sdj-42nd day

WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FORTY-SECOND DAY
____________

Charleston, W. Va., Tuesday, February 19, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Allen Reasons, Senior Minister, Fifth Avenue Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, February 18, 2008,
On motion of Senator Wells, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4157--A Bill to amend and reenact §33-3-1 of the Code of West Virginia, 1931, as amended, relating to allowing an insurer to collect premiums and otherwise service certain policies after its license is no longer in effect.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4331--A Bill to amend and reenact §17B-2-1a, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and §17B-2-8 of the Code of West Virginia, 1931, as amended, all relating to the issuance of driver's licenses; disposition of surrendered licenses; issuance of an identification card to applicants who possess a valid driver's license; providing a reduced criminal penalty for violating the terms and conditions of a level one or level two graduated driver's license; defining exceptions for the use of the address of principle residence; removing an obsolete provision related to the issuance of a driver's license without a photo; providing for the use of a passport in lieu of a birth certificate; requiring an applicant to pay a fee for the third and subsequent attempt at the written examination prior to obtaining an instruction permit; and extending the validity of instruction permits from sixty days to ninety days.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4512--A Bill to amend and reenact §29-3D-2 of the Code of West Virginia, 1931, as amended, relating to providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 12--Designating Megalonyx Jeffersonii as the official state fossil.
Whereas, No fossil has been designated as the official state fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become increasingly widespread throughout the citizenry of this state, there currently being fossil, rock and gem clubs already organized in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and described fossil bones from a limestone cave in what is now Monroe County; and
Whereas, These bones were again described by Casper Wistar in 1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx Jeffersonnii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age or Pleistocene Epoch which lasted from 10,000 to 1.8 million years ago; and
Whereas, The designation of a state fossil would aid in the promotion of interest in geology, paleontology and history; and
Whereas, The bones afford an opportunity for special studies in American, State, and natural history for the students of the state; and
Whereas, Thirty-nine of the fifty states have an official state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That the fossil Megalonyx Jeffersonnii be declared and hereby designated as the official fossil of the State of West Virginia; and, be it
Further Resolved, That the Clerk of the House of Delegates is hereby requested to forward official copies of this resolution to the citizens and schools in the state.
Referred to the Committee on Natural Resources.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 19--Requesting the Division of Highways to rename Heritage Road, specifically Lincoln County Route 13/7, to "Guy Gillenwater Hollow".
Whereas, Guy Gillenwater grew up on Heritage Road which is located off Yeager Highway, Rt. S214 at Yawkey in Lincoln County approximately 8 miles at the foot of Sumerco Mountain; and
Whereas, Guy Gillenwater was one of thirteen brothers and sisters; and
Whereas, Guy Gillenwater was an outstanding and loyal citizen of the community who helped everyone in any way he could; and
Whereas, Guy Gillenwater was a loving husband and loving father who raised nine children, all of whom graduated from high school and currently live in the same vicinity; and
Whereas, Guy Gillenwater served in the Coal Conservation Camp during the depression and would send money home to help support his family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to rename Lincoln County Route 13/7 in Yawkey, "Guy Gillenwater Hollow"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at both ends of the road; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this Resolution to the Commissioner of Highways, the Lincoln County Commission and Guy Gillenwater.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 31--Requesting that bridge number 22-119-7.99(3179) located on Route 119 South immediately after crossing the Lincoln County line, be named the "Sgt. James Allen May Memorial Bridge".
Whereas, James Allen May was born and lived in Lincoln County, West Virginia and served admirably in the United States Marine Corps; and
Whereas, While serving in Vietnam, Sgt. May's company came under enemy fire, and he exhibited extreme valor and bravery following the death of the company commander; and
Whereas, Even though gravely wounded, James Allen May acted with selfless bravery for his country; and
Whereas, James Allen May was awarded the Silver Star Medal for gallantry and intrepidity in action for his service in the Vietnam War, as well as the Purple Heart for the serious injuries he sustained; and
Whereas, The State of West Virginia is grateful and proud of the service of Sgt. James Allen May; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 22-119-7.99(3179) located on Route 119 south just after crossing the Lincoln County Line, the "Sgt. James Allen May Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Sgt. James Allen May Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways, the United Mine Workers of America, and members of Sgt. James Allen May's family.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 34--Requesting the Joint Committee on Government and Finance study a four day work week consisting of ten hour days for city, county and state employees.
