without amendment, to take effect from passage, and requested the concurrence of the Senate in the changed effective date, of
Eng. Senate Bill No. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
On further motion of Senator Chafin, the Senate concurred in the changed effective date of the bill, that being to take effect from passage, instead of ninety days from passage.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Yoder--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 459) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4030--A Bill to amend and reenact §21-3-1 of the Code of West Virginia, 1931, as amended, relating to requiring that workplace fatalities be reported to the Division of Labor.
Referred to the Committee on Labor; and then 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. 4059--A Bill to amend and reenact §18A-2-4 of the Code of West Virginia, one thousand nine hundred thirty-one, as amended, relating to employment of school bus operators issued passenger endorsement on commercial driver license through intrastate waiver program for diabetes; eligibility for employment; and conditions.
Referred to the Committee on Health and Human Resources; and then to the Committee on Education.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4069--A Bill to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended; and to further amend said article by adding thereto a new section, designated §17B-2-12a, all relating to requiring vision screening for renewal of a driver's license.
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. 4120--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-25, relating to prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions.
Referred to the Committee on the Judiciary.
A message from the Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect from passage, of
Eng. Com. Sub. for House Bill No. 4147, Relating to the regulation of parking for state office buildings.
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. 4327--A Bill to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §47-21-12 of said code, all relating to charitable bingo and charitable raffles; and amending the range of compensation which may be paid to operators of charitable bingo and charitable raffles; and amending the range of compensation which may be paid to concession workers.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4388--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-1-21, relating to authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database.
Referred to the Committee on the Judiciary.
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. 4--Requesting that bridge number .015 located on Route 54 at the old Mullens Athletic Field in the City of Mullens, Wyoming County, be named "The H. E. 'Homer' Lilly Bridge".
Whereas, H. E. "Homer" Lilly was instrumental in shaping the destiny of the City of Mullens into its present condition as a bustling, growing and thriving community; and
Whereas, As a realtor he was involved in the real estate development in and around the City of Mullens in the early 1900's, selling many a young married couple starting out in life, land upon which to construct their home; and
Whereas, As a member of the Board of Directors of the Peoples Bank of Mullens, he helped many to attain financing to build homes on the land he previously sold them; and
Whereas, The Peoples Bank of Mullens' continuing success and existence is tribute to the life works of Mr. Lilly, being the only Bank in Wyoming County to have survived the Great Depression while continuing to this day to operate with the same vision and trust that was instilled in its operation by Mr. Lilly; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number .015 located on Route 54 at the old Mullens Athletic Field in the City of Mullens, Wyoming County, "The H. E. 'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said bridge, containing bold and prominent letters proclaiming the bridge to be "The H. E. 'Homer' Lilly Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and to the Mayor and City Council of the City of Mullens.
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. 5--Requesting the Division of Highways name the bridge numbered 0.01 and located at Route 54/4 in the City of Mullens, the "Oscar Robert England Bridge".
Whereas, Oscar Robert England was instrumental in the early development of the infrastructure of the City of Mullens that is still in use today; and
Whereas, Oscar Robert England served as street commissioner for the City of Mullens for over twenty years; and
Whereas, Oscar Robert England's family, friends, neighbors and the community where he worked and lived and that he loved and served, all agree that it would be a great and deserving honor to name this bridge in Mr. England's honor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the bridge numbered 0.01 and located on Route 54/4 in the City of Mullens, Wyoming County, West Virginia, the "Oscar Robert England Bridge;" and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of Highways and to the Wyoming County Commission.
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. 6--Requesting the Division of Highways name the bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenny Ray Hamrick Memorial Bridge".
Whereas, Kenny Ray Hamrick, a life-long resident of Webster Springs, operated several successful businesses, including Hamrick's Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenny Ray Hamrick served his country faithfully and courageously in World War II, earning two purple hearts and two bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenny Ray Hamrick was a generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenny Ray Hamrick to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenny Ray 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 "Kenny Ray Hamrick Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Kenny Ray Hamrick's son, Kevin R. Hamrick.
