WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 20, 2008

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

Prayer was offered by the Reverend Father Leon Alexander, St. Francis de Sales Catholic Church, Morgantown, West Virginia.
Pending the reading of the Journal of Tuesday, February 19, 2008,
On motion of Senator Kessler, 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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4385--A Bill to amend and reenact §4-2-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §30-1A-1, §30-1A-2, §30-1A-3, §30-1A-4, §30-1A-5 and §30-1A-6 of said code, all relating to the powers and duties of the Legislative Auditor; authorizing audits of state funds, including funds derived from a state controlled function; providing legislative intent as to proposals for regulating professions and occupations; allowing reports to be conducted by the Legislative Auditor by request; providing recommendations the Legislative Auditor may make in reports; and expanding the time period during which legislation may be considered before reapplication for regulation of a profession or occupation.
Referred to the Committee on Government Organization.
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. 4411--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-29-6; and to amend and reenact §22-15-22 of said code, all relating to the regulation of land-based aquaculture facilities; exempting aquaculture facilities from certain sludge management requirements; and providing the Commissioner of Agriculture rule-making authority to promulgate rules after consultation with the Department of Environmental Protection, concerning the disposal or application of waste produced from an aquaculture facility.
Referred to the Committee on the Judiciary.
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. 40--Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River.
Whereas, West Virginia is a state with a rich hunting heritage; and
Whereas, Since the creation of the New River Gorge National River in 1979, hunters, fishermen and outdoorsmen of all kinds have enjoyed the area for recreational purpose; and
Whereas, The National Park Service is considering prohibiting hunting in areas controlled by the New River Gorge National River by designating it a wilderness area; and
Whereas, The prohibition of hunting in the New River Gorge National River area would have a drastic impact, not only with the continuation of West Virginia's hunting traditions, but would impact the economic stability of the area; and
Whereas, The West Virginia Division of Natural Resources strongly opposes any attempt to abolish hunting in the New River Gorge National River area, and believes that the National Park Service should place additional emphasis on the active management of all wildlife in the area. If the animal population of the area is not controlled, consequences such as malnutrition, disease and increased animal-human conflict, along with the elimination of plant species could be disastrous. Hunting is a valuable management tool to these concerns; and
Whereas, Our delegation to the United States Congress should enact legislation that would prohibit any superintendent of director of our National Parks from solely deciding whether a park or any part thereof should be a wilderness area, recreational area, or an area that permits hunting; therefore, be it
Resolved by the Legislature of West Virginia:
That the House of Delegates hereby requests the Park Services to continue to permit hunting in the New River Gorge National River area; and, be it
Further Resolved, That the House of Delegates is concerned about the economic impact that prohibiting hunting in the New River Gorge National River would have on a tri-county area; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the director of National Park Service, the members of the West Virginia Delegation to the United States Congress and to the Superintendent of the New River Gorge National River.
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. 41--Urging the United States Congress to protect state regulation of the business of insurance.
Whereas, State insurance regulators have ensured the solvency of this nation's insurers, implemented a comprehensive consumer protection scheme, licensed insurance companies and agents, and supervised other areas of insurance business for over one hundred fifty years; and
Whereas, State insurance regulation has been largely successful and effective, has adapted to changes in the marketplace, and encourages innovation; and
Whereas, State legislatures and state insurance regulators are more responsive to the needs of consumers and are more aware of and responsive to the unique characteristics and demands of individual states; and
Whereas, Governors, state legislators, and insurance commissioners have acknowledged the need to streamline and simplify insurance regulation and are working to enact reforms to remedy the unnecessary differences in state laws and eliminate requirements that prevent insurers and agents from serving the needs of insurance consumers in an effective and timely manner; and
Whereas, Many states, including West Virginia, regularly update state insurance laws and have recently enacted legislation that enables the insurance industry to more effectively respond to changing market conditions; and
Whereas, The 109th Congress of the United States is expected to consider legislation that would establish an entirely new insurance regulatory system at the federal level and threaten the continued viability of the state system in the process; and
Whereas, A new and untested federal insurance regulatory system would almost certainly be more remote and politicized and less accessible and responsive than the current state system; and
Whereas, If enacted by the Congress of the United States, these proposals would bifurcate insurance regulation between the states and federal government, undermining the state system of consumer protections and financial surveillance, as well as inevitably causing a loss of jobs, taxes, fees and other vital and necessary state revenues needed to effectively regulate the insurance market and provide revenues to support residual market programs; and
Whereas, A dual regulatory structure will create consumer confusion and result in a regulatory race to bottom; and
Whereas, Insurance companies paid approximately $105 million in premium taxes to West Virginia in 2006, and a federalization of insurance could put these payments and other fees and revenues at risk; therefore, be it
Resolved by the Legislature of West Virginia:
That the 78th Legislature of the State of West Virginia hereby respectfully urges the Congress of the United States of America to oppose any proposed laws that would establish a federal insurance regulatory system or otherwise alter the McCarran-Ferguson Act; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States, the Speaker of the United States House of Representatives, the President of the United States Senate, the members of the United States House Financial Services Committee, the members of the United States Senate Banking, Housing and Urban Affairs Committee, the United States Secretary of the Treasury, and to all members of the West Virginia delegation to the Congress of the United States with the request that this resolution be officially entered in the Congressional Record as a memorial to the Congress of the United States.
Referred to the Committee on Banking and Insurance.
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. 48--Requesting the Commissioner of the West Virginia Division of Highways to designate the West Virginia Turnpike, the "Okey L. Patteson Highway".