Whereas, Access to government entities is necessary and vital to effective and efficient government services; and
Whereas, Normal business hours limit peoples ability to access their government because citizens of this state are working during those hours too; and
Whereas, The rising cost of gas prices puts a strain on government employees finances and limiting the number of times they must drive to work will leave more income at their disposal; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effect a four day work week consisting of ten hour days for city, county and state employees would have on government access; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Finance; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 35--Requesting the Division of Highways to name the Dickson beam-span bridge, crossing Twelve Pole Creek, just off Route 152, Dickson, West Virginia, identification #50-152-3839 (3542), the "Noah Stephens Bridge".
Whereas, Noah Stephens was born February 29, 1924, the tenth child of Tolbert and Effie Stephens, in Wayne County, West Virginia. Noah's father was a hardworking farmer and his mother was a midwife who traveled the county helping mothers in childbirth; and
Whereas, Noah Stephens's work ethic and resiliency were forged early growing up as a child in the Great Depression, and then put to the test in World War II when Japan attacked Pearl Harbor on December 7, 1941; and
Whereas, Two months before graduating high school, Noah Stephens, after turning eighteen, rode a bus to Columbus, enlisted in the Army, and earned a GED in bootcamp; and
Whereas, Noah Stephens was shipped out to England, eventually landing in France in June, 1944, for the Normandy D-Day invasion; and
Whereas, After the breakthrough in Normandy, Noah Stephens was assigned to the 94th Infantry Division, 302 Regiment, Company L, Second Platoon in Le Havre, France, where he began fighting his way into Germany; and
Whereas, On December 16, 1944, the Germans launched a surprise counter-offensive, known as the Battle of the Bulge, which took the allies completely by surprise. The Germans hit the center of the allied lines at the thinly held Ardennes with over a quarter of a million men; and
Whereas, Within eight days the Germans had cut deeply into allied territory. Noah and his platoon were surrounded for eleven days. At times, the temperature dipped to minus thirty-five degrees below zero. Their food supply dwindled to seven cans of C- rations. The men were forced to lay low, taking shelter in foxholes dug from the frozen solid earth; and
Whereas, On Friday, February 16, 1945, the Wayne County News published the following account:"Mr. and Mrs. Tolbert Stevens (sic) have received word that their son, Pvt. Noah Stevens (sic), has been missing in action in France since January 21. He had been in service about 2 years"; and
Whereas, In fact, Noah and twenty other men had survived enemy fire, hunger and the bitter cold, to cross the enemy lines and make it back to allied territory. The surviving twenty three men were sent to a hospital in Birmingham, England, where eighteen of them required amputations due to extreme frostbite. Noah was so badly frostbitten he was scheduled to have both feet amputated. He refused, later healed, and became one of only five men in his entire platoon to not undergo an amputation; and
Whereas, Believing their son, Noah Stephens, had been dead since January, his parents were overjoyed to receive a letter from him in March relating his struggle and improbable survival; and
Whereas, On March 30, 1945, the Wayne County News ran an updated article on Noah Stephens being awarded the Silver Star and Combat Infantry Badge for his gallantry in action in an attack on the town of Tettington, Germany, with the 94th Infantry Division. Noah also received the Purple Heart, the Good Conduct Medal, and three campaign stars for service in Northern France, the Ardennes, and the Rhineland; and
Whereas, Upon his return from service in World War Two, Noah Stephens married his sweetheart Lorene Russell and they started a family. Within a year their first son Lemuel was born, followed by sons Gary and Delmas and a daughter named Shelia; and
Whereas, In order to provide for his family, Noah began working in the coal mines, then worked in the factories of Detroit and Columbus, and finally attended trade school in Huntington, on the GI Bill, to become a machinist; and
Whereas, Noah Stephens went on in life to become both a successful family man and businessman, owning his own trucking and building companies, surviving hardship and family illness and, after more than fifty two years, is still married to, loving and caring for his wife Lorene; and
Whereas, Imbued by their parents with a strong work ethic, Noah and Lorene's children have all gone on to become successful entrepreneurs. It is fitting that they thought to honor their father, who will be eighty four years old on February 29, 2008, by seeking to memorialize his honorable life by naming the Dickson bridge after and dedicating it to him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the Dickson beam-span bridge, crossing Twelve Pole Creek, just off Route 152, Dickson, West Virginia, identification #50-152-3839 (3542),the "Noah Stephens Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of Highways, to the Wayne County Commission, and to the family of Noah Stephens.
