WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRTY-SEVENTH DAY

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Charleston, W. Va., Thursday, February 14, 2008

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

Prayer was offered by Dr. D. W. Cummings, Pastor, Bethlehem Apostolic Temple, Wheeling, West Virginia.
Pending the reading of the Journal of Wednesday, February 13, 2008,
On motion of Senator Sypolt, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Com. Sub. for Senate Concurrent Resolution No. 20, Urging Congress pass legislation protecting public from toxic and hazardous imports.
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. 4329--A Bill to amend and reenact §17A-3-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-10-3 of said code, all relating to registration fees for vehicles; allowing a registrant to register a Class G vehicle for a two-year period; requiring registration for at least one full year; and providing for alternative methods of payment of fees.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4348--A Bill to amend and reenact §22A-1-4 of the Code of West Virginia, 1931, as amended, relating to adding language to the code for fees that are already imposed for tests and certificates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4423--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer or an authorized representative.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4478--A Bill to amend and reenact §18A-5-8 of the Code of West Virginia, 1931, as amended, relating to authority of certain aides to exercise control over students; compensation; transfers and limitations thereof; and expanding the classifications of service personnel for which transfers during the instructional term are limited.
Referred to the Committee on Education.
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 13th day of February, 2008, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 459), Authorizing rules of School Building Authority and Higher Education Policy Commission.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 145, Relating to reasonable force in defense of self, real and personal property.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 145 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §55-7-22 of the Code of West Virginia, 1931, as amended, relating to clarifying that reasonable and proportionate force may be used to protect one's self or another from an intruder or attacker while lawfully in one's residence or that of another; codifying the common law doctrine that a lawful occupant within a home or residence has no duty to retreat from an intruder or attacker; clarifying that the use of reasonable and proportionate force, including deadly force, may be used against an intruder or attacker by one not engaged in unlawful activity in any place other than a home or residence where the person reasonably believes the intruder or attacker intends to kill or inflict serious bodily harm; establishing that use of reasonable and proportionate force to defend oneself is a full and complete defense civilly to an action brought by an intruder or attacker based upon the use of such force; and exceptions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Michael A. Oliverio II,
Vice Chair.
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. 201 (originating in the Committee on Pensions), Providing terms for certain retirement benefits disqualification.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 201 (originating in the Committee on Finance)--A Bill to amend and reenact §5-10A-2, §5-10A-3, §5-10A-4, §5-10A-5, §5-10A-6, §5-10A-7 and §5-10A-8 of the Code of West Virginia, 1931, as amended, all relating to disqualification for public retirement benefits; adding the definition of "former participant"; providing for termination of retirement benefits in all public retirement plans of former and present participants who have rendered less than honorable service; and providing for retention of vested employer contributions for members of the Teachers' Defined Contribution Retirement System whose benefits are terminated for less than honorable service.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 207, Relating to Deputy Sheriff Retirement System Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 207 (originating in the Committee on Finance)--A Bill to amend and reenact §7-14D-7, §7- 14D-9c, §7-14D-14, §7-14D-15, §7-14D-16, §7-14D-23, §7-14D-24 and §7-14D-30 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act; correcting errors; permitting rollovers of any dollar amount; providing for an onset date for disability retirement benefits; providing for termination of disability retirement benefits of a retirant who refuses to submit to a medical examination or provide a certification statement by his or her physician of continued disability; removing option for term insurance to repay loan; providing for subsequent loan on repayment of prior loan; clarifying eligibility requirements of certain sheriffs; and permitting collection of fees for late payment from employers.