Whereas, Okey L. Patteson was born at Dingess, a coal town in Mingo County, on September 14, 1898; and
Whereas, The Patteson family moved to Mount Hope, Fayette County, in 1899, where Okey Patteson's father went into the mercantile and hardware businesses; and
Whereas, Okey L. Patteson followed in the footsteps of his father and established his own business, an automobile dealership in Mount Hope; and
Whereas, He was "disabled" from a hunting accident in 1932, which cost him both legs, but overcoming his disability he went on to give great service in helping and encouraging others who had suffered the loss of limbs; and
Whereas, He entered into politics in Fayette County, where he served on the Mount Hope city council for 12 years and served as Sheriff of the County for four years; and
Whereas, In 1944, Okey L. Patteson, was appointed Executive Assistant to Governor Clarence Meadows and during that service he was highly instrumental in establishing road building programs, including the West Virginia Turnpike; and
Whereas, Okey L. Patteson was elected Governor of the State of West Virginia in 1948, in which office he served from January, 1949, to January, 1953; and
Whereas, As Governor, he distinguished himself by advancing many programs and initiatives, among which was his bold concept that West Virginia could have a first class medical school and from his sound wisdom has arisen a major medical treatment and research center from which thousands of medical care professionals have been produced for service in the state and the Nation, thousands of West Virginians treated by highly competent physicians using the most modern equipment and practicing with the most current procedures, and a place where important medical research is being conducted for the future benefit of the state, the Nation and the World; another was his vision and hard work that produced for the state the West Virginia Turnpike, a modern highway through some of the most mountainous of terrain in the country; and another was his defusing of the Widen mine war in Clay County, which is a testament to his persuasiveness and native intuitiveness in dealing with knotty issues; and
Whereas, He was much honored for his good works, among which honors were his invitation and address to the President's Committee on Employment of the Physically Handicapped in Washington, D. C. in August of 1950, his national citation for outstanding service to the physically handicapped which he received in 1951, and his naming by the Charleston Gazette as "West Virginian of the Year" for the year 1951; and
Whereas, In 1952, Okey L. Patteson, organized the State Turnpike Commission to oversee construction of the West Virginia Turnpike; and
Whereas, Okey L. Patteson was the creator and driving force behind the placement of the beneficial West Virginia University Medical Center in Morgantown, West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Commissioner of the West Virginia Division of Highways is hereby requested to designate the West Virginia Turnpike the "Okey L. Patteson Highway"; and, be it
Further Resolved, That the Commissioner is requested to have made and be placed, at all appropriate locations, signs identifying the roadway as the "Okey L. Patteson Highway Creator of the West Virginia Turnpike and West Virginia University Medical Center"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and the Governor of West Virginia.
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. 49--Requesting the Joint Committee on Government and Finance to study the impact of allowing adopted persons access to their original birth certificates and allowing birth parents to include contact preference information and medical history information with original birth certificates.
Whereas, There is growing understanding of the need to know one's history, heritage, medical and genealogical data; and
Whereas, Denying adult adopted persons access to information related to their births and adoptions has potentially serious, negative consequences with regard to their physical and mental health; and
Whereas, The United States Surgeon General's Office in its Family History Initiative has recognized that biological family history is vital to prevention, early diagnosis and treatment of diseases and conditions for which individuals may be genetically predisposed, such as heart disease, cancer and certain mental health conditions; and
Whereas, Many adopted persons believe they are entitled to the same basic information about themselves as people reared in their birth families; and
Whereas, Adopted persons are the only individuals who, as a class, are not permitted to routinely obtain their original birth certificates; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby requested to study the impact of establishing a process by which an adult adopted person, the child or children of a deceased adopted person or an adopted person judged incompetent by a court of law, or a legal representative of an adopted person may obtain a copy of that person's original unamended and unaltered birth certificate; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider allowing a birth parent to include with the child's original birth certificate a form that indicates whether the parent wishes to be contacted by the child and an updated medical history form; and, be it
Further Resolved, That the Joint Committee of 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 the Judiciary; 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. 50--Requesting the Joint Committee on Government and Finance to study the impact of changing the funding formula for local health department services.
Whereas, West Virginia public health is an important and essential governmental function, which strives to improve community health while also delivering public health services to the residents of West Virginia; and
Whereas, Compared to other states, West Virginia dramatically underfunds public health services; and
Whereas, To meet the average of other southern states, funding would have to increase by three hundred percent or by $14 million in each of the next three years for a total of $42 million; and
Whereas, Currently, West Virginia's formula to distribute state funding to local health departments is on a per capita basis; and
Whereas, Adopting a new formula would better represent the needs and fiscal capacities of the local health boards; and
Whereas, West Virginia has some of the highest rates of preventable diseases such as cancer, diabetes, heart disease and stroke in the nation, costing the state millions of dollars per year; and
Whereas, A new funding formula would allow local boards of health and local health departments to concentrate and develop a higher level of preventive medicine delivery, bringing the rates of these diseases down to the national average and thereby saving State government and private insurers as much as $716 million in costs; and
Whereas, A new system of funding to the States' local health boards and departments for the purposes of developing and delivering additional local health services should be examined to evaluate potential cost savings and disease reduction to the residents of West Virginia; therefore, be it
Resolved by the West Virginia Legislature:
That the Joint Committee on Government and Finance is hereby requested to study the impact of changing the funding formula for local health department services; and, be it
Further Resolved, That, as part of the study, the Joint Committee on Government and Finance should emphasize the importance in reducing preventable diseases in West Virginia; and, be it
Further Resolved, That, as part of the study, the Joint Committee on Government and Finance should examine the supportive services and funding of the Department of Health and Human Resources' Bureau for Public Health as they relate to local boards of health and the provision of basic public health services; and, be it
Further Resolved, That the Joint Committee of 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.