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 42--Providing for the renaming of Fairgrounds Road located in Cabell County "Bill Blenko Drive".
Whereas, William Blenko, a West Virginian, was born in Lanchester, Ohio, on May 24th, 1921; and
Whereas, The Blenko Glass Company is a vital part for both the Milton area and the State of West Virginia; and
Whereas, Mr. Blenko has worked tirelessly promoting the Blenko Glass Company and Milton, West Virginia. The fans and supporters of Blenko Glass Company wish to express their fondness and appreciation of Mr. William H. Blenko Jr.; and
Whereas, William Blenko took over the helm of Blenko Glass after his father William H. Blenko Sr. passed away in 1969. Hard work and fair deals were the ethos of Mr. Blenko, learned not only from his father, but his grandfather as well. He steered his company from uncertainty to stability and success. Today, he is leading the company into this new millennium with the same determination that has made Blenko Glass the leading business in Milton, West Virginia, since 1921; and
Whereas, When so many factories closed and moved to other locales, Mr. Blenko held firm in his belief that Blenko Glass would not be Blenko Glass anywhere but in Milton, West Virginia. His devotion to Milton and its people has created a symbiotic relationship between factory and township; and
Whereas, Even today Mr. Blenko continues helping his beloved Milton, West Virginia. Ever mindful of possibilities Mr. Blenko has tied any company cooperation with collectors with this most important point: Fans and collectors of the famous Blenko Glass must come to Milton, West Virginia, for their annual convention; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to rename Fairgrounds Road located in Cabell County "Bill Blenko Drive"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a copy of this resolution to the Secretary of the Department of Transportation and the family of William H. Blenko.
Referred to the Committee on Transportation and Infrastructure.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON

February 15, 2008

Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Director, Division of Personnel, Otis Cox, Webster Springs, Webster County, to serve at the will and pleasure of the Governor.
2.For Member, Board of Pharmacy, Rebekah Cookman, Romney, Hampshire County, for the term ending June 30, 2012.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on Confirmations and incorporated with the executive 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Joint Resolution No. 12, Proposing amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Joint Resolution No. 12 (originating in the Committee on the Judiciary)--Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof, by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of personal property in the form of manufacturing inventory; authorizing the exemption from ad valorem taxation of other tangible personal property; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
With the recommendation that the committee substitute be adopted; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution (Com. Sub. for S. J. R. No. 12), 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. 265, Creating Special Aircraft Property Valuation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 265 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-4a, §11-6H-5, §11-6H-5a, §11-6H-6 and §11-6H-7, all relating to the method of valuation of certain aircraft; providing definitions; providing methodology for valuation of certain aircraft; stating that the initial determination of valuation is to be made by the county assessor; providing for an initial determination by the Board of Public Works for certain aircraft; authorizing the protest and appeal of the assessor's decision; providing for an appeal to the Board of Public Works; requiring an economic report on the economic benefit of the valuation methodology; and providing an effective date.
And,
Senate Bill No. 474, Creating limited sales tax holiday for certain Energy Star appliance purchases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 474 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to providing a limited annual exemption from the consumers sales and service tax for purchases of eligible specified exempt Energy Star qualified products; specifying time period for exemption; and specifying definition.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, 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. 462, Raising mental health refusal age of consent.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 462 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §27-4-1 and §27-4-3 of the Code of West Virginia, 1931, as amended, all relating to raising the age of consent that a minor may refuse mental health treatment from twelve to eighteen; and clarifying that the state not be obligated to pay for voluntary hospitalization.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, 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. 493, Granting emergency election powers to Secretary of State.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 493 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of State to implement emergency procedures to ensure the integrity of the election process in times of natural disaster, terrorist attack, war or general emergency.
Senate Bill No. 494, Providing voter verification through electronic poll book.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 494 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-4A-2, §3-4A-10, §3-4A-13, §3-4A-16, §3-4A-17, §3-4A-19, §3-4A-28 and §3- 4A-33 of the Code of West Virginia, 1931, as amended, all relating to allowing election officials to use an electronic poll book containing voter registration information to verify that registered voters are eligible to vote in an election; defining terms; providing for storage, protection and maintenance of electronic poll books by county clerk; providing for use of electronic poll book to verify eligibility of voter; requiring election official to notify person not shown in electronic poll book to eligible to vote of the correct precinct; requiring pre-election examination of electronic poll books; and requiring use of printed poll book if electronic poll book is not in working order.
