WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
THIRTY-SIXTH DAY
____________
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.
____________