And,
Senate Bill No. 301, Relating to State Police Retirement Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 301 (originating in the Committee on Finance)--A Bill to amend and reenact §15-2A-2, §15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c, §15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11, §15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15, §15-2A-17 and §15-2A-19 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia State Police Retirement Fund; adding, deleting and modifying definitions; specifying the title of West Virginia State Police Retirement System; clarifying the usage of the terms "employee", "member" and "retirant or retiree" as defined; clarifying the usage of the terms "fund", "plan", "system" or "retirement system" as defined; clarifying the usage of the term "base salary" as defined; clarifying the usage of the term "agency" as defined; 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 usage of the term "surviving spouse" as defined; clarifying surviving spouse payments when calculating the pro rata share of annuity adjustments; specifying the time frame that a retirant may receive deferred annuity payments; clarifying the age requirement for a retirant receiving a duty disability annuity; requiring the base salary of a member receiving a duty disability annuity to be annualized until the member has worked twelve months; specifying the title of the West Virginia Insurance Commission; clarifying the time frame for which a duty disability retirant receives a retirement benefit; specifying that disability petitions certify the job description of an employee applying for a disability retirement; specifying the time frame for receipt of awards and benefits to dependents of deceased employees; clarifying that death awards and benefits be calculated for the last full twelve-month employment period; requiring that death awards and benefits be paid to a named beneficiary or to the estate of the deceased member if there is no surviving spouse or dependents; eliminating duplicate language referring to a single receipt of state retirement benefits; and adding provisions specifying the time frame for receipt of beneficiary payments.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 208 (originating in the Committee on Finance)--A Bill to amend and reenact §5-10C-3, §5- 10C-4 and §5-10C-5 of the Code of West Virginia, 1931, as amended, all relating to government employees retirement plans; adding the West Virginia Emergency Medical Services Retirement System to, and clarifying that all other retirement systems administered by the Consolidated Public Retirement Board are included in, the definition of retirement systems for purposes of the employer pick- up provisions; clarifying that all participating public employers in retirement systems covered by this article are included in the definition of participating public employer; and setting forth requirements for member contributions to be picked up for federal tax purposes by participating public employers in retirement systems covered by this article in accordance with revised guidance relating to same from the Internal Revenue Service.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Hunter, from the Committee on Energy, Industry and Mining , submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 216, Eliminating coalbed methane tax exemption under Severance and Business Privilege Tax Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 216 (originating in the Committee on Energy, Industry and Mining )--A Bill to amend and reenact §11-13A-3d and §11-13A-20a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11-13V-4a; and to amend and reenact §31-15A-16 of said code, all relating to equalization of natural gas and coalbed methane taxation; terminating the severance and business privilege tax exemption for production of coalbed methane with certain limited exceptions; specifying that coalbed methane is taxed as natural gas for purposes of the Severance and Business Privilege Tax Act and the Workers' Compensation Debt Reduction Act with limited exceptions; authorizing Tax Commissioner to promulgate rules; requiring portion of tax be used for infrastructure projects; providing that seventy-five percent of dedicated funds be used in counties producing coalbed methane; providing that remaining twenty-five percent of dedicated funds be shared equally by counties not producing coalbed methane; and providing effective dates.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bill (Com. Sub. for S. B. No. 216), under the original double committee reference, was 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. 291, Appointing additional circuit court judge to Pendleton, Hardy and Hampshire counties.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 291 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing additional circuit court judges to the ninth, twenty-second and twenty-fourth judicial circuits.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Michael A. Oliverio II,
Vice Chair.
The bill (Com. Sub. for S. B. No. 291), under the original double committee reference, was then referred to the Committee on Finance.
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. 465, Eliminating Business Franchise Tax.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
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. 545, Relating to tax administration efficiency.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 545 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §11-10-5z and §11-10-7d; to amend and reenact §11-12-5 of said code; to amend said code by adding thereto a new section, designated §11-15-9j; to amend and reenact §11-15-16 of said code; and to amend and reenact §11-21-74 of said code, all relating to tax administration efficiency and technical advancements; requiring electronic filing of tax returns when the taxpayer meets a certain threshold amount of taxes due; authorizing combined tax assessments; authorizing promulgation of rules to determine the application of partial payments of taxes; authorizing the limitation on assessments to apply separately to each tax in a combined assessment; authorizing the recordation of one lien for all taxes in a combined assessment; allowing assertion of the consumers sales and use tax exemptions authorized under section nine-i, article fifteen, chapter eleven of the Code of West Virginia to be asserted by use of a direct pay permit; prohibiting filing incomplete business registration certificate; specifying the time period for which the business registration certificate is granted; specifying authority of the Tax Commissioner to suspend or cancel certificate; eliminating the periodic biennial business registration certificate renewal requirement; specifying a penalty applied upon issuance, renewal or reinstatement of the business registration certificate pursuant to involuntary cancellation, revocation or suspension of the business registration certificate; prohibiting filing incomplete returns for consumers sales and service tax and use tax; requiring the Tax Commissioner to design a combined reporting form; requiring taxpayers to use the form specified by the Tax Commissioner; authorizing the Tax Commissioner to promulgate necessary rules; and prohibiting filing incomplete filing of withholding tax returns.