And,
Senate Bill No. 495, Requiring certain poll worker training.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 495 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1-46 of the Code of West Virginia, 1931, as amended, relating to requiring training programs for election officials to be conducted within thirty days before an election.
With the recommendation that the three committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bills (Com. Sub. for S. B. Nos. 493, 494 and 495), under the original double committee references, were 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. 595, Establishing education goals and objectives for 2020.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 667, Relating to policemen's and firemen's pension and relief funds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 667 (originating in the Committee on Pensions)--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 pensions 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.
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,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 667), under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting Division of Highways name bridge in Beaver, Raleigh County, "Major Jeff L. Davis Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 18, Requesting Division of Highways name bridge in Martinsburg, Berkeley County, "Dr. C. Vincent Townsend, Sr., Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 22, Requesting Division of Highways name bridge in Clarksburg, Harrison County, "PFC Hotty Herrick Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 30, Requesting Division of Highways name section of Interstate 70 in Wheeling, Ohio County, "Doc and Chickie Williams Country Music Royal Couple Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 37, Requesting Division of Highways name bridge in Diana, Webster County, "David Daniel Hamrick Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 38, Requesting Division of Highways name bridge in Trace Fork, Kanawha County, "Private Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting Division of Highways name bridge in Hemphill, McDowell County, "Charles Spencer Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 40, Requesting Division of Highways name bridge in Cabell County, "Phyllis E. Given Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 145, Relating to reasonable force in defense of self, real and personal property.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 145) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 145) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 201, Providing terms for certain retirement benefits disqualification.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 201) 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. 207, Relating to Deputy Sheriff Retirement System Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 207) 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. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 208) 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. 301, Relating to State Police Retirement Fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 301) 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. 545, Relating to tax administration efficiency.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 545) 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. 596, Relating to Streamlined Sales and Use Tax Agreement.
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, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 596) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 596) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 673, Making supplementary appropriation to Department of Health and Human Resources.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 674, Making supplementary appropriation to Department of Administration and Department of Military Affairs and Public Safety.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 674) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 674) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4327) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4327--A Bill to amend and reenact §47-20-12a of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-21-12 of said code, all relating to charitable bingo and charitable raffles; amending the range of compensation which may be paid to operators of charitable bingo and charitable raffles; and amending the range of compensation which may be paid to concession workers.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating to Dental Practice Act generally.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 156, Providing tuition waivers for children and spouses of certain National Guard and active duty military personnel.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 165, Relating to school employees' donated personal leave days.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Facemyer, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 305, Clarifying procedures for seizing neglected or abused animals.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Barnes, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 317, Updating physician and podiatrist licensing requirements.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
On page ten, section ten, after line one hundred sixty-two, by inserting two new subsections, to read as follows:
(e) Notwithstanding any of the provisions of this article, the board may issue a restricted license to an applicant in extraordinary circumstances under the following conditions:
(1) Upon a finding by the board that based on the applicant's exceptional education, training and practice credentials, the applicant's practice in the state would be beneficial to the public welfare;
(2) Upon a finding by the board that the applicant's education, training and practice credentials are substantially equivalent to the requirements of licensure established in this article;
(3) Upon a finding by the board that the applicant received his or her post-graduate medical training outside of the United States and its territories;
(4) That the restricted license issued under extraordinary circumstances is approved by a vote of three fourths of the members of the board;
(5) That orders denying applications for a restricted license under this subsection are not appealable; and
(6) That the board report to the President of the Senate and the Speaker of the House of Delegates all decisions made pursuant to this subsection and the reasons for those decisions.
(f) The board shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code that establish and regulate the restricted license issued to an applicant in extraordinary circumstances pursuant to the provisions of this section.;
And,
Relettering the remaining subsections.
The bill (S. B. No. 317), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 325, Relating to state employee deferred compensation plan.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 465, Eliminating Business Franchise Tax.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Helmick, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 570, Allowing county commissions' involvement in joint development efforts.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 579, Appointing additional nonresident members to Bluefield's sanitary board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 606, Requiring hiring preference for summer school program positions.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 590, Protecting health care workers.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 775, Relating to state parks and state forests.
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 Caruth, Oliverio, McCabe, Facemyer, Sprouse, Hunter, Bowman and Stollings.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senators Caruth, Facemyer, Sprouse and Oliverio were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Love.
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, Wednesday, February 20, 2008, at 11 a.m.
____________