Executive Communications

The Clerk then presented communications from His Excellency, the Governor, advising that on February 14, 2008, he had approved Enr. House Bill No. 2517 and Enr. Committee Substitute for House Bill No. 4147; and on February 19, 2008, he had approved Enr. Senate Bill No. 459.
The Senate proceeded to the fourth order of business.
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. 47, Prohibiting ATMs in video lottery establishments.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 152, Requiring certain law-enforcement officers receive nationwide concealed firearm's certification.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 194, Providing electronic instructional materials to certain students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 194 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-12, relating to establishing procedures for a manufacturer or publisher to provide special instructional material for blind, visually impaired and dyslexic students who are enrolled at a state institution of higher education; prohibiting sales and purchases of certain instructional materials under certain circumstances; prohibiting designation of certain instructional material as essential under certain conditions; requiring publisher or manufacturer to provide special instructional materials at same cost as standard instructional materials or at no additional cost under certain circumstances; granting certain exceptions to requirements; providing procedures for eligible students and state institutions of higher education to request special instructional materials; requiring certain information and agreements; and authorizing promulgation of joint emergency rule and requiring promulgation of joint legislative rule both by certain date.
Senate Bill No. 223, Establishing recruitment bonus for certain teachers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 223 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11- 13Y-1; and to amend said code by adding thereto a new section, designated §18A-4-21, all relating to establishing the Teacher Shortage Incentive Pilot Program; addressing geographic shortage areas and subject matter shortage areas through bonus, tax credit, tuition reimbursement, housing allowance or any combination thereof; distributing moneys to county boards for addressing teacher shortages; conditioning the distribution on having a plan for addressing the teacher shortages that is approved by the state board; establishing a special account; and requiring a report to the Legislative Oversight Commission on Education Accountability.
Senate Bill No. 573, Increasing public school teachers' and service personnel annual salaries.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 573 (originating in the Committee on Education)--A Bill to amend and reenact §18A-4-2 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to school personnel salary increases; increasing minimum salaries of public school teachers; increasing salary bonuses for classroom teachers; and increasing minimum salaries of school service personnel.
Senate Bill No. 593, Clarifying library funding obligation from local share.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 593 (originating in the Committee on Education)--A Bill to amend and reenact §18-9A-11 of the Code of West Virginia, 1931, as amended, relating to school finance; computation of local share; limit on certain library funding obligations; and transfer of a library funding obligation to an excess levy.
Senate Bill No. 625, Requiring school principal make personnel recommendations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 625 (originating in the Committee on Education)--A Bill to amend and reenact §18A-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18A-4-3 and §18A-4-7a of said code, all relating to school principals; requiring each school principal to make recommendations regarding the appointment, assignment, promotion, transfer and dismissal of all personnel assigned to the school under the principal's control; adding the principal's recommendations to the seven existing criteria to be considered when hiring professional personnel; and increasing the principal's increment.
Senate Bill No. 663, Increasing school cafeteria managers' pay grade.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 663 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A- 4-8j, relating to the pay grade of cafeteria managers.
And,
Senate Bill No. 747, Creating PROMISE Scholarship Summer Internship Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 747 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-7-9, relating to creating the PROMISE Scholarship Summer Internship Program; requiring participation by certain agencies and individuals; directing Governor's Workforce Investment Division and Workforce West Virginia One Stop Center s to provide certain services; providing for evaluation of work performance; and requiring certain reports.
With the recommendation that the seven 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.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of Committee Substitute for Senate Bill No. 194 and Committee Substitute for Senate Bill No. 747 contained in the foregoing report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being granted, Committee Substitute for Senate Bill No. 223, Committee Substitute for Senate Bill No. 573 and Committee Substitute for Senate Bill No. 593 were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
The bills (Com. Sub. for S. B. Nos. 625 and 663), 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. 237, Repealing county officers' annual report requirement of certain expenditures.
And reports the same back with the recommendation that it 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. 239, Creating Senior Citizen Property Tax Payment Deferment Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 239 (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- 6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5, §11-6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11, all relating to the Senior Citizen Property Tax Payment Deferment Act; providing definitions; providing deferment for payment of certain property tax increments; requiring application for the deferment; providing for deferment renewal and waiver of deferment; providing procedures for the review and approval of application by the assessor; providing an appeals procedure; authorizing creation of a lien on property for which deferment is approved; specifying conditions for liens and lien payment and termination; requiring the Tax Commissioner to prescribe necessary forms and instructions; authorizing the Tax Commissioner to propose legislative rules; establishing criminal penalties; and authorizing severability of provisions of the article.
With the recommendation that the 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
Com. Sub. for Senate Bill No. 291, Appointing additional circuit court judge to Pendleton, Hardy and Hampshire counties.
And has amended same.
And reports the same back with the recommendation that it 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
Com. Sub. for Senate Bill No. 311 (originating in the Committee on the Judiciary), Allowing judges to order jurors from other counties in certain situations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 311 (originating in the Committee on Finance)--A Bill to amend and reenact §52-1-14 of the Code of West Virginia, 1931, as amended, relating to authorizing judges to order jurors be drawn from another county or counties when jurors cannot be seated from the county in which the trial will be held in certain cases; and providing that the county for which the jurors served shall compensate the jurors.
With the recommendation that the committee substitute for committee substitute 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. 323, Relating to stormwater systems generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 323 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §8-20-10 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-13-16 and §16-13-23a of said code; and to amend and reenact §16-13A-9 of said code, all relating to the establishment and operation of stormwater systems; authorizing municipalities to set rates, charges and fees for stormwater services; providing that water service may be terminated for nonpayment of stormwater service fees; authorizing municipalities to adopt ordinances or regulations to allow issuance of orders, entry on property, setting fines and penalties for violation of stormwater law; establishing requirements for notice of violations; authorizing municipality to correct violations and collect cost from violator; and providing that the owner, occupant or tenant of real property is deemed to be served by a stormwater system under certain circumstances.
