sdj-44th day

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

Charleston, W. Va., Thursday, February 21, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Robert Barley, Maple Fork Baptist Church, Maple Fork, West Virginia. First Presbyterian Church Preschool Busy Bees, Charleston, West Virginia, then led the Senate in the recitation of the Pledge of Allegiance.
Pending the reading of the Journal of Wednesday, February 20, 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.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual preliminary statewide aggregate tax revenue projection as required by chapter eleven, article one-c, section five of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4124--A Bill to amend and reenact §18-2-9 of the Code of West Virginia, 1931, as amended, relating to including education concerning CPR and First Aid in the health education curriculum in any grades six through twelve.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4138--A Bill to amend and reenact §29A-1-3 of the code of West Virginia, 1931, as amended, relating to rule-making requirements of the Department of Health and Human Resources; requiring filing, public notice and comment on certain rules, plans and policies; providing for emergency rulemaking; and requiring public hearings in certain instances.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4139--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended; and to further amend said chapter by adding thereto a new article, designated §17B-2B-1, §17B-2B-2, §17B-2B-3, §17B-2B-4, §17B-2B-5, §17B-2B-6, §17B-2B-7, §17B-2B-8, §17B-2B-9, §17B-2B-10 and §17B-2B-11, all relating to licensing persons using bioptic telescopic devices to operate a motor vehicle; creating a Class G driver's license for persons using bioptic telescopic devices who complete an approved driver training program; authorizing the Division of Rehabilitation Services to create an approved driver training program; establishing minimum eligibility requirements for acceptance into an approved driver training program and minimum curriculum requirements; establishing criteria and restrictions for a Class G instruction permit and driver's license; specifying the duration of the Class G instruction permit and driver's license; providing for removal of the daytime driving restriction in certain circumstances; establishing standards for licensure of restricted out-of-state drivers to obtain a West Virginia Class G instruction permit or driver's license; providing prerequisites for renewal of a Class G driver's license; providing for suspension, revocation and reinstatement of Class G driver's licenses; requiring the Commissioner of the Division of Motor Vehicles to collect information regarding accidents, violations and convictions by Class G licensees and to report the same annually to the Legislature; requiring the Commissioner of the Division of Motor Vehicles and the Director of the Division of Rehabilitation Services to propose legislative rules; and clarifying that training provisions for Class G licensees do not apply to persons already licensed in this state to operate a motor vehicle while wearing bioptic telescopic devices.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. Com. Sub. for House Bill No. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4524--A Bill to amend and reenact §6B-1-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §6B-2-1, §6B-2-2a, §6B-2-3a, §6B-2-4 and §6B-2-5 of said code; and to amend and reenact §6B-3-3c and §6B-3-4 of said code, all relating generally to the ethical standards of public officers, employees and lobbyists; defining additional terms; providing compensation for telephonic participation in meetings; creating a procedure for replacing recused members of the Probable Cause Review Board; altering requirements for pending complaint against a candidate for public office is stayed; establishing a time-frame for candidates to waive stay provisions; clarifying the procedure for replacing recused members of the commission hearing a complaint; providing for exclusive appeal of decisions by the commission imposing sanctions to the circuit court of Kanawha County; permitting personal use of frequent traveler bonus points acquired on official government business; redefining and clarifying what constitutes a limited interest in a public contract; prohibiting public employees or officials from influencing contracts in which they have a financial interest; providing that full-time public officials and full-time public employees may not seek employment with or be employed by a vendor over whose public contract the public official or public employee exercises authority or control; providing a procedure for granting exceptions to the restriction on purchases of personal property from regulated persons and vendors; providing that public officials and employees may not decide matters regarding a vendor with whom the official or employee is seeking employment or has an agreement concerning future employment; providing standards for determining when public officials may or may not vote on matters involving a for profit or not for profit business, including financial institutions, with whom either they or a an immediate family member are associated; providing that lobbyists must complete an ethics training course during each two-year registration cycle; clarifying that notice of suspension of a lobbyist's lobbying privileges be sent to the affected lobbyist by certified mail; requiring lobbyist complete training prior to lobbying; and making technical corrections.
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
Com. Sub. for House Concurrent Resolution No. 39--Requesting the Division of Highways name bridge number O6-O2-0.10, in Cabell County, the "Green Beret Sgt. Jackie L. Waymire Memorial Bridge, Recipient of the Distinguished Service Cross and Bronze Star. Killed in action in Vietnam January 9, 1967".
