WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 12, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Dennis Klemash, O.F.M.
Cap., St. Anthony Catholic Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, February 11,
2008,
On motion of Senator Hall, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4137--A Bill to amend and
reenact $33-17-9a of the Code of West Virginia, 1931, as amended,
relating to clarifying a municipality and county will be notified
by an insurance company when a total loss to a structure occurs
within that county or municipality.
Referred to the Committee on Banking and Insurance.
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. 4337--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-27-18, relating to authorizing the Board of
Barbers and Cosmetologists to increase fees for one year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. 21--Requesting the Joint
Committee on Government and Finance to undertake a study of long-
term care as it relates to the number of state residents in out-of-
state long-term health facilities to include a review of the costs
and options for their care in this state and consideration of
measures to reduce the cost of health care for residents being
cared for in long-term health facilities in other states.
Whereas, The West Virginia citizens who are dependent on
respirators or ventilators are not able to receive long-term care
in this state; and
Whereas, Individuals with traumatic brain injury or other long
term disabling conditions comprise the major portion of people
receiving long-term care in other states because there are no options for long term care in this state; and
Whereas, Many West Virginia Veterans are returning from
foreign conflicts with traumatic brain injuries and our State has
a special responsibility to see that veterans receive proper care,
preferably as close to their home community as possible; and
Whereas, These citizens are away from home, without close
family and friends and are cut off from their natural social and
environmental supports; and
Whereas, It is essential that the state review the care
provided to its citizens in out-of-state long-term care facilities
to ensure a full continuum of long-term care so that each citizen
will have long-term care options in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to undertake a study of long-term care as it
relates to the number of adult state residents in out-of-state
long-term health facilities to include a review of the costs and
options for their care in this state and consideration of measures
to reduce the cost of health care for residents being cared for in
long-term health facilities in other states, including measures to
bring them home for long-term care; and, be it
Further Resolved, That the Joint Committee on Government and
Finance solicit the testimony of acknowledged experts and family
members of those citizens being treated in out-of-state placement
to gain direct information and research regarding the personal
experiences of families with loved ones in out-of-state care and to consider any cost neutral in state options for the long-term care
of these citizens; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the 2009 regular session of the Legislature on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare all reports and draft legislation be paid from
the legislative appropriations to the Joint Committee on Government
and Finance.
Referred to the Committee on Health and Human Resources; 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. 22--Requesting the Division of
Highways to name the Walnut Street bridge (46-119/42-0.16),
spanning the Tygart Valley River between the West and South sides
of Grafton, West Virginia the "Mother's Day Bridge".
Whereas, On May 10, 1908, the first official Mother's Day
celebration was held in Andrews Methodist Episcopal Church,
Grafton, West Virginia, as arranged by founder Anna Jarvis; and
Whereas, The second Sunday of May was proclaimed as Mother's
Day, as a result of the first West Virginia State Proclamation,
issued on April 26, 1910, by West Virginia Governor William E. Glasscock; and
Whereas, The United States Congress, by adoption of a joint
resolution endorsing the observance of Mother's Day, authorized the
President to proclaim Mother's Day to be celebrated on the second
Sunday of each May as a national observance, and this resolution
was officially approved on May 9, 1914 by President Woodrow Wilson
and proclaimed by Secretary of State William Jennings Bryan; and
Whereas, The United States Department of Interior, National
Park Service, declared the Andrews Methodist Episcopal
Church - International Mother's Day Shrine in Grafton to be a
National Historic Landmark on October 2, 1992; and
Whereas, On January 11, 2008, West Virginia Governor Joe
Manchin III, issued the First Centennial (1908-2008) Mother's Day
Proclamation; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
Walnut Street bridge (46-119/42-0.16), spanning the Tygart Valley
River between the West and South sides of Grafton, West Virginia
the "Mother's Day 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: "Mother's Day 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 the International Mother's Day Shrine, 11 West Main Street (P. O. Box 513) in
Grafton, West Virginia and to the Secretary of Transportation and
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. 23--Requesting the Division of
Highways to name the Yates Avenue bridge (46-CR40-0.3), spanning
Berkeley Run in Grafton, West Virginia the "Bearcat Bridge".