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. 17--Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia.
Whereas, Volunteer firefighters put their lives on the line to protect the citizens of their community; and
Whereas, Retention and longevity of individual volunteer firefighters is vital to the public safety of the citizens of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance should focus on current recruitment and retention techniques of Volunteer Fire Departments throughout the state; 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 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 Government Organization; 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. 20--Requesting the Joint Committee on Government and Finance to study the establishment of a court of chancery within the unified judicial system in the State of West Virginia.
Whereas, Courts of chancery or "business courts" have been established by states throughout the country to preside over and adjudicate matters of commercial law and complex litigation between businesses; and
Whereas, Courts of chancery are presided over by a judge with extensive knowledge in commercial law, complex litigation and other areas of law affecting businesses and corporations; and
Whereas, Courts of chancery promote and utilize alternative dispute resolution to bring about successful resolution of cases without the parties becoming embroiled in a protracted litigation process; and
Whereas, Courts of chancery relieve the dockets of circuit courts by removing cases involving commercial law and complex business litigation and assigning them to a court of chancery; and
Whereas, Courts of chancery have allowed for complex cases to be resolved faster and with less expense than cases tried in courts of general jurisdiction; and
Whereas, Courts of chancery are a valuable tools for assisting businesses get fair, consistent, and timely dispute resolution; and
Whereas, Courts of chancery allow the judges to utilize technology, such as electronic filing and internet technology to support case management; and
Whereas, Several states have established by legislation, by rule, or by means of a pilot program a form of chancery court; and
Whereas, Many states are either working to establish or are studying the feasability of establishing a court of chancery, and it is worthy of consideration by this Legislature as to whether implementation of a Court of chancery would improve our court system and business climate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the establishment of a chancery court in the state of West Virginia; 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, recommendations, together with any drafts of any legislation necessary to effectuate its recommendation; and, be it
Further Resolved, That the expense necessary to conduct this study, to prepare a report, to draft necessary legislation, by paid from the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
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. 24--Requesting that a nine mile section of Holly River Road, State Route 15 in Webster County, beginning at the intersection of State Route 15 and State Route 20 and ending at the Braxton County line, be named "The A. R. 'Dick' Townsend Memorial Roadway".
Whereas, Dick Townsend drove the school bus on this route for 32 years, until his retirement in 1971. During his tenure Mr. Townsend drove more than 600,000 miles and transported over 3,000 students; and
Whereas, Upon his retirement, Mr. Townsend was awarded a Safe Driver's Award and was further recognized that during his 32 year tenure he never found it necessary to discipline a student for misbehavior; and
Whereas, He was a community minded individual who operated an automobile repair shop on this route and many times performed repairs at no charge for his neighbors; and
Whereas, Mr. Townsend was well respected by colleagues, teachers, students and neighbors; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name that nine mile section of State Route 15 beginning at the intersection of State Route 15 in Webster County and State Route 20 and ending at the Braxton County line, "The A. R. 'Dick' Memorial Roadway"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of said roadway, containing bold and prominent letters proclaiming the roadway to be "The A. R. "Dick" Townsend Memorial Roadway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways, his daughter, June (Townsend) Barb and her husband Bradley and the Superintendent of Schools of Webster County.
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. 26--Requesting the Division of Highways name the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 be named the "Vietnam Veterans Highway".
Whereas, The Vietnam Veteran served his country with great honor and distinction during a time when many were dishonoring them here in this country; and
Whereas, The Vietnam Veteran fought the enemy with as much vigor and heroism as did our World War II veterans -- or any other veteran in our great Nation's history; and
Whereas, U. S. Route 52 runs through southern West Virginia, an area of many Vietnam Veterans; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the section of U. S. Route 52 between mile marker 16.59 and mile marker 55.15 as the "Vietnam Veterans Highway"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
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. 28--Requesting the Joint Committee on Government and Finance to study the development of clean coal technologies such as coal liquefaction.