Whereas, Sgt. Jackie L. Waymire tragically lost his life in the Republic of Vietnam on January 9, 1967; and
Whereas, Sgt. Jackie L. Waymire's base camp came under automatic weapons fire from a reinforced Viet Cong platoon; and
Whereas, Sgt. Jackie L. Waymire led his platoon on an assault against the insurgent flank; and
Whereas, Sgt. Jackie L. Waymire charged an enemy automatic weapons emplacement and killed three insurgents before he was fatally wounded; and
Whereas, Sgt. Jackie L. Waymire was awarded the Distinguished Service Cross for extraordinary heroism for his actions on January 9, 1967; and
Whereas, It is fitting that this bridge be named for Sgt. Jackie L. Waymire to honor his life and his faithful and courageous service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the Third Avenue bridge, number O6-O2-0.10 in Cabell County, the "Green Beret Sgt. Jackie L. Waymire Memorial Bridge, Recipient of the Distinguished Service Cross and Bronze Star. Killed in action in Vietnam January 9, 1967"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Green Beret Sgt. Jackie L. Waymire Memorial Bridge, Recipient of the Distinguished Service Cross and Bronze Star, Killed in action in Vietnam January 9, 1967"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation.
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. 44--Designating the West Virginia Legislature as a Legislature of Promise and urging legislative support of communities within the state who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth.
Whereas, The President's Summit for America's Future in one thousand nine hundred ninety-seven challenged the nation to make children and youth a national priority by providing opportunities for their success through the fulfillment of fundamental promises; and
Whereas, The current President reaffirmed his commitment to this important initiative in two thousand one; and
Whereas, America's Promise is an alliance that brings together communities, individuals and organizations from all sectors to improve opportunities for children and youth; and
Whereas, America's Promise provides five basic promises for youth:
1. Caring adults who are vitally involved in their lives as parents, mentors, tutors and coaches;
2. Safe places with structured activities for learning and play;
3. A healthy start that encourages healthy choices;
4. An effective education that builds marketable skills; and
5. Opportunities to help others; and
Whereas, A statewide network of organizations and individuals has established Communities of Promise throughout the State intent on delivering the Five Promises to their community youth; and
Whereas, Communities of Promise are dependent upon leaders in the community to implement programs designed to deliver the Five Promises locally; and
Whereas, Citizens look to elected officials for support of programs that ensure the success of youth; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature of the State of West Virginia be declared a "Legislature of Promise"; and, be it
Further Resolved, That the members of the Legislature support and encourage programs and promote the development of new Communities of Promise within their districts by fostering programs designed to deliver the Five Promises to the youth of the State of West Virginia.
Referred to the Committee on Education.
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. 51--Requesting the Division of Highways to name the bridge of Route 3 in Arnett, West Virginia, specifically bridge number 41-3/45-0.01 (3758), the "William Arnett Wills Memorial Bridge".
Whereas, William Arnett Wills was born and raised in Arnett, West Virginia, on April 15, 1914, and attended Raleigh County Schools; and
Whereas, William Arnett Wills was married to Nina Combs Wills; and
Whereas, William Arnett Wills entered military service on March 29, 1943, and achieved the rank of United States Army Corporal; and
Whereas, Mr. Wills was wounded in action on the battlefield in eastern France on December 11, 1944, and passed away on December 12, 1944; and
Whereas, William Arnett Wills was awarded the Purple Heart, the Bronze Star, the Combat Infantryman Badge, the Army Good Conduct Medal, the Victory Medal, American Campaign Medal, and the European/African/Middle Eastern Campaign Medal for his courage and bravery while serving our country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 41-3/45-0.01 (3758), the "William Arnett Wills Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entry of said bridge containing bold and prominent letters proclaiming the bridge to be the "William Arnett Wills Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Commissioner of the Division of Highways and Sissy Arnett.
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. 52--Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers employed by the State of West Virginia.
Whereas, Correctional officers are dedicated to enhancing public safety and providing services and responsiveness to victims of crime; and
Whereas, Correctional officers provide a safe, secure and humane correctional system that includes an effective community supervision program and opportunities to prepare offenders for successful re-entry; and
Whereas, Correctional officers face stressful and dangerous situations on a regular basis; and
Whereas, Correctional officers for the Federal Bureau of Prisons who have completed 20 years of service in a position covered by "hazardous duty" law enforcement retirement provisions are eligible to retire at age 50; and
Whereas, Division of Corrections, Regional Jail Authority and Division of Juvenile Services employees are currently members of the Public Employees Retirement System; and
Whereas, Correctional officers may benefit from the creation of a retirement system that considers the risks and work environment associated with their job duties; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the creation of a new retirement system for correctional officers employed by the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative 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 Pensions; 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. 54--Requesting the Division of Highways to name bridge number 40-33-5.92 (2151.0), also known as the Old Scary Railroad Overpass, located at or near mile post 5.92 on Route 33 in Putnam County, West Virginia, the "PFC Michael J. Slater Memorial Bridge".