And,
Senate Bill No. 492, Eliminating part-time prosecutors.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 492 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §7-7-4a of the Code of West Virginia, 1931, as amended, relating to eliminating part-time prosecutors; authorizing an increase in salary for a part-time prosecutor who becomes a full-time prosecutor; and allowing counties an opt-out provision.
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,
Jeffrey V. Kessler,
Chair.
The bills (Com. Sub. for S. B. Nos. 323 and 492), under the original double committee references, were then referred to the Committee on Finance.
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. 496, Protecting voter registration information.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 496 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended, relating to protecting certain information maintained in voter registration files.
Senate Bill No. 507, Clarifying voting procedures.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 507 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1-20, §3-1-22, §3-1-29, §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended, all relating to general provisions and definitions for elections; requiring cards of instructions to voters to include notice as to effect of voting provisional ballot and right to request location of correct precinct; requiring posting of cards of instruction at voting places; requiring board of ballot commissioners to provide election officials with a list of county precincts and a voter registration list; eliminating provisions requiring election official trainees to be volunteers receiving credits for high school diploma and to be appointed by county commission or municipality where the election is held; clarifying that prohibition against using counting board in special elections is discretionary with the county commission; requiring poll clerk to notify prospective voter of effect of voting provisional ballot and of correct precinct in which to vote; and updating language relating to signatures to reflect use of electronic poll books and other electronic devices.
And,
Senate Bill No. 514, Permitting electronic mail absentee voting.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 514 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-3-5 of the Code of West Virginia, 1931, as amended, relating generally to voting an absentee ballot by electronic mail; allowing ballot to be transmitted to absentee voter by electronic mail; requiring absentee voter to return completed ballot in the same manner ballot was transmitted or by electronic mail; and specifying that ballots received via electronic mail are to be processed in the same manner as ballots submitted by facsimile.
With the recommendation that the three committee substitutes do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 552, Relating to prepaid wireless calling taxes, fees and charges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 552 (originating in the Committee on Finance)--A Bill to amend and reenact §11-15-2 and §11-15-30 of the Code of West Virginia, 1931, as amended; and to amend and reenact §24-6-2 and §24-6-6b of said code, all relating to taxation of prepaid wireless calling service and the wireless enhanced 911 fee; defining "prepaid wireless calling service"; providing that prepaid wireless calling service is subject to the consumers sales and service tax; requiring the collection and deposit by the Tax Commissioner of the proceeds of the consumers sales and service tax imposed on the sale of prepaid wireless calling service into the wireless enhanced 911 fee accounts maintained and administered by the Public Service Commission; and providing that prepaid wireless calling service is no longer subject to the wireless enhanced 911 fee.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 622, Creating Voluntary Rural and Outdoor Heritage Conservation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 622 (originating in the Committee on Economic Development)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5, §5B-2G-6, §5B-2G-7, §5B-2G-8 and §5B-2G-9; and to amend and reenact §59-1-10 of said code, all relating generally to the Voluntary Rural and Outdoor Heritage Conservation Act; establishing Outdoor Heritage Conservation Fund; Board of Trustees created; funding of land conservation and issuance of bonds; and deed recording fee increase to go to Outdoor Heritage Conservation Fund, Farmland Protection Fund and clerk of county commission.
With the recommendation that the committee substitute do pass; but under the original double reference first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 622) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
 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. 635, Authorizing State Board of Education to set and collect review fees from certain publishers.
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 amendments from the Committee on Education 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. 702, Providing new job creation tax credit.
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.
At the request of Senator McCabe, unanimous consent being granted, the bill (S. B. No. 702) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 714, Awarding National Board for Professional Teaching Standards salary bonus to certain school leaders.
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.
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. 776 (originating in the Committee on Education)--A Bill to amend and reenact §29-22-18a of the Code of West Virginia, 1931, as amended, relating to increasing the amount from the State Excess Lottery Revenue Fund that is deposited each fiscal year into the Higher Education Improvement Fund for higher education from ten million dollars to fifteen million dollars.
And,
Senate Bill No. 777 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1-9, relating generally to additional powers of governing boards of Marshall University and West Virginia University; authorizing conveyance of real property or any interest therein from governing board to a real estate foundation; providing definition of property; providing for creation of real estate foundation and terms thereof; prohibiting members of board of governors from serving as director, officer or trustee of foundation; limiting number of state employees who may serve as director, officer or trustee of foundation; providing for conveyance of property to and by foundation; requiring affirmative determination by the governing board that no state funds were used in acquiring property to be conveyed; exempting conveyance of property to or by a real estate foundation from certain provisions of law; designating sale proceeds and foundation income as private foundation money; specifying foundation purposes; and requiring annual report to Joint Committee on Government and Finance.
And reports the same back with the recommendation that they each do pass; but with the further recommendation that they first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bills (S. B. Nos. 776 and 777) contained in the foregoing report from the Committee on Education were then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senator Love offered the following resolution:
Senate Concurrent Resolution No. 54-- Urging the United States Secretary of the Interior to cause the National Park Service and Fish and Wildlife Service to amend certain regulations pertaining to the possession and carrying of loaded firearms on public lands.