Whereas, Coal is an integral component of West Virginia's history, culture and economy; and
Whereas, The West Virginia coal industry directly employees over forty thousand individuals at an average annual wage in excess of fifty three thousand dollars per year and provides benefits to them and their families; and
Whereas, West Virginia's citizens and those of other states and nations rely daily on West Virginia's coal for energy and metallurgy in their business and private lives; and
Whereas, West Virginia's coal industry underwrites much of the state budget by paying for well over sixty percent of the business taxes paid in our state, paying seventy million dollars in property taxes and adding two hundred fourteen million dollars to the states economy due to the coal severance tax; and
Whereas, West Virginia's coal industry also underwrites much of the budgets of each of the State's political subdivision with more than eighteen million dollars each year flowing to counties and municipalities; and
Whereas, West Virginia has nearly fifty-three billion tons of recoverable coal reserves, enough for more than three hundred fifty years of production at current production levels; and
Whereas, West Virginia coal and coal miners are the world's most capable and tough miners which gives the State a clear competitive advantage in coal production in the world market place; and
Whereas, Scarcity of petroleum, natural gas and other fossil fuels and energy sources and fine metallurgical coal itself and advances in clean coal technologies bode well for sustaining ore increasing the coal demand and price levels in future years; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the development of clean coal technologies such as coal liquefaction; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand nine, on its findings, conclusions and recommendations together with drafts of a legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Energy, Industry and Mining; 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. 29--Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of West Virginia.
Whereas, Several states have recognized their Celtic links, by establishing official state tartans; and
Whereas, A majority of West Virginia's early settlers were descendants of Celtic people, who came from their native lands, to find freedom and adventure in the new world; and
Whereas, These settlers were the pioneers who helped carve this nation out of the wilderness; and
Whereas, Dr. Philip D. Smith, who is not only an accomplished author, professor and recognized world authority on Celtic history and tartan discovered an unknown shawl at the Barboursville "Daughters of the American Revolution Museum"; and
Whereas, He named this shawl in his book entitled "Book of Tartans" as the West Virginia Shawl; and
Whereas, The adaptation of the "West Virginia Shawl" includes the colors which most fully represent our states history, culture and beauty; and
Whereas, The Official West Virginia State Tartan shall be a symmetrical design starting at the dark yellow pivot point and containing the thread count as follows: Dark yellow 4, forest green 4, muted blue 8, forest green 4, azure 6, scarlet 24, white 1, black 6, scarlet 24, forest green 8, scarlet 8, muted blue 8, forest green 4, dark yellow 4; and
Whereas, In order to complement our mountain state the color red is to represent the cardinal; yellow for the fall colors; dark blue for the mountain rivers and lakes; black for the black bear, coal and oil; green for the rhododendron and mountain meadows; azure for the sky above; and white to have all the colors of this great nation intertwined with the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the adaptation, as described above, of the "West Virginia Shawl" be designated the Official Tartan of the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to Dr. Philip D. Smith, J. Kevin Grant, Ronald E. Grant and John A. Grant III.
Referred to the Committee on Government Organization.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 7, 2008

Senate Executive Message No. 2
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, Property Valuation and Training Procedures Commission, Dana Lynch, Webster Springs, Webster County, for the term ending June 30, 2010.
2.For Member, Mine Safety Technology Task Force, Menis Ketchum, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
3.For Member, West Liberty State College Board of Governors, John Larch, Weirton, Hancock County, for the term ending June 30, 2010.
4.For Member, West Liberty State College Board of Governors, Brian Joseph, Wheeling, Ohio County, for the term ending June 30, 2010.
5.For Member, West Liberty State College Board of Governors, Michael Stolarczyk, Columbus, Ohio, for the term ending June 30, 2009.