Whereas, Private First Class Michael J. Slater was a kind and generous citizen who was born and raised in Scott Depot, West Virgina; and
Whereas, Private First Class Michael J. Slater served God, loved his family, always wanted to help people and always had a smile on his face; and
Whereas, Private First Class Michael J. Slater answered the call of duty and faithfully, courageously and heroically served his country in the United States Army as an 88M truck driver with Alpha Company, 407th Brigade Support Battalion, 2nd Brigade Combat Team, 82nd Airborne Division in Iraq; and
Whereas, Private First Class Michael J. Slater distinguished himself by receiving the Bronze Service Medal, Army Commendation Medal, Army Good Conduct Medal, National Defense Service Medal, Iraq Campaign Medal, Global War on Terrorism Service Medal, Army Service Ribbon, Overseas Ribbon, Parachutist Badge and the Weapons Qualification Badge; and
Whereas, Private First Class Michael J. Slater bravely gave his life in Iraq when the load carried on his vehicle shifted, causing the vehicle to roll over; and
Whereas, It is appropriate to bestow a lasting memorial and tribute to honor this heroic young soldier who courageously and dutifully served his country and fellow citizens; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 40-33-5.92 (2151.0), also known as the Old Scary Railroad Overpass, located at or near mile post 5.92 on Route 33 in Putnam County, West Virginia, the "PFC Michael J. Slater Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entrance of the bridge containing in prominent lettering, "The PFC Michael J. Slater Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to Michael J. Slater's surviving parents, Chuck and Patricia Pauley Slater, who reside in Scott Depot, West Virginia, to the Secretary of Transportation and to the Commissioner of the Division of Highways.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
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. 88, Creating brownfield economic development districts.
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,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (S. B. No. 88) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 101, Exempting nonprofit companies providing electricity from property tax.
And,
Senate Bill No. 541, Continuing personal income tax adjustment to certain retirees' gross income.
And reports the same back with the recommendation that they each 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. 142, Relating to limited expungement of certain criminal records.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 142 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §5-1-16a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-11-26, all relating to expungement of certain criminal records generally; changing time frames for petitions for expungement after gubernatorial pardons; authorizing expungement of certain criminal convictions committed between the ages of eighteen and twenty-six; exceptions; and establishing procedures.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 248, Providing state will not participate in Real ID Act of 2005.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 248 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17B-7-1, relating to providing that West Virginia will not participate in the REAL ID Act of 2005 enacted by the United States Congress in Public Law 109-13.
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 Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 248) 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 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. 287 (originating in the Committee on Education), Establishing West Virginia Research Trust Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 287 (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 §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-4, §18B- 18A-5, §18B-18A-6, §18B-18A-7, §18B-18A-8, §18B-18A-9, §18B-18A-10, §18B-18A-11 and §18B-18A-12, all relating to public higher education; research; establishing the West Virginia Research Trust Fund; legislative findings; defining terms; creating special account in the State Treasury; providing for allocation of moneys; authorizing Marshall University and West Virginia University to establish directed research endowments; providing requirements for and administration of directed research endowments; authorizing use of investment earnings; prohibiting expenditure of principal in directed research endowments; providing criteria and restrictions for qualified private donations and qualified private donation pledges; establishing eligible uses of directed research endowment proceeds; requiring directed research endowment plans; establishing criteria and procedures for distribution of matching moneys from the West Virginia Research Trust Fund and providing for reallocation of moneys under certain conditions; requiring participating institutions to return unmatched moneys to the trust fund under certain circumstances; authorizing distribution of certain moneys to state colleges; directing and authorizing Higher Education Policy Commission to promulgate rules; and requiring annual reports.
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. 534, Creating Fire Safety Standard and Firefighter Protection Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 534 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing the Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act; providing short title; establishing definitions; establishing a test method and performance standard; requiring certification and product change information to be submitted to the State Tax Commissioner; requiring markings on cigarette packaging; establishing penalties; authorizing State Tax Commissioner to promulgate legislative rules to administer article; authorizing State Tax Commissioner and Alcohol Beverage Control Commissioner to conduct inspections; creating Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act Fund; providing for sales outside of West Virginia; providing for repeal of article if federal standard is adopted; prohibiting ordinances or local laws conflicting with article; and establishing effective date.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 534) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 536, Exempting Supreme Court probation officers' vehicles from certain registration requirements.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 565, Relating to increased real property assessment notice.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 565 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §11-3-2a of the Code of West Virginia, 1931, as amended, relating to notices of increased assessment; providing an exemption to the required notice of an increase in the assessed valuation of real property when the increase is under one thousand dollars; reducing the required notice period; and removing outdated language.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 565) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 571, Relating to certain firefighters' workers' compensation benefits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 571 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to creating a rebuttable presumption that cardiovascular injury, disease or death or pulmonary disease or death of a professional firefighter is an occupational injury if certain criteria are met; providing that sufficient notice of occupational injury, disease or death has been provided under such circumstances; and establishing presumption that death or injury was not self inflicted.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 571) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 638, Requiring information collection from catalytic converter purchasers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 638 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §61-3-59, relating to the receipt and transfer of catalytic converters; imposing reporting and record retention requirements for certain purchasers of catalytic converters; providing for the inspection of records and materials by investigators employed by law enforcement; and establishing criminal penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 638) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 696, Providing appraisal methods for certain multifamily rental properties.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 696) contained in the preceding report from the Committee on the Judiciary 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. 699, Establishing OxyContin Asset Forfeiture Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 699 (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 §4- 11B-1, §4-11B-2, §4-11B-3 and §4-11B-4, all relating to the establishment of the OxyContin Asset Forfeiture Fund; making legislative findings; providing that moneys in the fund be appropriated by the Legislature; limiting expenditures; and requiring annual reports.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 56 (originating in the Committee on Military)--Requesting the Joint Committee on Government and Finance study the eligibility of certain veterans to have their names placed on the Veterans Memorial Monument which is located on the grounds of the State Capitol.