And,
Senate Bill No. 596, Relating to Streamlined Sales and Use Tax Agreement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 596 (originating in the Committee on Finance)--A Bill to repeal §11-15B-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2, §11-15B-2a, §11-15B-2b, §11-15B-10, §11-15B-11, §11-15B-12, §11-15B-14, §11-15B-14a, §11-15B-15, §11-15B-18, §11-15B-19, §11-15B-20, §11-15B-24, §11-15B-25, §11-15B-26, §11-15B-27, §11-15B-28, §11-15B-30 and §11-15B-32 of said code, all relating to Streamlined Sales and Use Tax Agreement and the West Virginia consumers sales and service tax and use tax; defining terms; specifying applicable dates; specifying procedures; providing relief from liability in specified circumstances; specifying certain sourcing rules; specifying interpretation; specifying discovery criteria; specifying monetary allowance criteria; and specifying effective date.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 567, Regulating all-terrain vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 567 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17F-1-1, §17F-1-3, §17F-1-7 and §17F-1-9 of the Code of West Virginia, 1931, as amended, all relating to the regulation of all-terrain vehicles; prohibiting operation on paved roads or highways; and providing for regulation of all-terrain vehicles by local government authorities.
 With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 567), 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 were introduced, read by their titles, and referred to the appropriate committees:
 By Senators Edgell, Unger and Love:
Senate Bill No. 663--A Bill to amend and reenact §18A-4-8a of the Code of West Virginia, 1931, as amended, relating to school service personnel; and increasing the pay grade of cafeteria managers.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bailey, Love, Oliverio, Kessler and Minard:
Senate Bill No. 664--A Bill to amend and reenact §61-7-6 of the Code of West Virginia, 1931, as amended, relating to exempting family court judges and magistrates from the licensing requirements for carrying a concealed weapon.
Referred to the Committee on the Judiciary.
By Senators Wells, Bowman, Oliverio, Sypolt, Prezioso, McCabe, McKenzie, Yoder, Facemyer, Bailey, Green, Hall, Fanning, Love, Stollings, Caruth, Tomblin (Mr. President), Minard, Deem and Plymale:
Senate Bill No. 665--A Bill to amend and reenact §6-7-1 of the Code of West Virginia, 1931, as amended, relating to payment of salaries to state employees.
Referred to the Committee on Finance.
By Senators Bailey, Yoder, Chafin, Minard and Hunter:
Senate Bill No. 666--A Bill to amend and reenact §47-21-15 of the Code of West Virginia, 1931, as amended, relating to permitting a fraternal organization to use proceeds from charitable raffles in any manner consistent with its charter and not contrary to law.
Referred to the Committee on Finance.