6.For Member, Real Estate Appraiser Licensing and Certification Board, Glenn Summers, Clendenin, Kanawha County, for the term ending June 30, 2010.
7.For Member, Southern West Virginia Community and Technical College, Wilma J. Zigmond, Logan, Logan County, for the term ending June 30, 2010.
8.For Member, Southern West Virginia Community and Technical College, Glenn Yost, Chapmanville, Logan County, for the term ending June 30, 2008.
9.For Member, Southern West Virginia Community and Technical College, Terry Sammons, Gilbert, Mingo County, for the term ending June 30, 2011.
10.For Member, Board of Respiratory Care, Carol Colasessano, Fairmont, Marion County, for the term ending June 30, 2009.
11.For Member, Board of Respiratory Care, Jack Wilson, Beckley, Raleigh County, for the term ending June 30, 2010.
12.For Member, Board of Respiratory Care, Dr. John Parker, Morgantown, Monongalia County, for the term ending June 30, 2009.
13.For Member, Board of Respiratory Care, William Boring, Wheeling, Ohio County, for the term ending June 30, 2010.
14.For Member, Council on Aging, Kathy Pauley, Pinch, Kanawha County, for the term ending June 30, 2011.
15.For Member, Real Estate Commission, John Reed, Hurricane, Putnam County, for the term ending June 30, 2011.
16.For Member, West Virginia School of Osteopathic Medicine Board of Governors, C. Sue Holvey, Flatwoods, Braxton County, for the term ending June 30, 2011.
17.For Member, West Virginia School of Osteopathic Medicine Board of Governors, Judith Seifer, Lewisburg, Greenbrier County, for the term ending June 30, 2011.
18.For Member, Capitol Building Commission, Gregory R. Barton, Ellenboro, Ritchie County, for the term ending June 30, 2010.
19.For Member, Public Employees Grievance Board, David Roberts, Fairmont, Marion County, for the term ending June 30, 2008.
20.For Member, Archives and History Commission, Bill Richardson, Delbarton, Mingo County, for the term ending June 30, 2008.
21.For Member, Archives and History Commission, Victor Greco, Wheeling, Ohio County, for the term ending June 30, 2009.
22.For Member, Archives and History Commission, Dr. Helene Jacobs, Huntington, Cabell County, for the term ending June 30, 2009.
23.For Member, Archives and History Commission, Becky Frye, Martinsburg, Berkeley County, for the term ending June 30, 2008.
24.For Member, Archives and History Commission, Dr. Charles Ledbetter, Nitro, Kanawha County, for the term ending June 30, 2009.
25.For Member, Archives and History Commission, Robert S. Conte, Union, Monroe County, for the term ending June 30, 2008.
26.For Member, Archives and History Commission, Dr. Joan Walker, Hedgesville, Berkeley County, for the term ending June 30, 2008.
27.For Member, Archives and History Commission, Harold M. Forbes, Morgantown, Monongalia County, for the term ending June 30, 2010.
28.For Member, Archives and History Commission, Noel Tenney, Buckhannon, Upshur County, for the term ending June 30, 2010.
29.For Member, Council for Community and Technical College Education, James J. Cava, Jr., Ridgeley, Mineral County, for the term ending June 30, 2011.
30.For Member, Women's Commission, Shida Jamie, Charleston, Kanawha County, for the term ending June 30, 2010.
31.For Member, Women's Commission, Kathie Williams, Huntington, Cabell County, for the term ending June 30, 2008.
32.For Member, Women's Commission, April Pennell-Hendershot, Cross Lanes, Kanawha County, for the term ending June 30, 2010.
33.For Member, Women's Commission, Gina Martino Dahlia, Fairmont, Marion County, for the term ending June 30, 2010.
34.For Member, Women's Commission, Heather Johnson, Beaver, Raleigh County, for the term ending June 30, 2010.
35.For Member, Board of Barbers and Cosmetologists, Kenneth A. Coston, Charleston, Kanawha County, for the term ending June 30, 2011.