Whereas, 36 C.F.R. 2.4 generally prohibits a person from possessing a loaded firearm on land under the jurisdiction of the United States National Park Service; and
Whereas, 50 C.F.R. 27.42 generally prohibits a person from possessing a loaded firearm on land under the jurisdiction of the United States Fish and Wildlife Service; and
Whereas, These regulations contain no exceptions for carrying loaded firearms for lawful self-defense purposes in accordance with the laws of the host state; and
Whereas, These regulations infringe on the rights of law-abiding gun owners, who wish to transport and carry firearms on lands owned by the National Park Service and the Fish and Wildlife Service; and
Whereas, The United States Bureau of Land Management and National Forest Service permit individuals to carry loaded firearms on lands under their respective jurisdictions in accordance with the laws of the host state; and
Whereas, In many parts of the country, the National Park Service, Fish and Wildlife Service, National Forest Service and Bureau of Land Management control a patchwork quilt of land holdings; and
Whereas, Where two or more of these agencies have adjoining land holdings, individuals may frequently cross jurisdictional boundaries that trigger different sets of regulations on the carrying of loaded firearms; and
Whereas, These inconsistencies in firearms regulation on public lands are confusing, burdensome, and unnecessary; and
Whereas, On December 14, 2007, The Honorable Mike Crapo and 47 other members of the United States Senate sent a letter to The Honorable Dirk Kempthorne, Secretary of the Interior of the United States, petitioning the Secretary to initiate a rulemaking process to harmonize firearms regulations on federal lands by conforming the regulations of the National Park Service and Fish and Wildlife Service to the regulations of the National Forest Service and Bureau of Land Management that permit individuals to carry firearms on federal lands in accordance with the applicable laws of the host state for self-defense and other lawful purposes; and
Whereas, West Virginia's two United States Senators have not signed the Crapo letter; and
Whereas, The West Virginia Legislature strongly believes law-abiding citizens should not be denied their right to self-defense on public lands by confusing, burdensome and unnecessary regulations that vary from one agency to another; and
Whereas, The West Virginia Legislature wishes to associate itself with the Crapo letter; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Secretary of the Interior to cause the National Park Service and Fish and Wildlife Service to amend certain regulations pertaining to the possession and carrying of loaded firearms on public lands; and, be it
Further Resolved, That the Legislature urges this state's United States Senators to sign the Crapo letter and urges this State's Representatives and Senators in Congress to support and vote for legislative efforts to effect the above-mentioned changes to 36 C.F.R. 2.4 and 50 C.F.R. 27.42; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to each of this state's Senators and Representatives in Congress, the United States Secretary of the Interior, the President and Vice President of the United States and the Honorable Mike Crapo, United States Senator.
 Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 55 (originating in the Committee on Education)-- Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities.
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; and Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for higher education; and Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for higher education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for higher education, and as may be authorized by the Higher Education Policy Commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for higher education, created pursuant to said section, the sum of $15 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the Higher Education Policy Commission to finance improvements for state colleges and universities. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and Whereas, Every issue of the Higher Education Policy Commission's bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the Higher Education Policy Commission; and Whereas, The bonds shall be authorized by resolution of the Higher Education Policy Commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it Resolved by the Legislature of West Virginia: That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities; and, be it Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for higher education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the Higher Education Policy Commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it Further Resolved, That every issue of its bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees or other sources available to the Higher Education Policy Commission which are pledged therefor, including the Higher Education Improvement Fund for higher education; and, be it Further Resolved, That, upon resolution of the Higher Education Policy Commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the Higher Education Policy Commission only to make capital improvements at state colleges and universities; and, be it Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 55) contained in the foregoing report from the Committee on Education was then referred to the Committee on Finance.
The Senate proceeded to the eighth order of business.
 Eng. Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating to Dental Practice Act generally.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
 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. 13) 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. 156, Providing tuition waivers for children and spouses of certain National Guard and active duty military personnel.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 156) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 156) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 317, Updating physician and podiatrist licensing requirements.
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, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: Hunter--1.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 317) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
 Eng. Senate Bill No. 317--A Bill to amend and reenact §30-3-10 of the Code of West Virginia, 1931, as amended, relating to licenses to practice medicine and surgery or podiatry; clarifying the licensing provisions; removing the reciprocity provision; authorizing ten years for an applicant to pass the licensing examination; requiring an applicant who fails the licensing examination three times to appear before the board; establishing the requirements for a restricted license in extraordinary circumstances; and authorizing rule-making authority for a restricted license .
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. 325, Relating to state employee deferred compensation plan.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 325) 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. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 519) 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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
 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. 519) 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. 570, Allowing county commissions' involvement in joint development efforts.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 570) 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. 579, Appointing additional nonresident members to Bluefield's sanitary board.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 579) 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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
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. 579) 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. 606, Requiring hiring preference for summer school program positions.
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, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 606) 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 ninth order of business.
Senate Bill No. 165, Relating to school employees' donated personal leave days.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
O n page five, section ten-f, line seventy-seven, by striking out the word "back";
And,
On page six, section ten-f, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
(d) If personal leave days are transferred from multiple donors to a donee, any unused days shall revert to each donor in an amount that is proportional to the number of days donated by the donor as compared with the total number of days donated by all the donors: Provided, That if the proportional method described in this subsection results in fractions of days reverting to the donors, the highest number of the unused days that may be distributed as full days shall be distributed under the proportional method and the remaining day or days that would otherwise cause fractions of days to revert to all donors revert to the maximum number of the most senior school employees, based on seniority as determined under sections seven-a and seven-b of this article, that would allow full days to be reverted.