By Senators Foster, Plymale, Jenkins and Minard:
Senate Bill No. 667--A Bill to amend and reenact §8-22-16, §8- 22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22- 23a, §8-22-25, §8-22-26a and §8-22-27 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto three new sections, designated §8-22-18a, §8-22-18b and §8-22-19b; and to amend and reenact §33-3-14d and §33-3-33 of said code, all relating to municipal policemen's and firemen's pension and relief funds; amending calculation of overtime for compensation and average adjusted salary for new employees; requiring additional duties of fund trustees; creating the West Virginia Municipal Pensions Oversight Board; specifying powers, duties, liabilities and compensation of oversight board members; requiring reporting on local pension funds' investment returns; creating the West Virginia Municipal Pensions Security Fund; transferring certain duties from the State Treasurer to the oversight board and providing for efficient transition; requiring municipal contributions on a monthly basis; requiring deposits of certain revenues within five days of receipt; increasing employee contributions to the pension and relief funds for new employees to nine and one-half percent of salary and permitting voluntary, irrevocable increases over two years for existing active members; requiring increased volunteer contributions to receive certain insurance premium tax revenues; setting times for deposits; requiring certain payments by electronic funds transfer; providing for education, notice and agreement to increase member contributions over two years; reducing time to qualify for insurance premium tax revenues from three years to eighteen months; providing for annual actuarial report, for periodic review of the actuarial process and for periodic actuarial audit; setting minimum standards for annual municipality contributions to pension funds; establishing target funding ratios of eighty, ninety and one hundred percent of unfunded liabilities; requiring municipal contributions based on demographic and investment experience; eliminating alternative funding method; defining terms; providing for contract actuary; requiring report; authorizing local pension boards of trustees to investment with the state Investment Management Board and Board of Treasury Investments; requiring compliance with the Uniform Prudent Investor Act; amending authorized investments; requiring reporting of municipal board's investment policy; requiring reporting of fees and transactions costs; providing for disability examinations; restricting access by examining physician to prior disability examination reports; requiring completion of investigation of charge and implementation of disciplinary action by board of trustees prior to consideration of disability retirement; authorizing light-duty work at discretion of the municipality and the employee; requiring reports on disability retirements; providing for vesting after ten years; clarifying supplemental benefits; defining solvency; clarifying military service credit; reallocating revenues from the additional fire and casualty insurance premium tax and returning surcharge on fire and casualty insurance policies to one percent to benefit municipal policemen's and firemen's pension and relief funds; providing for deposits into Municipal Pensions Security Fund and for transfer of duties to Municipal Pensions Oversight Board; providing for interest; requiring information sharing; establishing minimum standards for employer contributions to plans funded at one hundred ten percent or more; restricting premium tax revenue to plans funded less than one hundred ten percent of accrued liability; providing for disbursement by Insurance Commissioner; providing for interest; providing for retention and investment of certain funds from insurance policy surcharge for five years for the benefit of municipal policemen's and firemen's pension and relief funds; setting requirements to qualify for insurance premium surcharge proceeds; providing for distribution; and setting dates.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Prezioso, Oliverio and Kessler:
Senate Bill No. 668--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating generally to driving under the influence; requiring mandatory community service for persons convicted of driving under the influence of alcohol, controlled substances or drugs; and requiring a registry of persons convicted to be maintained by the State Police.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Helmick, Love, Minard, Plymale and Edgell:
Senate Bill No. 669--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 Helmick and Love:
Senate Bill No. 670--A Bill to amend and reenact §7-22-12 of the Code of West Virginia, 1931, as amended; to amend and reenact §8-13B-11 of said code; and to amend and reenact §8-38-12 of said code, all relating to special district excise tax authorization; rates of such tax; electronic filing of returns and electronic payment of such tax at the discretion of the Tax Commissioner; and sharing of tax information and confidentiality of such information.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Deem:
Senate Bill No. 671--A Bill to amend and reenact §14-2-8 of the Code of West Virginia, 1931, as amended, relating to increasing the compensation of the presiding judge of the Court of Claims.
Referred to the Committee on Finance.
By Senators Bowman, Prezioso, Jenkins, Kessler, Stollings, Unger, Foster and Plymale:
Senate Bill No. 672--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17B-3-13, relating to motor vehicle driver's licenses generally; providing for discretionary reporting by health care providers of conditions or disorders rendering licensed individuals incompetent to drive; and providing for health care provider immunity from liability for such reporting.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
Senators Unger, Oliverio, Stollings, Foster, Hunter and Kessler offered the following resolution:
Senate Concurrent Resolution No. 51-- Urging the United States Congress declare an annual commemorative National Miner's Day.