Whereas, At the time the Legislature approved the funding of the Veterans Memorial Monument to honor and remember those West Virginians who gave their lives for our freedom and liberties it was provided that the names of only those killed in the twentieth century were eligible for placement on those hallowed walls; and
Whereas, With the conflicts in Kosovo, Afghanistan and the war in Iraq, West Virginia's armed forces have died as a result of their service, due to armed conflict or other causes; and
Whereas, Because of their ultimate sacrifice while serving America, these soldiers are worthy and deserving of having their names placed on the Veterans Memorial Monument or on an addition to the monument to honor them and their loved ones; and
Whereas, The present policies should be changed to permit the adding of names of those who died in any conflict after the twentieth century to this sacred shrine and to provide sufficient funds for such addition and the correction of all errors now existing on the present shrine, such as the correct spelling of names, missing names and any other changes necessary to make the information on the veterans monument accurate; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the eligibility of certain veterans to have their names placed on the Veterans Memorial Monument which is located on the grounds of the State Capitol; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendation; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
At the request of Senator Hunter, unanimous consent being granted, the resolution (S. C. R. No. 56) contained in the preceding report from the Committee on Military was taken up for immediate consideration.
On motion of Senator Hunter, the resolution was referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 47, Requesting Division of Natural Resources rename Wallback Lake in Clay County "Sampson Lake".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 54, Urging Secretary of Interior to cause National Park Service and Fish and Wildlife Service to amend certain firearm regulations.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 165, Relating to school employees' donated personal leave days.
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, 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)--32.
The nays were: None.
Absent: Caruth and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 165) passed.
On motions of Senators Plymale and Facemyer, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 165--A Bill to amend and reenact §18A-4-10f of the Code of West Virginia, 1931, as amended, relating to county board of education leave donation programs; allowing use of transferred days in the event of a death in the immediate family; and prescribing method for the return of donated personal leave days.
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. 305, Clarifying procedures for seizing neglected or abused animals.
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, 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)--32.
The nays were: None.
Absent: Caruth and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 305) passed.
On motion of Senator Yoder, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 305--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-1-14; and to amend and reenact §7-10-4 of said code, all relating generally to custody and care of animals abandoned, neglected or cruelly treated; authorizing county commissions to adopt ordinances, rules and regulations relating to such animals; providing for protection of such animals and the public's health, safety and the environment; providing guidance on developing ordinances, rules and regulations relating to such animals; authorizing county commissions that adopt such ordinances, rules and regulations to also limit the number of animals owned or kept based on ability to care for the animals; authorizing county commissions to establish penalties in such ordinances, rules and regulations; and clarifying evidentiary standards in hearings before magistrates involving in the seizure of abandoned, neglected or cruelly treated animals.
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. 590, Protecting health care workers.
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, 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)--32.
The nays were: None.
Absent: Caruth and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 590) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 775, Relating to state parks and state forests.
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, 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)--32.
The nays were: None.
Absent: Caruth and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 775) 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.
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 Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills on today's first reading calendar.
Com. Sub. for Senate Bill No. 265, Creating Special Aircraft Property Valuation Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 462, Raising mental health refusal age of consent.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 465, Eliminating Business Franchise Tax.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Helmick, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 474, Creating limited sales tax holiday for certain Energy Star appliance purchases.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Helmick, the following amendment to the bill was reported by the Clerk and adopted:
B y 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 §11-15-9j, to read as follows:
ARTICLE 15. CONSUMERS SALES AND SERVICE TAX.

§11-15-9j. Annual exemption for purchases of energy efficient products.

(a) There is established an annual sales tax holiday on the sale of specified Energy Star qualified products from the taxes imposed by this article if:
(1) The sales price of the specified Energy Star qualified product is two thousand five hundred dollars or less per purchase for noncommercial home or personal use; and
(2) The sale takes place:
(A) In two thousand eight during a period beginning at 12:01 a.m. eastern daylight time on the first day of September and ending at 11:59 p.m. eastern daylight time on the seventh day of September;
(B) In two thousand nine during a period beginning at 12:01 a.m. eastern daylight time on the first day of September and ending at 11:59 p.m. eastern daylight time on the thirtieth day of September;
(C) In two thousand ten during a period beginning at 12:01 a.m. eastern daylight time on the first day of September and ending at 11:59 p.m. eastern daylight time on the thirtieth day of September.