 On motions of Senators Plymale and Facemyer, the following amendments to the bill were next reported by the Clerk, considered simultaneously, and adopted:
 On page two, section ten-f, lines five through sixteen, by striking out all of subdivision (1) and inserting in lieu thereof a new subdivision (1), to read as follows:
 "(1) 'Catastrophic emergency' means:
(A) A medical or physical condition that:
(i) Incapacitates an employee or an immediate family member for whom the employee will provide care;
(ii) Is likely to require the prolonged absence of the employee from duty; and
(iii) Will result in a substantial loss of income to the employee because the employeehas exhausted all accrued personal leave and is not eligible to receive personal leave or has exhausted personal leave available from a leave bank established pursuant to this article; or
(B) A death in the immediate family that:
(i) Will require the absence of the employee for any reason related to the death of the immediate family member, including, but not limited to, grieving, making funeral arrangements and settling financial issues; and
(ii) Will result in a substantial loss of income to the employee because the employee has exhausted all accrued personal leave and is not eligible to receive personal leave or has exhausted personal leave available from a leave bank established pursuant to this article; ";
On page four, section ten-f, line fifty-four, by striking out the word "medical";
On page five, section ten-f, line seventy-five, after the word "transferred." by inserting the following: If the leave was transferred for the purpose of allowing a receiving employee to provide care to an immediate family member with a medical or physical condition without substantial loss of income to the receiving employee and the immediate family member subsequently dies due to that medical or physical condition, using the leave for any reason related to the death of the immediate family member is considered the same purpose for which the leave was originally transferred. ;
And,
On page five, section ten-f, line seventy-six, by striking out the word "medical".
 The bill (S. B. No. 165), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 185, Clarifying mental conditions which prohibit firearms' possession and creating state registry of such persons.
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 read a second time.
On motions of Senators Yoder and Barnes, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
 That the Code of West Virginia, 1931, as amended, be amended by adding thereto a new section, designated §7-1-14; and that §7- 10-4 of said code be amended and reenacted, all to read as follows:
ARTICLE 1. COUNTY COMMISSIONS GENERALLY.
§7-1-14. Custody and care of animals abandoned, neglected or cruelly treated; animals causing public nuisance, health risk or safety hazard; authority of county commission.

(a) Notwithstanding any provision of this code to the contrary, any county commission may adopt ordinances, rules and regulations providing for the custody and care of animals that have been abandoned, neglected or cruelly treated for the protection of any such animal and to prevent it from becoming a public nuisance or risk to public health or safety or the environment.
(b) Any such ordinance, rule or regulation may require each owner to provide for each of his or her animals:
(1) Adequate food which provides sufficient quantity and nutritive value to maintain each animal in good health;
(2) Adequate water which provides easy access to clean, fresh, potable water of a drinkable temperature in sufficient volume and suitable intervals to maintain normal hydration for each animal;
(3) Adequate shelter to protect the animal from the elements and other animals;
(4) Adequate space in the primary enclosure for the particular animal depending upon its age, size, species and weight which is regularly cleaned to prevent an unsanitary accumulation of urine and feces;
(5) Adequate exercise to assure that the animal maintains normal muscle tone and mass for the age, species, size and condition of the animal; and
(6) Veterinary care when needed or to prevent suffering or disease transmission.
(c) Any such ordinance, rule or regulation may limit the number of animals owned, kept or maintained by an individual, group or organization, whether public or private based on the person's ability to provide for the animals as set forth in subsection (b) of this section.
(d) Any such ordinance, rule or regulation shall provide appropriate penalties for violations and shall authorize humane officers to take possession of any animal that is not properly cared for as required by such ordinance, rule or regulation.
ARTICLE 10. HUMANE OFFICERS.
§7-10-4. Custody and care of animals abandoned, neglected or cruelly treated; hearing; bonds; liability for costs; liens; exclusions.

(a) Subject to the provisions of subsection (h) of this section, a humane officer shall take possession of any animal, including birds or wildlife in captivity, known or believed to be abandoned, neglected, deprived of necessary sustenance, shelter, medical care or reasonable protection from fatal freezing or heat exhaustion or cruelly treated or used as defined in sections nineteen and nineteen-a, article eight, chapter sixty-one of this code.
(b) The owner or persons in possession, if his or her identity and residence are known, of any animal seized pursuant to subsection (a) of this section shall be provided written notice of the seizure, his or her liability for the cost and care of the animal seized as provided in this section and the right to request a hearing in writing before a magistrate in the county where the animal was seized. The magistrate court shall schedule any hearing requested within ten working days of the receipt of the request. The failure of an owner or person in possession to request a hearing within five working days of the seizure is prima facie evidence of the abandonment of the animal. At the hearing, if requested, the magistrate shall determine by a preponderance of the evidence if probable cause exists to believe that the animal was abandoned, neglected or deprived of necessary sustenance, shelter, medical care or reasonable protection from fatal freezing or heat exhaustion or otherwise treated or used cruelly as set forth in this section.
(c) (1) Upon finding of probable cause, If a hearing is requested and the magistrate finds by a preponderance of the evidence that the owner did abandon, neglect or cruelly treat the animal, or if no hearing is requested and the magistrate finds probable cause by a preponderance of the evidence, based upon the affidavit of the humane officer, that the owner did abandon, neglect or cruelly treat the animal, the magistrate shall enter an order awarding custody of the animal to any humane officer for further disposition in accordance with reasonable practices for the humane treatment of animals. After hearing the evidence, if the magistrate is not convinced the animal was neglected or cruelly treated, he or she may dismiss the action and order the animal be returned to the owner. If the magistrate finds in favor of the humane officer, the owner of the animal shall post a bond with the court in an amount sufficient to provide for the reasonable costs of care, medical treatment and provisions for the animal for at least thirty days. The bond shall be filed with the court within five days following the court's finding of probable cause against the owner. At the end of the time for which expenses are covered by the original bond if the animal remains in the care of the humane officer and the owner desires to prevent disposition of the animal by the humane officer, the owner shall post an additional bond with the court within five days of the expiration of the original bond. During this period the humane officer is authorized to place the animal in a safe private home or other safe private setting in lieu of retaining the animal in an animal shelter. The person whose animal is seized is liable for all costs of the care of the seized animal.