Whereas, The construction of the present facility of Grafton
High School was finished in 1940, and the first graduating class
held its commencement ceremony at that same location; and
Whereas, Every year since, young men and women have studied
and received their education at that same facility, and every year
since 1940 young Grafton High School students have participated in
the various academic, athletic and extra curricular activities in
nature; and
Whereas, All of those participating students have been
referred to as "Bearcats" in honor of the school's mascot; and
Whereas, Grafton High School was constructed at the junction
of Berkeley Run and the Tygart Valley River, and there is a bridge
spanning Berkeley Run beside Grafton High School that connects
Yates Avenue with Riverside Drive; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
Yates Avenue bridge (46-CR40-0.3), spanning Berkeley Run in
Grafton, West Virginia the "Bearcat 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: "Bearcat 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 Grafton High School,
300 Riverside Drive in Grafton, West Virginia and to the Secretary
of Transportation and 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. 25--Requesting that bridge
number 46-119-7.93 located in the City of Grafton, be named the
"Memorial City Bridge".
Whereas, Per capita, more citizens from West Virginia have
served in our nation's Armed Forces than any other state; and
Whereas, These same citizens have always answered the call to
serve and to defend and preserve, not only our freedom, but the
freedom of others around the world; and
Whereas, Grafton, West Virginia is home to our state's first National Cemetery; and
Whereas, Two thousand eight marks the 141st annual observance
of the Memorial Day Parade and Memorial Day Cemetery Ceremonies and
activities; and
Whereas, The City of Grafton became known as "Memorial City"
because of ceremonies and activities tirelessly held to remember
and recognize those who fought for America, and especially those
who fell defending their nation; and
Whereas, The annual Memorial Day Parade passes over the Tygart
Valley River on a bridge that is part of the U. S. Route 119
Highway; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name the
U. S. Route 119 Bridge spanning Tygart Valley River in Grafton,
West Virginia the "Memorial City 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: "Memorial City 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 the Mayor of the
City of Grafton, and the Commanders of the same city's American
Legion, Disabled American Veterans and the Veteran's of Foreign
Wars in Grafton, West Virginia and 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. 32--Requesting that bridge
number 06-23-1.15 (10460) located on Yates Crossing Road, near Ona,
Cabell County, West Virginia, be named the "William Bradley Fulks
Memorial Bridge".
Whereas, Bradley Fulks was born into a military family and
gave the highest honor to his father's military career by following
in his footsteps and enlisting in the United States Marines; and
Whereas, Bradley attended Ona Elementary, Milton Middle School
and graduated, with honors, from Cabell Midland High School; and
Whereas, Bradley Fulks was an outstanding honors graduate of
Cabell Midland High School in the year two thousand one where he
excelled in many sports including basketball, football, baseball,
track, and boxing before attending Marshall University and
beginning his service in the United States Marine Corps; and
Whereas, Bradley Fulks competed in the Golden Gloves Boxing
Championship earning the State Championship Title for two years;
and
Whereas, Bradley Fulks completed all his military training
with high competence and served one deployment of seven months in
Afghanistan successfully; and
Whereas, Bradley Fulks was subsequently deployed with the second Reconnaissance Battalion to Al Anbar, Iraq, in April 2006;
and
Whereas, Bradley Fulks was injured when his Humvee was hit by
a roadside bomb on May 1, 2006, causing Bradley to be gravely
injured, and despite extensive medical treatment in Germany by
physicians of Walter Reed Hospital, Bradley Fulks made the ultimate
sacrifice in the service to his country when he succumbed to his
injuries at Brooks Medical Center in Texas on May 18, 2006, in the
presence of his loving and heartbroken family; and
Whereas, Bradley Fulks served his country faithfully,
honorably, and competently receiving the Purple Heart, Combat
Action Ribbon, National Defense Service Medal, Global War on
Terrorism Expeditionary Medal, Iraq Campaign Medal, Global War on
Terrorism Service Medal and Sea Service Medal; and
Whereas, Bradley Fulks served his country making the highest
possible sacrifice with his life, he was awarded the Navy and
Marine Corp Achievement Medal posthumously; and
Whereas, There is no greater sacrifice a citizen of this state
and country can make than what Bradley Fulks made while serving our
state and our country to protect the citizens of West Virginia and
the United States from terrorism and attack; and that there are no
words or actions that can erase the pain and loss of Bradley Fulks'
family, it is fitting and proper that bridge 06-23-1.15 (10460)
near the home area of Bradley Fulks and his family be named in his
honor as a small token of appreciation and gratitude for the
sacrifice Bradley Fulks made; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 06-23-1.15 (10460) located on Yates Crossing near the
city of Ona, Cabell County, West Virginia, "The William Bradley
Fulks 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 be
erected at each entryway of said bridge, containing bold and
prominent letters proclaiming the bridge to "The William Bradley
Fulks Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward certified copies of this resolution to the Commissioner of
the Division of Highways and to the Mayor, the City Council of the
City of Ona, to William G. Fulks and Kimberly Jean Adams, parents
of Bradley Fulks, his siblings, and his aunt, Vickey Chapman.