(b) This section does not apply to tangible personal property for use in a trade or business.
(c) Definition. -- As used in this section, the term "specified exempt Energy Star qualified product" means any battery charger, room air cleaner, water cooler, heat pump, boiler, furnace, geothermal heat pump, ventilating fan, dishwasher, clothes washer, air conditioner, ceiling fan, compact fluorescent light bulb, light fixture, dehumidifier, programmable thermostat, freezer or refrigerator that meets the energy efficient guidelines set by the United States Environmental Protection Agency and the United States Department of Energy and is authorized to carry the Energy Star label.
The bill (Com. Sub. for S. B. No. 474), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 595, Establishing education goals and objectives for 2020.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
On page seventy-six, section five, line thirty-three, by striking out the word "eight" and inserting in lieu thereof the word "nine".
The bill (S. B. No. 595), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following joint resolution and bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Joint Resolution No. 12, Proposing amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment.
Senate Bill No. 152, Requiring certain law-enforcement officers receive nationwide concealed firearm's certification.
Com. Sub. for Senate Bill No. 194, Providing electronic instructional materials to certain students.
Com. Sub. for Senate Bill No. 224, Creating Joint Emergency Services Act of 2008.
Senate Bill No. 237, Repealing county officers' annual report requirement of certain expenditures.
Com. Sub. for Senate Bill No. 239, Creating Senior Citizen Property Tax Payment Deferment Act.
Com. Sub. for Senate Bill No. 291, Appointing additional circuit court judge to Pendleton, Hardy and Hampshire counties.
Com. Sub. for Com. Sub. for Senate Bill No. 311, Allowing judges to order jurors from other counties in certain situations.
Senate Bill No. 466, Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program.
Com. Sub. for Senate Bill No. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund.
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.
Com. Sub. for Senate Bill No. 495, Requiring certain poll worker training.
Com. Sub. for Senate Bill No. 496, Protecting voter registration information.
Com. Sub. for Senate Bill No. 507, Clarifying voting procedures.
Com. Sub. for Senate Bill No. 514, Permitting electronic mail absentee voting.
Com. Sub. for Senate Bill No. 552, Relating to prepaid wireless calling taxes, fees and charges.
Com. Sub. for Senate Bill No. 710, Eliminating spacing consent from certain coal entities.
Senate Bill No. 722, Granting regulatory power to certain Board of Pharmacy facilities.
Com. Sub. for Senate Bill No. 747, Creating PROMISE Scholarship Summer Internship Program.
And,
Senate Bill No. 779, Prohibiting hotel occupancy proceeds paid to certain convention and visitors' bureaus.
The end of today's first reading calendar having been reached, the Senate returned to the consideration of
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 deferred order, was read a second time.
At the request of Senator Kessler, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Prezioso.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Prezioso were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
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, and by unanimous consent, returned to the fourth order of business.
Senator White, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 21st day of February, 2008, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 257), Repealing outdated penitentiary code provisions.
(S. B. No. 258), Repealing outdated code provisions relating to Huttonsville Correctional Center.
And,
(S. B. No. 262), Repealing outdated code provisions relating to Denmar State Hospital.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 58, Removing certain exceptions in minimum wage law.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 58) contained in the preceding report from the Committee on the Judiciary 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 the Judiciary pending.
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. 60, Relating to threat of use of firearm or other deadly weapon as element of first-degree robbery.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 60 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-2-12 of the Code of West Virginia, 1931, as amended, relating to using or threatening to use a firearm or other deadly weapon as an element of robbery in the first degree; and providing criminal penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 60) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 65, Establishing school uniforms incentive plan pilot program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 65 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-35a, relating to establishment of the school uniforms incentive plan pilot program; providing funding for certain public elementary schools which adopt and implement school uniform policies; directing how funds may be spent; and requiring progress report to the Legislative Oversight Commission on Education Accountability.
With the recommendation that the 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. 230, Modifying concealed handgun license and fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 230 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to carrying concealed pistols or revolvers; clarifying that background checks for potential licensees be nationwide; modifying requirements for other states to qualify for reciprocity; and removing requirement that licenses contain the licensee's social security number.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 230) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 280, Modifying Downtown Redevelopment Act.
With an amendment from the Committee on Economic Development pending;
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 280 (originating in the Committee on Finance)--A Bill to amend and reenact §8-13B-3, §8-13B-5, §8-13B-7, §8-13B-11 and §8-13B-14 of the Code of West Virginia, 1931, as amended, all relating to modifying the Downtown Redevelopment Act; and specifying additional expenditures from the Downtown Redevelopment District Fund.
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
Senate Bill No. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund.
With an amendment from the Committee on Education pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Education to which the bill was first referred; and as last amended by the Committee on Finance.