(2) If a bond has been posted in accordance with subdivision (1) of this subsection, the custodial animal care agency may draw from the bond the actual reasonable costs incurred by the agency in providing care, medical treatment and provisions to the impounded animal from the date of the initial impoundment to the date of the final disposition of the animal.
(d) Any person whose animal is seized and against whom the magistrate enters a finding of probable cause is rendered pursuant to this section is liable during any period it remains in the possession of the humane officer for the reasonable costs of care, medical treatment and provisions for the animal not covered by the posting of the bond as provided in subdivision (1), subsection (c) of this section. The magistrate shall require the person liable for these costs to post bond to provide for the maintenance of the seized animal. This expense, if any, becomes a lien on the animal and must be discharged before the animal is released to the owner following the acquittal of the owner or withdrawal of the complaint. Upon acquittal dismissal or withdrawal of the complaint, any unused portion of posted bonds shall be returned to the owner. Upon a criminal conviction finding in favor of the humane officer, all interest in the impounded animal shall transfer to the humane officer for the further disposition in accordance with reasonable practices for the humane treatment of animals. Any additional expense above the value of the animal may be recovered by the humane officer or custodial agency.
(e) If after After the humane officer takes possession of the animal pursuant to the a finding of probable cause by a magistrate that the animal has been abandoned, neglected or cruelly treated and a licensed veterinarian determines that the animal should be humanely destroyed to end its suffering, the veterinarian may order the animal to be humanely destroyed and neither the humane officer, animal euthanasia technician nor the veterinarian is subject to any civil or criminal liability as a result of such action.
(f) The term "humanely destroyed" as used in this section means:
(1) Humane euthanasia of an animal by hypodermic injection by a licensed veterinarian or by an animal euthanasia technician certified in accordance with the provisions of article ten-a, chapter thirty of this code; or
(2) Any other humane euthanasia procedure approved by the American Veterinary Medical Association, the Humane Society of the United States or the American Humane Association.
(g) In case of an emergency in which an animal cannot be humanely destroyed in an expeditious manner, an animal may be destroyed by shooting if:
(1) The shooting is performed by someone trained in the use of firearms with a weapon and ammunition of suitable caliber and other characteristics designed to produce instantaneous death by a single shot; and
(2) Maximum precaution is taken to minimize the animal's suffering and to protect other persons and animals.
(h) The provisions of this section do not apply to farm livestock, as defined in subsection (d), section two, article ten-b, chapter nineteen of this code; poultry, gaming fowl or wildlife kept in private or licensed game farms if kept and maintained according to usual and accepted standards of livestock; poultry, gaming fowl, wildlife or game farm production and management; nor to the humane use of animals or activities regulated under and in conformity with the provisions of 7 U. S. C. §2131, et seq., and the regulations promulgated thereunder.
 The bill (Com. Sub. for S. B. No. 305), as amended, was then 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. 590, Protecting health care workers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 775, Relating to state parks and state forests.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 265, Creating Special Aircraft Property Valuation Act.
Com. Sub. for Senate Bill No. 462, Raising mental health refusal age of consent.
Com. Sub. for Senate Bill No. 474, Creating limited sales tax holiday for certain Energy Star appliance purchases.
And,
Senate Bill No. 595, Establishing education goals and objectives for 2020.
 The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Caruth and Chafin.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senators Caruth and Chafin were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Love, unanimous consent being granted, it was ordered that the Journal show had Senator Love been present in the chamber on Monday, February 18, 2008, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 9, Engrossed Committee Substitute for Senate Bill No. 193 and Engrossed Senate Bill No. 290; and on Tuesday, February 19, 2008, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 145, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 201, Engrossed Committee Substitute for Senate Bill No. 207, Engrossed Committee Substitute for Senate Bill No. 208, Engrossed Committee Substitute for Senate Bill No. 301, Engrossed Committee Substitute for Senate Bill No. 545, Engrossed Committee Substitute for Senate Bill No. 596, Engrossed Senate Bill No. 673, Engrossed Senate Bill No. 674 and Engrossed Committee Substitute for House Bill No. 4327.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, unanimous consent being granted, 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
Com. Sub. for Senate Joint Resolution No. 12, Proposing amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 11, Reducing state vehicles' petroleum-based fuel consumption.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 11 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-49a, relating to the reduction of petroleum-based fuel consumption; requiring Secretary of Administration to implement a plan; and penalties for noncompliance.
Senate Bill No. 224, Creating Joint Emergency Services Act of 2008.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 224 (originating in the Committee on Government Organization)--A Bill to amend and reenact §7-15-4 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §7-17A- 1, §7-17A-2, §7-17A-3, §7-17A-4, §7-17A-5, §7-17A-6, §7-17A-7, §7-17A-8, §7-17A-9, §7-17A-10, §7-17A-11, §7-17A-12, §7-17A-13, §7- 17A-14 and §7-17A-15, all relating to creating joint emergency service agencies in growth counties with a county comprehensive plan; exempting such agencies from regulation by the Public Service Commission; exempting such agencies from taxation; and providing for the imposition and collection of fees.
And,
Senate Bill No. 529, Establishing State Trooper's Association leave donation program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 529 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-53, relating to the establishment of a leave donation program for the largest statewide professional law- enforcement association representing members of the West Virginia State Police.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Committee Substitute for Senate Bill No. 224 contained in the foregoing report from the Committee on Government Organization.
