WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRTY-SIXTH DAY

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Charleston, W. Va., Wednesday, February 13, 2008

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

Prayer was offered by the Reverend Lewis H. Beck, Jr., Philippian Chapel, Philippi, West Virginia. St. Agnes School's second grade class, Charleston, West Virginia, then led the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Tuesday, February 12, 2008,
On motion of Senator McKenzie, 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) laid before the Senate the following communication:
REGIONAL JAIL AND CORRECTIONAL

FACILITY AUTHORITY

Charleston

February 12, 2008

The Honorable Earl Ray Tomblin
President, Senate of West Virginia
State Capitol
Charleston, West Virginia
Dear President Tomblin:
This is to notify you that in accordance with the provisions of the Open Government Proceedings Act §6-9A, et seq., of the West Virginia Code, timely notice of the meeting of the Board of the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA) was filed November 13, 2007, with the Secretary of State's office for publication in the West Virginia State Register.
The meeting was held December 6, 2007, at 1:30 p.m., in the Conference Room of the WVRJCFA at 1325 Virginia Street East in Charleston, West Virginia. As the duly elected Chairman of the Board of WVRJCFA, I am authorized to advise you that a quorum was ascertained and by a majority vote and in accordance with West Virginia Code §31-20, et seq., Terry Miller was appointed, subject to the advice and consent of the Senate, as Executive Director, to serve at the will and pleasure of the Board, for a term of five years to commence on December 10, 2007.
Accordingly, I am herewith submitting the name of Terry Miller as Executive Director for the WVRJCFA for the confirmation process of the West Virginia State Senate.
Sincerely,
James W. Spears,
Chair.
Which communication was received and referred to the Committee on Confirmations and incorporated with the nominations received earlier this session; all to be considered as a special order of business for Saturday, March 8, 2008, at 11 a.m.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 9, Mandating firearm safety program in public schools.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 139, Creating fund to reimburse National Guard group life insurance premiums.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 193, Allowing lenders' sale of home and automobile membership plans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 193 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §46A-4-110 of the Code of West Virginia, 1931, as amended, relating to the sale of membership plans by consumer lenders; defining membership plans; specifying conditions for sale of plans by licensees; and requiring enrollment authorizations to be filed with the commissioner.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 287, Establishing West Virginia Research Trust Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 287 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B- 18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-4, §18B-18A-5, §18B-18A-6, §18B-18A-7, §18B-18A-8, §18B-18A-9, §18B-18A-10, §18B-18A-11 and §18B-18A-12, all relating to public higher education; research; establishing the West Virginia Research Trust Fund; legislative findings; defining terms; creating special account in the State Treasury; providing for allocation of moneys; authorizing Marshall University and West Virginia University to establish directed research endowments; providing requirements for and administration of directed research endowments; authorizing use of investment earnings; prohibiting expenditure of principal in directed research endowments; providing criteria and restrictions for qualified private donations and qualified private donation pledges; establishing eligible uses of directed research endowment proceeds; requiring directed research endowment plans; establishing criteria and procedures for distribution of matching moneys from the West Virginia Research Trust Fund and providing for reallocation of moneys under certain conditions; requiring participating institutions to return unmatched moneys to the trust fund under certain circumstances; authorizing distribution of certain moneys to state colleges; directing and authorizing Higher Education Policy Commission to promulgate rules; and requiring annual reports.
And,
Senate Bill No. 564, Relating to higher education tuition and fees waivers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 564 (originating in the Committee on Education)--A Bill to amend and reenact §18-19-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-10-5 and §18B-10-6 of said code, all relating to waivers of higher education tuition and fees; clarifying eligibility requirements for certain applicants; changing method of calculating limits on waivers of tuition and fees; and exempting tuition and fee waivers granted to higher education employees, spouses and dependents and all tuition and fee waivers authorized by statute from calculation of limits on percentage of tuition and fee waivers granted by state institutions of higher education.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills (Com. Sub. for S. B. Nos. 287 and 564), under the original double committee references, were then referred to the Committee on Finance.