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. 340, Requiring consumers' notification of information security breach.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 340 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104 and §46A-2B-105, all relating to providing definitions; providing that the unauthorized access of certain computerized data which compromises the security or confidentiality of personal information is a breach of the security of a system; requiring notification to an individual of any breach of the security of a system of personal information; requiring certain actions by an entity with respect to a breach of security; making failure to comply with the provisions of this article an unfair or deceptive act or practice; providing for enforcement of this article by the Attorney General; providing civil penalties for violations; providing for enforcement of violations by a licensed financial institution by the primary functional regulator of the institution; and providing for the applicability of the article.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 340) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 470, Allowing political subdivision invest with Investment Management Board and Board of Treasury Investments.
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 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. 473, Relating to wine sales.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 473) contained in the preceding report from the Committee on the Judiciary 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 amendments from the Committee on the Judiciary 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. 476, Allowing certain state employees payment for unused sick leave days.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 476 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5-6, relating to allowing state eligible employees hired prior to the first day of July, two thousand one, to be paid for unused sick leave days in excess of fifty days once per year; creating the State Employee Sick Leave Fund; naming the State Auditor as administrator of the fund; and authorizing rulemaking to implement the provisions of this section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 504, Relating to child support enforcement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 504 (originating in the Committee on Health and Human Resources)--A Bill to repeal §48-18- 201, §48-18-202, §48-18-203, §48-18-204, §48-18-205 and §48-18-206 of the Code of West Virginia, 1931, as amended; to amend and reenact §38-3-18 of said code; to amend and reenact §48-1-205, §48- 1-225, §48-1-230 and §48-1-302 of said code; to amend and reenact §48-11-103 and §48-11-105 of said code; to amend said code by adding thereto a new section, designated §48-13-804; to amend and reenact §48-14-102, §48-14-106, §48-14-108, §48-14-203, §48-14-302, §48-14-404, §48-14-407, §48-14-408, §48-14-414, §48-14-502, §48-14- 503, §48-14-701 and §48-14-801 of said code; to amend and reenact §48-15-201 of said code; to amend and reenact §48-17-101, §48-17- 102, §48-17-103, §48-17-105, §48-17-106, §48-17-107 and §48-17-109 of said code; to amend and reenact §48-18-102, §48-18-118, §48-18- 120 and §48-18-126 of said code; and to amend said code by adding thereto four new sections, designated §48-18-118a , §48-18-126a, §48-18-126b and §48-18-126c, all relating generally to child support enforcement; clarifying findings of fact in court orders when income is attributed for purposes of setting child support; clarifying that prescription drugs are included in medical support; providing that inmate concession accounts are income for withholding purposes; reducing the interest rate on unpaid child support from ten percent per annum to five percent per annum; providing for support to continue past age eighteen by operation of law; establishing a procedure for refunding of properly withheld amounts when a support order is modified; requiring family court judges enter default orders setting child support; allowing the Bureau for Child Support Enforcement to bring an action for medical support; providing refund procedures when a party to a support order is deceased; clarifying that an affidavit of accrued support may be filed in the court where the original order was entered; clarifying that certain enforcement remedies for child support arrearages will toll the running of the statute of limitations; allowing the collection through income withholding of court-ordered fees; clarifying that withholding limitations do not apply to bonuses; providing for remedies against employers who improperly withhold child support; creating consistency among civil contempt penalties; authorizing the Bureau for Child Support Enforcement to collect an additional one hundred dollars when arrearage triggers are met; eliminating the requirement that the Bureau for Child Support Enforcement attorney meet with the parties prior to the posting of a bond; authorizing the Tax Commissioner to deny issuance or reissuance of a business license; reconstituting the Child Support Enforcement Commission to allow for review of the child support formula by the commission; clarifying the duties of the Bureau for Child Support Enforcement Commissioner with respect to the child support formula; allowing the Tax Commissioner to supply names and addresses to the Bureau for Child Support Enforcement for enforcement of support obligations; allowing collection of overpayments to support obligees from state tax refunds; clarifying the requirement that parties receive annual statements; requiring the Bureau for Child Support Enforcement to review all public assistance cases every three years; clarifying that attorneys for the Bureau for Child Support Enforcement may enter an administrative order to modify a child support obligation; providing for consistency of service of process; and making technical corrections.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 504) 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 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. 554, Relating to osteopathic physician and surgeon licensing requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 554 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-14-2, §30-14-4, §30-14-5 and §30-14-11 of the Code of West Virginia, 1931, as amended, all relating generally to licensing requirements for osteopathic physicians and surgeons; removal of inconsistent and outdated provisions; providing that the licensing requirements for osteopathic physicians and surgeons be clarified and updated; and providing additional causes for revoking or suspending a license.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr., Chair.