36.For Member, Board of Miner Training, Education and Certification, Carl Egnor, Yawkey, Lincoln County, for the term ending June 30, 2010.
37.For Member, Statewide Independent Living Council, Donald Carson, Beckley, Raleigh County, for the term ending June 30, 2010.
38.For Member, Statewide Independent Living Council, Cindy Spinks, Summersville, Nicholas County, for the term ending June 30, 2010.
39.For Member, Statewide Independent Living Council, Brenda Lamkin, Buckhannon, Upshur County, for the term ending June 30, 2008.
40.For Member, Statewide Independent Living Council, LuAnn Decker, New Cumberland, Hancock County, for the term ending June 30, 2010.
41.For Member, Statewide Independent Living Council, Vanessa VanGilder, Charleston, Kanawha County, for the term ending June 30, 2010.
42.For Member, Statewide Independent Living Council, Mark Derry, Morgantown, Monongalia County, for the term ending June 30, 2010.
43.For Member, Statewide Independent Living Council, Karen Davis, Charleston, Kanawha County, for the term ending June 30, 2010.
44.For Member, Athletic Commission, Douglas E. Pauley, Charleston, Kanawha County, for the term ending June 30, 2011.
45.For Commissioner, Tax Division, Christopher G. Morris, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
46.For Secretary, Department of Revenue, Virgil T. Helton, St. Albans, Kanawha County, to serve at the will and pleasure of the Governor.
47.For Member, Natural Resources Commission, David F. Truban, Morgantown, Monongalia County, for the term ending June 30, 2014.
48.For Member, Women's Commission, Sherry Breeden, Charleston, Kanawha County, for the term ending June 30, 2008.
49.For Member, Board of Medicine, Dr. Carlos C. Jimenez, Glen Dale, Marshall County, for the term ending September 30, 2011.
50.For Member, Board of Medicine, Dr. R. Curtis Arnold, Hamlin, Lincoln County, for the term ending September 30, 2011.
51.For Member, Board of Medicine, Joseph E. Miller, Hurricane, Putnam County, for the term ending September 30, 2012.
52.For Member, Board of Chiropractic Examiners, Dr. Scott Romesburg, Bridgeport, Harrison County, for the term ending June 30, 2010.
53.For Member, Shepherd University Board of Governors, Mary Clare Eros, Shepherdstown, Jefferson County, for the term ending June 30, 2011.
54.For Member, Shepherd University Board of Governors, W. Mark Rudolph, Winchester, Virginia, for the term ending June 30, 2011.
55.For Member, West Virginia Northern Community and Technical College Board of Governors, John Clarke, Wheeling, Ohio County, for the term ending June 30, 2011.
56.For Member, West Virginia Northern Community and Technical College Board of Governors, Mary K. Hervey Degarmo, Wellsburg, Brooke County, for the term ending June 30, 2008.
57.For Member, West Virginia Northern Community and Technical College Board of Governors, Anne Dieckmann-Harman, Wheeling, Ohio County, for the term ending June 30, 2011.
58.For Member, West Virginia Northern Community and Technical College Board of Governors, Conner Boyd, Wheeling, Ohio County, for the term ending June 30, 2010.
59.For Member, Board of Dental Examiners, Dr. Diane Paletta, Charleston, Kanawha County, for the term ending June 30, 2012.
60.For Member, Board of Dental Examiners, Michelle Klenk, Fayetteville, Fayette County, for the term ending June 30, 2012.
61.For Member, Board of Education, Jenny N. Phillips, Elkins, Randolph County, for the term ending November 4, 2016.
62.For Member, Eastern West Virginia Community and Technical College, Robert Q. Hott, Augusta, Hampshire County, for the term ending June 30, 2008.
63.For Member, Eastern West Virginia Community and Technical College, Dixie Bean, Moorefield, Hardy County, for the term ending June 30, 2011.