Senator Oliverio, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 290, Creating felony offense of unauthorized practice of medicine, surgery or podiatry by physician assistants.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Michael A. Oliverio II,
Vice Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund.
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 Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Education 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. 355, Authorizing Alcohol Beverage Control Commission promulgate legislative rules relating to sale of wine.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 406, Authorizing Commissioner of Highways promulgate legislative rule relating to construction and reconstruction of state roads.
Senate Bill No. 408, Authorizing Commissioner of Highways promulgate legislative rule relating to use of state road rights of ways and adjacent areas.
Senate Bill No. 409, Authorizing Commissioner of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.
And,
Senate Bill No. 433, Authorizing Division of Motor Vehicles promulgate legislative rule relating to examination and issuance of driver's licenses.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 407, Authorizing Commissioner of Highways promulgate legislative rule relating to traffic and safety rules.
And,
Senate Bill No. 434, Authorizing Division of Motor Vehicles promulgate legislative rule relating to disclosure of information from files of division.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 435, Authorizing Division of Natural Resources promulgate legislative rule relating to commercial whitewater outfitters.
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. 449, Authorizing Solid Waste Management Board promulgate legislative rule relating to performance measures and review standards for solid waste authorities operating commercial solid waste facilities.
And,
Senate Bill No. 450, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to licensure of speech-pathology and audiology.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on 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. 453, Authorizing State Police promulgate legislative rule relating to West Virginia State Police Career Progression System.
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.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 609, Creating Innovation and Development Act.
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 Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Economic Development pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 610, Eliminating Saturday school prohibition.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, 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 resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Plymale and Minard:
Senate Bill No. 651--A Bill to amend and reenact §62-6-6a of the Code of West Virginia, 1931, as amended, relating to disposition of prisoners.
Referred to the Committee on the Judiciary.
By Senators Minard, Oliverio, Bailey, Prezioso, Jenkins, Facemyer, Chafin, Edgell, Fanning, Plymale, Love, Hunter, Stollings, Caruth, Helmick, Foster, Guills, Bowman, Tomblin (Mr. President), Green, Kessler, Deem, McKenzie and White:
Senate Bill No. 652--A Bill to amend and reenact §20-5-16 of the Code of West Virginia, 1931, as amended, relating to allowing the Director of the Division of Natural Resources to enter into contracts granting long-term usage and related rights and privileges to third parties sufficient to attract private investment for the financing, construction and operation of additional lodging units at Stonewall Jackson Lake State Park; and directing the Director of the Division of Natural Resources to file emergency and legislative rules governing any such long-term usage contracts and related rights and privileges.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Minard and White:
Senate Bill No. 653--A Bill to amend and reenact §33-6-5a of the Code of West Virginia, 1931, as amended, relating to application requirements for life and accident and sickness insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Love, Edgell, Unger and Sypolt:
Senate Bill No. 654--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
By Senators Wells, Hunter, White, Minard, Bailey, Love, Barnes, Green, Sypolt and Kessler:
Senate Bill No. 655--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-7f, relating to public employees insurance coverage for maternity and post-delivery care to dependants of state employees who become pregnant.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Facemyer, Love and White:
Senate Bill No. 656--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-65, relating to providing a single resident license for all hunting, fishing and trapping; and providing that one percent of the General Revenue Fund each fiscal year is dedicated for use by the Division of Natural Resources.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Kessler, McKenzie and Plymale:
Senate Bill No. 657--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3, §21-1D-4, §21-1D-5, §21- 1D-6, §21-1D-7, §21-1D-8 and §21-1D-9, all relating to the West Virginia Alcohol and Drug-Free Workplace Act; definitions; statement of policy; requiring public improvement contractors to have and implement a drug-free workplace program that requires drug and alcohol testing; requiring a drug-free workplace policy to be posted at a public improvement construction site; requiring drug-free workplace records and contents be open for inspection; penalties; and providing that this article shall only apply to contracts awarded after this article takes effect.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Wells, Fanning, Boley, Oliverio, Foster, Barnes, Green, McKenzie, Hunter, Minard, Love, Jenkins, Prezioso, Stollings, Plymale, Edgell, White and Kessler:
Senate Bill No. 658--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a Stop Domestic Violence license plate for passenger vehicles and motorcycles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President), Plymale and Kessler:
Senate Bill No. 659--A Bill to amend and reenact §14-2A-3 and §14-2A-14 of the Code of West Virginia, 1931, as amended, all relating to crime victims' compensation.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Plymale, Jenkins and Love:
Senate Bill No. 660--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-413, relating to penalties for any person who manufactures, sells or dispenses controlled drugs classified in Schedules I, II or III which result in death from the injection, inhalation or ingestion of those drugs.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 661--A Bill to amend and reenact §61-3B-2 and §61-3B-3 of the Code of West Virginia, 1931, as amended, all relating to increasing penalties for certain criminal trespassing offenses.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 662--A Bill to amend and reenact §16-29B-17 of the Code of West Virginia, 1931, as amended, relating to requiring hospitals to report to the State Board of Health their charity policies, how the hospital publicizes their charity care policy and their collection policies for bad debt; and requiring the State Board of Health to adopt a charity care policy for free charity care for certain uninsured citizens by the first day of January, two thousand nine.
Referred to the Committee on Health and Human Resources.
By Senator Facemyer:
Senate Joint Resolution No. 13--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI by adding thereto a new section, designated section fifty-seven, relating to dedicating one percent of general revenue to the Division of Natural Resources to be used to fund activities intended to promote and preserve the state's wildlife resources and to fund law-enforcement activities involving the Division of Natural Resources; 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 Unger, Jenkins, Prezioso, Stollings and Kessler offered the following resolution:
Senate Concurrent Resolution No. 50--Requesting the Joint Committee on Government and Finance 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.
Which, under the rules, lies over one day.
Senators Foster, McCabe, Wells, Sprouse, Bailey, Green and Stollings offered the following resolution:
Senate Resolution No. 16--Recognizing the Children's Theatre of Charleston on its 75th anniversary.
Whereas, Miss Sarah Spencer, a teacher in the Kanawha County school system and an advocate for the exposure of children to live theater, founded the Children's Theatre of Charleston as an outgrowth of her drama class; and
Whereas, Miss Spencer believed, and the many volunteers at the Children's Theatre of Charleston still believe, that any type of exposure to theater, as an audience member, an actor or stagehand, greatly enriched the lives of all involved; and
Whereas, The Children's Theatre of Charleston was designated in 1961, by a Gubernatorial Proclamation to be the official Children's Theatre of West Virginia; and
Whereas, The Children's Theatre of Charleston continues to foster the dream of Miss Sarah Spencer by celebrating its seventy- fifth season of bringing art of theater to the child and the child to the center of the theater experience; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Children's Theatre of Charleston on its 75th anniversary; and, be it
Further Resolved, That the Senate expresses to the Children's Theatre of Charleston its best wishes for continued success as the official children's theater of West Virginia, by fostering the development, education and interest of children through the live theater experience; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Children's Theatre of Charleston.
At the request of Senator Foster, 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 resumed business under the sixth order.
Senators Plymale, Jenkins, Oliverio, Prezioso, Stollings, White and Kessler offered the following resolution:
Senate Resolution No. 17--Congratulating West Virginia teachers on obtaining certification from the National Board for Professional Teaching Standards.
Whereas, The mission of the National Board for Professional Teaching Standards is to advance the quality of teaching and learning by maintaining high and rigorous standards for what accomplished teachers should know and be able to do, providing a national voluntary system certifying teachers who meet these standards and advocating related education reforms to integrate National Board Certification in American education and to capitalize on the expertise of National Board Certified Teachers; and