At the request of Senator Bowman, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Stollings, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 554) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 559, Increasing certain Cultural Facilities and Capitol Resources Matching Grant Program Fund allocations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 559 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 559) contained in the preceding report from the Committee on the Judiciary 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 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. 580, Authorizing magistrate courts to accept unsigned citation payments.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 580 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §50-5-14a, relating to authorizing magistrate courts to accept unsigned copies of citations with payments for same.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 580) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 594, Relating to reducing school violence and disorderly conduct.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 594 (originating in the Committee on Education)--A Bill to amend and reenact §18A-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18A-5-1c, all relating to the authority of teachers and school personnel over students; exclusion and readmission of students from and to the classroom; the creation of more alternative learning centers or placements, subject to funding; requiring countywide meetings to discuss effective discipline policies; requiring local school improvement councils to review certain discipline related issues; transmitting any determination of unfair or inconsistent discipline to the county superintendent; and establishing the Bill of Rights and Responsibilities for Students and School Personnel.
And,
Senate Bill No. 611, Relating to teachers' alternative education.
And reports back a substitute for same with the following title:
Com. Sub. for Senate Bill No. 611 (originating in the Committee on Education)--A Bill to amend and reenact §18A-3-1a and §18A-3-3 of the Code of West Virginia, 1931, as amended, all relating to certification of professional educators; alternative programs for the education of teachers; increasing the minimum age to qualify for an alternative program teacher certificate; collaboration with a research and doctoral degree-granting public institution of higher education in this state; removing required minimum number of hours of course work for alternative routes to certification; requiring state board rule for the approval and operation of alternative education programs for certified teachers to obtain an additional endorsement; and modifying one of the requirements for renewing a professional or first class certificate based upon a bachelor's degree.
With the recommendation that the two committee substitutes do pass.
Respectfully submitted,
Robert H. Plymale,
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. 619, Defining certain external defibrillators' user terms.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 619 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §16-4D-2, §16-4D-3 and §16-4D-4 of the Code of West Virginia, 1931, as amended, all relating to adding definitions for anticipated and unanticipated users of external defibrillators; and limiting liability toward unanticipated users who render aid.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 619) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 628, Relating to motor vehicle accident reports.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 628) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 641, Creating Water Resources Protection and Management Act.
And has amended same.
Now on second reading, having been read a first time on February 18, 2008;
And reports the same back with the recommendation that it do pass, as amended.
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. 654, Finding and declaring certain claims against state.
And reports the same back with the recommendation that it 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. 657, Creating Alcohol and Drug-Free Workplace Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 657 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §21-1D-1, §21-1D-2, §21-1D-3, §21-1D-4, §21-1D-5, §21- 1D-6, §21-1D-7, §21-1D-8 and §21-1D-9, all relating to the West Virginia Alcohol and Drug-Free Workplace Act; providing definitions; providing a statement of policy; requiring public improvement contractors to have and implement a drug-free workplace program that requires drug and alcohol testing; requiring a drug- free workplace policy to be posted at a public improvement construction site; requiring drug-free workplace records and contents be open for inspection; providing penalties; and providing that this article shall only apply to contracts awarded after this article takes effect.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 657) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 659, Increasing certain crime victims' benefits.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 659) contained in the preceding report from the Committee on the Judiciary 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 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. 689, Allowing State Auditor to fulfill certain tax lien requirements.
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,
Jeffrey V. Kessler,
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 the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 689) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 697, Authorizing Chief Medical Examiner to determine blood tester's qualifications.
And,
Senate Bill No. 705, Creating Consent to Health Care of Minor's 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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Stollings, unanimous consent being granted, the bills (S. B. Nos. 697 and 705) contained in the preceding report from the Committee on Health and Human Resources 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 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. 704, Regulating viatical life insurance settlements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 704 (originating in the Committee on Banking and Insurance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-13C-1, §33-13C-2, §33-13C-3, §33-13C-4, §33-13C-5, §33-13C-6, §33-13C-7, §33-13C-8, §33-13C-9, §33-13C-10, §33-13C-11, §33-13C-12, §33-13C-13, §33-13C-14, §33-13C-15, §33-13C-16, §33- 13C-17 and §33-13C-18, all relating to viatical settlements of life insurance policies between life insurance policyholders and third parties; providing for licensing of viatical settlement providers and brokers; requiring payment of fees; authorizing proposal of and promulgation of rules, including emergency rules; and providing civil and criminal penalties for violations.
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,
Joseph M. Minard,
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 the bill contained in the foregoing report from the Committee on Banking and Insurance.