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 11th day of February, 2008, presented to
His Excellency, the Governor, for his action, the following bills,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. 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,
(Com. Sub. for H. B. No. 4147), Relating to the regulation of
parking for state office buildings.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 345, Authorizing Department of Administration
promulgate legislative rule relating to leasing of space and
acquisition of real property on behalf of state spending units.
And,
Senate Bill No. 354, Authorizing Alcohol Beverage Control
Commission promulgate legislative rule relating to farm wineries.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance 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. 349, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to fee structure for Pesticide
Control Act of 1990.
Senate Bill No. 350, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to West Virginia Plant Pest
Act.
Senate Bill No. 357, Authorizing State Auditor promulgate
legislative rule relating to State Purchasing Card Program.
Senate Bill No. 364, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to refund,
reinstatement, retroactive service and loan interest factors.
Senate Bill No. 374, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of
annual nitrogen oxide emissions to mitigate interstate transport of
fine particulate matter and nitrogen oxides.
Senate Bill No. 375, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of ozone
season nitrogen oxide emissions to mitigate interstate transport of
ozone and nitrogen oxides.
And,
Senate Bill No. 376, Authorizing Department of Environmental
Protection promulgate legislative rule relating to control of
annual sulphur dioxide emissions to mitigate interstate transport
of fine particulate matter and sulfur dioxides.
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,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 377, Authorizing Department of Environmental
Protection promulgate legislative rule relating to Greenhouse Gas
Emissions Inventory Program.
Senate Bill No. 387, Authorizing Department of Environmental
Protection promulgate legislative rule relating to underground
storage tanks.
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. 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. 398, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to food
establishments.
Senate Bill No. 403, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to newborn
screening system.
Senate Bill No. 404, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to clandestine
drug laboratory remediation.
Senate Bill No. 422, Authorizing Division of Labor promulgate
legislative rule relating to steam boiler inspection.
Senate Bill No. 423, Authorizing Division of Labor promulgate
legislative rule relating to verifying legal employment status of
workers.
Senate Bill No. 424, Authorizing Division of Labor promulgate
legislative rule relating to supervision of plumbing work.
And,
Senate Bill No. 425, Authorizing Massage Therapy Licensure
Board promulgate legislative rule relating to general provisions.
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,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 384, Authorizing Department of Environmental
Protection promulgate legislative rule relating to Environmental
Excellence Program.
And,
Senate Bill No. 396, Authorizing State Fire Marshal promulgate
legislative rule relating to supervision of fire protection work.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 385, Authorizing Department of Environmental
Protection promulgate legislative rule relating to Recycling Assistance Grant Program.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Finance pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 439, Authorizing Division of Natural Resources
promulgate legislative rule relating to wildlife scientific
collection permits.
And,
Senate Bill No. 443, Authorizing Board of Professional
Surveyors promulgate legislative rule relating to fees for
surveyors and surveying firms.
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,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 445, Authorizing Public Service Commission
promulgate legislative rule relating to emergency telephone
service.
And,
Senate Bill No. 447, Authorizing Regional Jail and
Correctional Facility Authority promulgate legislative rule
relating to work program for regional jail inmates.
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,
Walt Helmick,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 446, Authorizing Regional Jail and
Correctional Facility Authority promulgate legislative rule relating to furlough program for regional jails.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Finance pending.