64.For Member, Council on Aging, Earl F. Jarvis, Logan, Logan County, for the term ending June 30, 2011.
65.For Member, Bluefield State College Board of Governors, Sylvester Myers, Bramwell, Mercer County, for the term ending June 30, 2010.
66.For Director of Consumer Advocacy, Insurance Commission, Dennis V. Garrison III, Fayetteville, Fayette County, to serve at the will and pleasure of the Governor.
67.For Member, Housing Development Fund, The Honorable Gino Colombo, Clarksburg, Harrison County, for the term ending October 30, 2011.
68.For Member, Center for Professional Development, Reverend D. D. Meighen, Fairmont, Marion County, for the term ending June 30, 2009.
69.For Member, Center for Professional Development, B. Keith Fulton, Hurricane, Putnam County, for the term ending June 30, 2009.
70.For Member, Property Valuation and Training Procedures Commission, Mickey Brown, Madison, Boone County, for the term ending June 30, 2010.
71.For Member, Regional Jail and Correctional Facility Authority, Tony Veltri, Grafton, Taylor County, for the term ending June 30, 2011.
72.For Member, Catastrophic Illness Board, Dr. Victoria Shuman, Burton, Wetzel County, for the term ending August 31, 2012.
73.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Godby, Chapmanville, Logan County, for the term ending June 30, 2009.
74.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. I. Elaine Moore, St. Albans, Kanawha County, for the term ending June 30, 2009.
75.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, James Wilson, Charleston, Kanawha County, for the term ending June 30, 2010.
76.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Nancy Oughton, Morgantown, Monongalia County, for the term ending June 30, 2010.
77.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Jamie Browning, Logan, Logan County, for the term ending June 30, 2010.
78.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Melissa Haye, Princeton, Mercer County, for the term ending June 30, 2010.
79.For Member, Medical Imaging and Radiation Therapy Technology Board of Examiners, Dr. Robert Smith, Charleston, Kanawha County, for the term ending June 30, 2010.
80.For Executive Director, Water Development Authority, Christopher E. Jarrett, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
81.For Member, Medical Imaging and Radiation Technology Therapy Board of Examiners, Dr. John Leon, Fairmont, Marion County, for the term ending June 30, 2008.
82.For Member, Board of Registration for Sanitarians, Steven R. Bayer, Washington, Wood County, for the term ending June 30, 2012.
83.For Member, Marshall University Board of Governors, Michael G. Sellards, Huntington, Cabell County, for the term ending June 30, 2010.
84.For Member, West Virginia Northern Community and Technical College Board of Governors, William C. Haught, Wheeling, Ohio County, for the term ending June 30, 2011.
85.For Member, Oil and Gas Inspectors Examining Board, Robert L. Radabaugh, Sand Fork, Gilmer County, for the term ending June 30, 2012.
86.For Member, Aeronautics Commission, Richard S. Wachtel, Martinsburg, Berkeley County, for the term ending June 30, 2011.
87.For Member, Board of Registration for Sanitarians, William C. Harvey, Madison, Boone County, for the term ending June 30, 2009.
88.For Member, Lottery Commission, Don Lucci, Charleston, Kanawha County, for the term ending June 30, 2009.
89.For Member, Concord University Board of Governors, Wilma Anderson, Hinton, Summers County, for the term ending June 30, 2011.
90.For Member, Concord University Board of Governors, Frank L. Blackwell, Mullens, Wyoming County, for the term ending June 30, 2008.
91.For Member, Concord University Board of Governors, John Mendez, Princeton, Mercer County, for the term ending June 30, 2010.
92.For Member, Board of Examiners of Psychologists, Robert G. Martin, Hamlin, Lincoln County, for the term ending June 30, 2010.
93.For Member, Fairmont State University Board of Governors, Rocco Muriale, Fairmont, Marion County, for the term ending June 30, 2011.