The bills (Com. Sub. for S. B. Nos. 11 and 529), under the original double committee references, were 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. 332, Providing regulations and disclosure requirements for anticipatory tax refund loans.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but with the further recommendation that it first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (S. B. No. 332) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Minard, the bill was referred to the Committee on the Judiciary, with an amendment from the Committee on Banking and Insurance 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. 456, Authorizing Department of Environmental Protection promulgate legislative rule relating to antidegradation implementation procedures.
With an amendment from the Committee on Natural Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Natural Resources to which the bill was first referred; 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 Natural Resources 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. 466, Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program.
And reports the same back with the recommendation that it 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. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 467 (originating in the Committee on Finance)--A Bill to amend and reenact §22-14-3, §22-14-15 and §22-14-19 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto three new sections, designated §22-14-20, §22-14-21 and §22-14-22, all relating to dam safety; defining terms; providing for the establishment, administration and management of the Dam Safety Rehabilitation Revolving Fund; providing moneys for the fund; providing eligibility requirements to receive loans from the fund; providing rule-making authority; providing application requirements for loans from the fund; establishing loan agreement requirements; providing for collection of moneys due the fund; providing authority to the Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam owner; and establishing civil penalties.
With the recommendation that the 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
Com. Sub. for Senate Bill No. 493, Granting emergency election powers to Secretary of State.
Com. Sub. for Senate Bill No. 494, Providing voter verification through electronic poll book.
And,
Com. Sub. for Senate Bill No. 495, Requiring certain poll worker training.
And reports the same back with the recommendation that they each 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. 502, Allowing blasting program penalties' deposit in Special Reclamation Fund.
And,
Senate Bill No. 751, Relating to Surface Coal Mining and Reclamation Act.
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 Finance.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being granted, the bills (S. B. Nos. 502 and 751) contained in the preceding report from the Committee on Energy, Industry and Mining were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 530, Providing loan forgiveness program for nurses.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 530) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 558, Relating to electronic commerce.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 619, Defining certain external defibrillators' user terms.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 619) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 633, Reducing certain temporary employees' service credit requirements.
And,
Senate Bill No. 709, Establishing Volunteer Firefighter Length of Service Act.
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 Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bills (S. B. Nos. 633 and 709) contained in the preceding report from the Committee on Pensions were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 634, Enabling National Guard receive federal and state funds for certain security purposes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 634 (originating in the Committee on Military)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §15-1J-1, §15-1J-2, §15-1J-3, §15-1J-4 and §15-1J-5, all relating to establishing the West Virginia Military Authority; providing for the receipt of federal and state funds by the West Virginia National Guard; developing and administering security programs; and hiring of employees.
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,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 634) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 641, Creating Water Resources Protection and Management Act.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 18, 2008;
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 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. 653, Permitting internet sales of life, accident and sickness insurance.
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,
Joseph M. Minard,
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 Banking and Insurance pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 676, Limiting certain park and recreation owners' liabilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 676 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend said code by adding thereto a new section, designated §19-25-8; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 676), 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. 686, Relating to Infrastructure and Jobs Development Council.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 686 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §31-15A-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §31-15A-7a and §31-15A-10a, all relating to the West Virginia Infrastructure and Jobs Development Council; providing for the planning, construction and expansion of new or existing water, sewer, gas, telecommunication lines or facilities and other infrastructure concomitant to the construction of the new roads projects; providing a tax credit for contributions for planning, construction or expansion of new or existing water, sewer and telecommunication lines or facilities concomitant to the construction of the new roads projects; and providing a tax credit for contributing to the completion of projects recommended by the council and roads associated with such projects.
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.
At the request of Senator Chafin, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 686) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 693, Creating senior resident lifetime hunting, fishing and trapping license.
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,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being granted, the bill (S. B. No. 693) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 706, Providing for liner placement through mined-out coal horizons.
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 Energy, Industry and Mining.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being granted, the bill (S. B. No. 706) contained in the preceding report from the Committee on Natural Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Energy, Industry and Mining.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 708, Changing Division of Veterans' Affairs to Department of Veterans' Assistance.
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 Government Organization.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (S. B. No. 708) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 710, Eliminating spacing consent from certain coal entities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 710 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22-21-20 of the Code of West Virginia, 1931, as amended, relating to the elimination of the requirement for spacing consent from coal entities along horizontal sections of coalbed methane wells; clarifying spacing orders; and requiring the coalbed methane well permit applicant to plug the well, at the necessary time, in a manner that will meet all state and federal requirements for mine-through of the targeted coal seam.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jon Blair Hunter,
Vice 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. 712, Authorizing Coalbed Methane Review Board to propose legislative rules and spacing orders.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 712 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22-21-5 of the Code of West Virginia, 1931, as amended, relating to authorizing the Coalbed Methane Review Board to propose legislative rules.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 712) contained in the preceding report from the Committee on Energy, Industry and Mining was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 722, Granting regulatory power to certain Board of Pharmacy facilities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 778 (originating in the Committee on Military)--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to describing the powers and duties of the director; providing for the hiring of case managers and counselors; providing for a program to advise veterans of available benefits and services; and developing an internet website.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the bill (S. B. No. 778) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Hunter, the bill was referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 779 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-18-15, relating to limitations on expending hotel occupancy tax proceeds.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study Universal Voluntary Accounts Program.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 47, Requesting Division of Natural Resources rename Wallback Lake in Clay County "Sampson Lake".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
The Senate again proceeded to the sixth order of business.
Petitions

Senator Jenkins presented a petition from Diane Garvin and seventeen West Virginia residents, supporting House Bill No. 4405 (Allowing an additional "pari-mutuel racing facility" in north central West Virginia).
Referred to the Committee on the Judiciary.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 21, 2008, at 11 a.m.
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