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 Senators McCabe, Plymale, Foster, Oliverio, Facemyer,
Barnes, Hall, Hunter, Kessler, Jenkins and McKenzie:
Senate Bill No. 643--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5,
§17-27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11,
§17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17,
§17-27-18 and §17-27-19, all relating to establishment of the
Public-Private Transportation Facilities Act of 2008; setting forth
legislative findings and purposes; defining terms; providing
prerequisites for development of a transportation facility; creating public-private transportation oversight within the
Division of Highways; creating the powers and duties of the
division; providing for the submission of proposals and approval by
the division; providing for service contracts; providing for the
dedication of public property; setting forth the powers and duties
of a developer; requiring a comprehensive agreement; providing for
federal, state and local assistance; addressing material default
and remedies; prohibiting governmental entities from pledging full
faith and credit; providing for the exercise of condemnation;
addressing utility crossings and relocations; addressing dedication
of assets; qualifying transportation facilities as public
improvements; providing for an exemption of qualifying
transportation facilities from taxation; and addressing
construction and severability.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Guills:
Senate Bill No. 644--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2L-1, relating to prohibiting state or county funds
used for transportation of persons for any phase of abortions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler, Edgell and Helmick:
Senate Bill No. 645--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §16-5F-7, relating to exempting city and county
hospitals subject to health care financial disclosure from the
additional audit requirements for local government offices.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 646--A Bill to amend and reenact §18A-3-6 of
the Code of West Virginia, 1931, as amended, relating to allowing
the imposition of lesser sanctions upon a teacher for certain
causes rather than revocation of certificate; and authorizing the
state superintendent to issue subpoenas and subpoenas duces tecum
in certain instances.
Referred to the Committee on Education.
By Senators Plymale and Kessler:
Senate Bill No. 647--A Bill to amend and reenact §60A-9-5 of
the Code of West Virginia, 1931, as amended, relating to the State
Board of Pharmacy database.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 648--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §33-42-9, relating to prohibiting the performance of any
abortion when the woman seeking it is doing so solely on account of
the gender of the fetus; and prescribing a criminal penalty for
violations of the section.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 649--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §33-42-9 and §33-42-10, all relating to the care of
aborted fetuses; requiring medical facilities that provide
abortions to administer anesthesia to an unborn fetus when aborted
if it is older than seven weeks; requiring all available medical
means to be used to preserve the life of a fetus if it is alive
when aborted; and providing criminal penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Foster, Oliverio and Plymale:
Senate Bill No. 650--A Bill to amend and reenact §16-5V-2,
§16-5V-6, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-14, §16-5V-18,
§16-5V-19, §16-5V-25 and §16-5V-32 of the Code of West Virginia,
1931, as amended, all relating to the Emergency Medical Services
Retirement System; adding and modifying definitions; specifying
that members hired after the effective date of this plan are
members of the plan as a condition of employment; clarifying
language relating to the participation of public employers in this
plan; clarifying language relating to the transfer of Public
Employees Retirement System service credit and reinstatement of
service as an emergency medical services officer; specifying the
date on which contributions are due the fund and providing for delinquency fees for late payments; clarifying language relating to
purchase of prior service and providing for delinquency fees for
late payments; making a correction to the heading in section ten of
said article; eliminating minimum required eligible direct rollover
distributions paid directly to an eligible retirement plan;
allowing distributions totaling less than two hundred dollars
within the definition of eligible rollover distribution; clarifying
the language relating to the benefit awarded for a duty disability;
adding provisions for the payment of additional death benefits;
clarifying language relating to the effective date for receipt of
a duty disability benefit; and making a correction to the time
period for which the Joint Committee on Government and Finance
shall conduct an interim study on the potential effects of the
implementation of this plan.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Joint Resolution No. 12--
Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section one-d,
relating to authorizing the exemption from ad valorem taxation for
personal property in the form of manufacturing inventory;
authorizing the exemption from ad valorem taxation for other
tangible personal property; 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.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Division
of Highways name bridge number 10525 in Puritan Mines, Mingo
County, the "Rev. Glen and Gladys Merritt Bridge".
Whereas, Glen and Gladys Merritt are longtime residents of
Puritan Mines, Mingo County; and
Whereas, Glen and Gladys Merritt opened their home and hearts
to over 200 foster children during an eleven year span and Glen
served as president of the Mingo County Foster Parents Association;
and
Whereas, Glen and Gladys Merritt pastored the Christian
Fellowship Church for more than 27 years and Glen continues to do
so to this day; and
Whereas, Glen and Gladys Merritt spent more than fifty years
serving the people of the Mingo County as pastors, mentors, parent
figures and more; and
Whereas, Glen Merritt is a veteran of the United States Army
having served in World War II; and
Whereas, Sadly, Gladys Merritt passed away Thursday, October
5, 2006; and
Whereas, It is fitting, to honor Glen and the late Gladys Merritt for their service to their community, by naming bridge
number 10525, in Puritan Mines, Mingo County, the "Rev. Glen and
Gladys Merritt Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 10525 in Puritan Mines, Mingo County, the "Rev. Glen
and Gladys Merritt Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Rev. Glen and Gladys Merritt 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 Glen Merritt.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 49--Requesting the Division
of Highways name bridge number 2806 located in Mingo County at mile
marker 20.5 the "Private Lawrence Ooten Memorial Bridge".