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. 750, Relating to adjuster and insurance provider licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 750 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to continuing education credits for active annual membership in professional organizations or associations for an individual insurance producer.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 770, Reducing certain landfill solid waste assessment fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 770 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-15-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-15A-19 of said code; to amend and reenact §22-16-4 of said code; and to amend and reenact §22C-4-30 of said code, all relating generally to reduction of solid waste assessment fees; providing a method for determining effective date of the fee reductions; authorizing reduction in tariffs after assessment fees reduced; providing for reduction in solid waste disposal costs; and deleting obsolete language.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 770) contained in the preceding report from the Committee on the Judiciary 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. 780 (originating in the Committee on Government Organization)--A Bill to amend and reenact §6C-2-1, §6C-2-2, §6C-2-3 and §6C-2-4 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Public Employees Grievance Procedure; clarifying definitions, general provisions and grievance proceedings; defining "conference" and "level one hearing"; increasing time to hold a level one hearing; deleting mediation-arbitration; adding private arbitration; clarifying level three hearing; and making technical corrections.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 781 (originating in the Committee on Finance)- -A Bill to amend and reenact §38-5A-4 and §38-5A-5 of the Code of West Virginia, 1931, as amended; and to amend and reenact §38-5B-4 of said code, all relating to service of suggestee execution and notice.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
On motion of Senator Helmick, the bill (S. B. No. 781) contained in the foregoing report from the Committee on Finance was then referred to the Committee on the Judiciary.
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 Concurrent Resolution No. 57 (originating in the Committee on Energy, Industry and Mining)-- Requesting the Joint Committee on Government and Finance study the administration and enforcement of oil and gas wells relating to the rights of surface owners.
Whereas, From 1994 to 2000, an average of 842 oil and gas drilling "well work" permits were issued in West Virginia; and
Whereas, Between, 2001 to 2004, the average increased to 1,272 permits a year; and
Whereas, In 2005, the Office of Oil and Gas of the Department of Environmental Protection issued 2,660 permits and, in 2006, the agency issued 3052 permits, a record, with the upward trend continuing to the present; and
Whereas, The review and issuance of oil and gas well drilling permits together with the enforcement of the down-hole drilling requirements for protecting groundwater and other underground resources, as well as the requirements for enforcement of the reclamation of well sites, access roads and other surface uses, is all carried out primarily by the Office of Oil and Gas of the Department of Environmental Protection; and
Whereas, The Office of Oil and Gas has only 14 inspectors to review the numerous permit applications and oversee all of this drilling activity arising from the thousands of permits, and the same inspectors are also responsible for 40,000 active oil and gas wells and 25,000 inactive oil and gas wells; and
Whereas, A very large number of wells are drilled in which the ownership of the oil and gas and the right to drill for the oil and gas are severed from the ownership of the surface by private citizens and have been for many decades; and
Whereas, Under the common law, when the severance of the oil and gas and drilling rights from the surface occurred prior to 1983, the minerals are considered the "dominant estate" and the surface is considered the "subservient estate"; and
Whereas, The law regarding the rights of the individual surface owner versus the rights of the oil and gas owner and driller are governed in the first instance by the common law "fairly necessary" general rule which can only be determined and enforced by the circuit court of the county at issue when a dispute arises; and
Whereas, Surface owners rarely have the resources or enough advance warning to take their grievances to circuit court when drillers propose to do more than is "fairly necessary" to their lands; and
Whereas, The rights of individual surface owners to compensation is governed by the West Virginia Oil and Gas Production Compensation Act which has not been revised since 1983; and
Whereas, The West Virginia statutes only give an individual surface owner the right to receive a copy of the driller's application for a permit to drill an oil and gas well 15 days before the Office of Oil and Gas issues a drilling permit, which is after the driller has already selected and surveyed the well site and access road locations, and this statute has also not been revised in that regard since 1983; and
Whereas, The surface owner can comment to the state solely on how the access road and drill site is to be constructed, but not generally with regard to where the access road and drilling site are to be constructed. Additionally, the surface owner can only make limited comments, and this statute has also not been revised in that regard since 1983; and
Whereas, Protections for the varying interests of the individual surface owner and, generally, of the environment and the public are contained in the West Virginia Erosion and Sediment Control Field Manual of the Office of Oil and Gas, which has not been revised in many years; and
Whereas, A few surface owners have a right to gas from wells on their property, and some drillers will sell surface owners retail gas from wells on their property, but many drillers will not even agree to sell surface owners gas from gas wells placed on their property; and
Whereas, Many surface owners have voiced their concerns that their interests and the interests of the public are not adequately addressed by the current state of the law and statutes or by the State's current ability to carry out its duties; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the administration and enforcement of oil and gas wells relating to the rights of surface owners ; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the existing law and regulation of oil and gas drilling by the State of West Virginia and the laws providing for compensation of surface owners, and whether the law should be updated or otherwise changed to improve protection of the public interest and the varying interests of the individual surface owners whose land is used for well sites, access roads, pipelines and other purposes; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the feasibility of requiring free, wholesale or retail gas for surface owners upon whose land well sites and access roads are or have been placed; and, be it
Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study other general changes in the law regarding the exploration for, drilling for and production of oil and gas, including coal bed methane gas, in this state; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
At the request of Senator Hunter, unanimous consent being granted, the resolution (S. C. R. No. 57) contained in the preceding report from the Committee on Military was taken up for immediate consideration.
On motion of Senator Hunter, the resolution was referred to the Committee on Rules.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Caruth.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 22, 2008, at 11 a.m.
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