Whereas, The National Board for Professional Teaching Standards offers 25 certificates that cover a variety of subject areas and student developmental levels and are applicable to more than 95 percent of America's teachers; and
Whereas, National Board Certification is the most prestigious credential a teacher can earn; and
Whereas, In 2007, the following teachers in West Virginia obtained certification from the National Board for Professional Teaching Standards: Sheila Cain, Catherine Burke, Tonya Ferguson, Mary Anne Morris, Mary Lind, Gale Boden, Nicole Montgomery, Pamela Hunter, Cathy Grewe, Michele Adams, Karen Greenfield, Diana Tucker, Heather Holbert, Vaughn Rhudy, Carolyn Carr, Kathryn Copley, Aleta Crotty, Lorren Jones, Linda Chapman, Amy Cowgill, Kimberly Hughes, Rhonda Estep, Nancy Holdsworth, Kim Pulice, Paula Wykle, Jill O'Dell, Marsha Roberts, Margaret Hattman, Luanna Moore, Chassie Barkley, Laura Vanhorn, Sharon Pitts, Bradley Sorge, Lisa Moser, Toni Hartung, Sandra Gilmore, Teresa Games, Valerie Carlsen, Kristi Barker, Tammy Mcknight, Karen Keener, Edna Flowers, Lori Woods, Anna Carpenter, Alyssa Mick, Barbara Coffman, Megan Johnson, Martha Randolph, Janet Sears, Lissa Dulick, Lezlie Barton, Blanca Skaggs, Leah Lewis, Diane Hayes, Donna Myers, Melanie Davis, Kathy Williams, Mary Pannone, Stephanie Runion, Rebecca Jones, William Gibson, Tina Cooper, Tonji Bowen, Misty Nelson, Cynthia Peel, Lisa Kerns, Victoria Kane, Lola Brown and Robert Crawford; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates West Virginia teachers on obtaining certification from the National Board for Professional Teaching Standards; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to each teacher named herein.
At the request of Senator Plymale, 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 resumed business under the sixth order.
Senators Prezioso, Stollings, McCabe, Minard, Oliverio, Jenkins, Edgell, White and Kessler offered the following resolution:
Senate Resolution No. 18--Designating February 13, 2008, as "Children's Day".
Whereas, West Virginia's children are the state's most precious resource; and
Whereas, It is our responsibility as a community to care for, protect and nurture our children; and
Whereas, It is our responsibility to promote the health, well- being, and education of our children as we prepare them for the challenges of adult life; and
Whereas, It is our responsibility to involve ourselves in seeking opportunities to serve the needs of our children in order to help them achieve their highest potential; and
Whereas, Our children are the future teachers, workers and leaders of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 13, 2008, as "Children's Day"; and, be it
Further Resolved, That the Senate recognizes its responsibility to the children of West Virginia and its commitment to their preparation for a productive future; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives of Prevent Child Abuse West Virginia, the West Virginia Healthy Kids & Families Coalition and the West Virginia Child Advocacy Network.
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 resumed business under the sixth order.
Petitions

Senator Stollings presented a petition from Jeannie McCleese and numerous West Virginia residents, supporting House Bill No. 3025 (Removing the ten year limitation on executing liens for child support).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 48, Requesting Division of Highways name bridge in Puritan Mines, Mingo County, "Rev. Glen and Gladys Merritt Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 49, Requesting Division of Highways name bridge in Mingo County "Private Lawrence Ooten Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 298, Updating definitions relating to child abuse and neglect.
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, 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)--31.
The nays were: None.
Absent: Fanning, Kessler and Sharpe--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 298) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 481, Authorizing physician assistants to conduct mental health hygiene process examinations.
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, 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)--31.
The nays were: None.
Absent: Fanning, Kessler and Sharpe--3.
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. 481) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 627, Designating terroristic threat as felony.
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, 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)--31.
The nays were: None.
Absent: Fanning, Kessler and Sharpe--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 627) 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 twelfth order of business.
Remarks were made by Senator Hunter.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe, Kessler and Fanning.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 14, 2008, at 11 a.m.
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