Whereas, Lawrence Ooten was born October 3, 1921, in Myrtle,
Mingo County, son of the late James and Leota Ooten; and
Whereas, Lawrence Ooten had four brothers, Andy, George, Frank
and Johnny, and two sisters, Thurs and Ella; and
Whereas, Lawrence Ooten served his country in World War II;
and
Whereas, Lawrence Ooten was awarded the Silver Star and Purple
Heart for bravery in the field; and
Whereas, Sadly, Lawrence Ooten was killed in action on
December 24, 1944, in Luxembourg, Germany; and
Whereas, Lawrence Ooten was buried at the Ooten Cemetery
located at Lee Dempsey Drive in Myrtle, Mingo County; and
Whereas, It is fitting, to honor the memory of Lawrence Ooten,
who died in the service of his country, by naming bridge number
2806, located in Mingo County, at mile marker 20.5, the "Private
Lawrence Ooten Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 2806 located in Mingo County at mile marker 20.5 the
"Private Lawrence Ooten Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Private Lawrence Ooten 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 Lawrence Ooten.
Which, under the rules, lies over one day.
Senators Unger, Plymale and Yoder offered the following
resolution:
Senate Resolution No. 15--Recognizing Leadership Jefferson for its service, dedication and commitment to Jefferson County.
Whereas, The objective of Leadership Jefferson is to promote
knowledge and awareness of the problems, opportunities and issues
facing Jefferson County; and
Whereas, Leadership Jefferson is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Jefferson County; and
Whereas, The membership of Leadership Jefferson includes
individuals, religious, governmental, educational, civic, the arts,
organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2007-2008 membership of Leadership Jefferson
consists of Fred Allen, AFLAC; Jan Callen, United Way of the
Eastern Panhandle; Roberta Chromey, Sir Speedy Printing; Joe
Cosentini, City of Charles Town; Diane Creason, BB&T; Chuck
Ellison, Jefferson County Chamber of Commerce; Juanita Gustines,
USFWS/NCTC; Aniquia Hart, Charles Town Races and Slots/PNGI; Janet
Hinzman, Cornerstone Real Estate; Judith Ann Hockman, WVUH-
E/Jefferson Memorial Hospital; Karen Hummer, Jefferson County
Teacher of the Year/SJ Elementary; Todd Kelvington, G&S
Enterprises; Bob Kutcher, Clarion Hotel; Cindy Littleton, Frontier;
John Mauck, Charles Town Races and Slots/PNGI; Cheryl Mills, City
of Ranson; Carol Plautz, Blue Ridge CTC; Laura E. Rattenni, Jefferson County Circuit Clerk; Julie Siler, Shepherd University;
Autumn Renee Smith, Anvil Restaurant; Matthew Stickel, Bank of
Charles Town; Keleigh Taylor, City of Ranson; Ann Waldeck-Halavick,
Timeplus Payroll; Dave Miller; Terin Meade, United Bank; Andrew
Skinner, Nichols & Skinner; Heather Morgan, Jefferson County
Chamber of Commerce; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Jefferson for its
service, dedication and commitment to Jefferson County; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of
Leadership Jefferson.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 47, Requesting Division of
Natural Resources rename Wallback Lake in Clay County "Sampson
Lake".
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 eighth order of business.
Eng. Senate Bill No. 512, Increasing number of Records
Management and Preservation Board members.
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, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Kessler and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 512) passed with its title.
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, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Kessler and Sharpe--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. 512) takes effect from passage.
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. 298, Updating definitions relating to child
abuse and neglect.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 481, Authorizing physician
assistants to conduct mental health hygiene process examinations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 627, Designating terroristic threat as felony.
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 Senators Prezioso and Hall.
The Senate proceeded to the thirteenth order of business.
Senator Chafin called attention to today being the birthdays
of Henry D. Winnell, Assistant Clerk of the Senate, and Josh Smith-
Shimer, Judith A. Herndon Fellowship Program intern, and on behalf
of the Senate extended felicitations and good wishes to Henry D.
Winnell and Josh Smith-Shimer.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Kessler.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 13, 2008, at 11 a.m.
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