94.For Member, Board of Registration for Professional Engineers, Richard E. Plymale, Charleston, Kanawha County, for the term ending June 30, 2012.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Love, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, March 8, 2008, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 505, Creating Veterans Cemetery Fund from lottery proceeds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 505 (originating in the Committee on Military)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-11a; and to amend and reenact §29-22-9a of said code, all relating to authorizing creation of the Veterans Cemetery Fund to be funded from a portion of the proceeds from the veterans instant lottery scratch-off game.
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,
Jon Blair Hunter,
Chair.
The bill (Com. Sub. for S. B. No. 505), under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
By Senator Love:
Senate Bill No. 628--A Bill to amend and reenact §17C-4-7 of the Code of West Virginia, 1931, as amended, relating to motor vehicle accident reports.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Barnes, Foster, Oliverio, Green, Prezioso, Edgell, Love, Bailey, Unger, Minard, Kessler and Hunter:
Senate Bill No. 629--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-11B-1, §5-11B-2 and §5-11B-3, all relating to establishing the West Virginia Religious Freedom Restoration Act; short title; definitions; applicability; construction; and remedies.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 630--A Bill to amend and reenact §29-22C-8 of the Code of West Virginia, 1931, as amended, relating to licensees to engage in activities related to operation of West Virginia Lottery table games at racetrack facilities; and providing qualifications for applicant for license to operate West Virginia Lottery table games at a racetrack facility.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bailey and Minard:
Senate Bill No. 631--A Bill to amend and reenact §17A-10-3a of the Code of West Virginia, 1931, as amended, relating to special registration of antique motor vehicles; including antique trucks; and special registration fee for antique trucks.
Referred to the Committee on Transportation and Infrastructure.
By Senators Foster, Stollings, Jenkins, Prezioso and Plymale:
Senate Bill No. 632--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; and initiating the Healthy Lifestyles Restaurant Calorie Posting Program.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 633--A Bill to amend and reenact §5-10-14 of the Code of West Virginia, 1931, as amended, relating to service credit for certain temporary legislative employees.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Hunter, Helmick, Plymale, Minard, Kessler and Unger:
Senate Bill No. 634--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and §15-1J-5, all relating to the receipt of federal and state funds by the West Virginia National Guard; developing and administering security programs; and hiring of employees.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 635--A Bill to amend and reenact §18-2A-2 of the Code of West Virginia, 1931, as amended, relating to textbooks, instructional materials and learning technologies; and authorizing the state board to set and collect review fees from publishers participating in the state instructional materials adoption procedures.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 636--A Bill to amend and reenact §16-5B-1 of the Code of West Virginia, 1931, as amended, relating to requiring licensing and oversight of free clinics by the Bureau for Public Health.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Stollings, Unger and Hunter:
Senate Bill No. 637--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to a required addition of CPR and first aid training to the health education curriculum in high schools to further protect the children in our schools.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Love and Kessler:
Senate Bill No. 638--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to the receipt and transfer of catalytic converters; imposing reporting and record retention requirements for certain purchasers of catalytic converters; setting forth procedure by which law-enforcement officers may take custody of catalytic converters; providing for the inspection of records and materials by investigators employed by law enforcement; providing the return of catalytic converters under certain conditions; and setting forth criminal penalties.
Referred to the Committee on the Judiciary.
By Senator Hall:
Senate Bill No. 639--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5-20a, relating to requiring the collection of statistics relative to abortions performed in the state.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator McKenzie:
Senate Bill No. 640--A Bill to amend and reenact §16-2B-2 of the Code of West Virginia, 1931, as amended, relating to prohibiting family planning centers in West Virginia that receive state funding from discussing abortion or abortion referrals.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Unger, Fanning, Green, Helmick, Hall, Prezioso, Kessler, Minard, Plymale and Hunter:
Senate Bill No. 641--A Bill to amend and reenact §22-26-1, §22-26-2, §22-26-3, §22-26-5 and §22-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §22-26-7, §22-26-8 and §22- 26-9, all relating to the Water Resources Protection and Management Act; establishing legislative findings; defining certain terms; continuing the water resources survey; continuing mandatory registration of certain water users; requiring reports to the Legislature; requiring development of a state water resources management plan; authorizing surface and groundwater data collection; setting forth powers and duties of the Secretary of the Department of Environmental Protection with regard to development of water resources management plans; establishing criteria for a state water resources management plan; and authorizing development of regional and critical area water resources management plans.
Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 642--A Bill to repeal §18-7C-1, §18-7C-2, §18- 7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend and reenact §18- 7A-14 of said code; and to amend said code by adding thereto a new article, designated §18-7D-1, §18-7D-2, §18-7D-3, §18-7D-4, §18-7D- 5, §18-7D-6, §18-7D-7, §18-7D-8, §18-7D-9, §18-7D-10 and §18-7D-11, all relating to the State Teachers Retirement System and the Teachers' Defined Contribution Retirement System generally; voluntary transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System; providing legislative findings and purpose; providing definitions; providing for election on the question of actively contributing members of the Teachers' Defined Contribution Retirement System voluntarily transferring assets to the State Teachers Retirement System; setting forth requirements of election; providing responsibilities of the Consolidated Public Retirement Board; setting forth dates and time periods for transition and election; providing for education about election and transfer; requiring legal notice to members; allowing Consolidated Public Retirement Board to contract directly for professional services for purposes of performing its responsibilities related to the voluntary transfer and conducting the election; permitting only one election; providing for voluntary transfer from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System upon affirmative vote by seventy percent or more of the actively contributing members; providing for transfer of assets from the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System upon favorable vote; providing for service credit in the State Teachers Retirement System; permitting transferring members to pay an actuarial reserve in order to receive full credit upon transfer; addressing withdrawals and cash outs; addressing qualified domestic relations orders; providing for vesting of members and minimum guarantees of benefits for members; and providing for due process and right to appeal.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Caruth, Guills, Barnes, Hall and Yoder:
Senate Joint Resolution No. 9--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to clarifying that the Constitution does not require the State to pay for any abortion; 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.
By Senator Hunter:
Senate Joint Resolution No. 10--Proposing an amendment to the Constitution of the State of West Virginia, amending section four, article VI thereof, relating to increasing senatorial districts from seventeen to thirty-four; 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.
By Senator Hall:
Senate Joint Resolution No. 11--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated section fifty- seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; further clarifying that the Constitution does not secure or protect a right to abortion; 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 White, Love and Hunter offered the following resolution:
Senate Concurrent Resolution No. 47--Requesting the Division of Natural Resources rename Wallback Lake in Clay County "Sampson Lake".
Whereas, Seventy-six year old Fred Sampson worked tirelessly for seven years to see that coal mining damage fees were used toward the creation of a recreational lake in Clay County. He worked diligently while local officials told him he was wasting his time and state regulators presented one road block after another; and
Whereas, Fred Sampson remained steadfast in his desire to see something good constructed in his home county of Clay. Without his steadfast dedication and determination, coal mitigation dollars would have gone elsewhere and Clay County would be without a significant recreation and tourist draw; and
Whereas, West Virginia and Clay County depend on hard-working individuals who volunteer their time and effort to make changes and improvements so desperately needed in their neighborhoods and Fred Sampson has demonstrated he is one of those persons; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to rename Wallback Lake in Clay County "Sampson Lake"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Director of the Division of Natural Resources and Fred Sampson.
Which, under the rules, lies over one day.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 242, Allowing point deduction for certain licensees attending defensive driving class.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Sharpe and Yoder--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 242) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 512, Increasing number of Records Management and Preservation Board members.
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 tenth order of business.
Senate Bill No. 298, Updating definitions relating to child abuse and neglect.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 481, Authorizing physician assistants to conduct mental health hygiene process examinations.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 627, Designating terroristic threat as felony.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Yoder.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 12, 2008, at 11 a.m.
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