Whereas, Around the clock, second by second, miners risk life and limb during their labors; and
Whereas, The foundations and trappings of civilization are constructed from, and sustained with, the materials procured with their sweat and blood; and
Whereas, Without these selfless and dedicated miners human society could never have progressed, nor continued to function; and
Whereas, Miners in the United States have labored long and hard over the 231 years of our great country's existence and have achieved, provided and sacrificed much in those two centuries; and
Whereas, On December 6, 2007, Miner's Day was observed in West Virginia for the second time since its creation by the West Virginia Legislature; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to declare an annual commemorative National Miner's Day; and, be it
Further Resolved, That the Legislature expresses great thanks to the miners that risk their lives everyday for the betterment of our great state and country; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of the West Virginia delegation to the United States Congress.
Which, under the rules, lies over one day.
Senators Wells, Prezioso and Kessler offered the following resolution:
Senate Concurrent Resolution No. 52--Requesting the Division of Highways name bridge number 25-24-4.31 on Route 17 crossing the Big Paw Paw Creek in Marion County the "Seaman 1st Class Clyde Richard Wilson Memorial Bridge".
Whereas, Clyde Richard Wilson was born October 31, 1918, in Marion County; and
Whereas, Clyde Richard Wilson served his country by enlisting in the Navy; and
Whereas, Sadly, Clyde Richard Wilson lost his life in the service of his country at Pearl Harbor when the battleship USS West Virginia was sunk by the Japanese; and
Whereas, Clyde Richard Wilson was raised in a home that no longer exists, which was located across from this bridge; and
Whereas, It is fitting, to honor Clyde Richard Wilson for making the ultimate sacrifice to his state and country, by naming bridge number 25-24-4.31, in Marion County, on Route 17, crossing the Big Paw Paw Creek, the "Seaman 1st Class Clyde Richard Wilson Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 25-24-4.31 on Route 17 crossing the Big Paw Paw Creek in Marion County the "Seaman 1st Class Clyde Richard Wilson 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 "Seaman 1st Class Clyde Richard Wilson 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 to the family of Clyde Richard Wilson.
Which, under the rules, lies over one day.
Petitions

Senator Unger presented a petition from Beth Anderson and six second grade teachers at Opequon Elementary School, relating to numerous salary and retirement concerns.
Referred to the Committee on Pensions.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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
Senate Bill No. 673 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated surplus balance in the State Fund, General Revenue, to the Department of Health and Human Resources - Division of Human Services, fund 0403, fiscal year 2008, organization 0511, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
And,
Senate Bill No. 674 (originating in the Committee on Finance)- -A Bill making a supplementary appropriation of public moneys out of the Treasury from the balance of moneys remaining as an unappropriated balance in the State Fund, General Revenue, to the Department of Administration - Office of the Secretary, fund 0186, fiscal year 2008, organization 0201, and to the Department of Military Affairs and Public Safety - Department of Military Affairs and Public Safety - Office of the Secretary, fund 0430, fiscal year 2008, organization 0601, by supplementing and amending chapter twelve, Acts of the Legislature, regular session, two thousand seven, known as the Budget Bill.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
 The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 50, Requesting Joint Committee on Government and Finance study recruitment and retention of volunteer firefighters.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization; and then to the Committee on Rules.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 9, Mandating firearm safety program in public schools.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 193, Allowing lenders' sale of membership plans.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
 Senate Bill No. 290, Creating felony offense of unauthorized practice of certain health care professions.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
 The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Oliverio and Chafin.
Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Prezioso were ordered printed in the Appendix to the Journal.
At the request of Senator Hunter, unanimous consent being granted, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.
At the request of Senator Oliverio, and by unanimous consent, the Senate stood in observance of a moment of silence in recognition of the passing of George Kessler, brother of the Honorable Jeffrey V. Kessler, a senator from the second district, and Patricia Guills Price, sister of the Honorable Jesse O. Guills, a senator from the tenth district.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, the name of Senator Unger was removed as a sponsor of Senate Bill No. 540 (Providing certain volunteer emergency medical services' personnel license waiver).
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 15, 2008, at 11 a.m.
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