WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 22, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Lewis Arnold, Mullens
Pentecostal Holiness Church, Mullens, West Virginia.
Pending the reading of the Journal of Thursday, February 21,
2008,
On motion of Senator Sprouse, 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 Clerk presented the following communication:
COUNTY COMMISSION OF BERKELEY COUNTY
February 21, 2008
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. Holmes:
At the Thursday, February 21, 2008, meeting of the Berkeley
County Commission action was taken to approve the Resolution
Requesting the West Virginia Legislature to Reform the County's
Current Form of Government by the Berkeley County Commission. In
addition to the resolution, we are forwarding a copy of the
Berkeley County Commission agenda which served as the public notice
of the resolution's consideration. Please file the resolution and
take whatever action necessary to process it through the
legislative system.
Should you require any additional information, do not hesitate
to contact the offices of the Berkeley County Commission at (304)
264-1923. Thank you.
Sincerely,
William L. Stubblefield,
Commissioner.
BEFORE THE COUNTY COMMISSION OF
BERKELEY COUNTY, WEST VIRGINIA
IN RE: RESOLUTION REQUESTING THE WEST VIRGINIA LEGISLATURE TO
REFORM THE COUNTY'S CURRENT FORM OF GOVERNMENT
Whereas, For some period of years, interested citizens of
Berkeley County have expressed an interest in increasing the number
of commissioners who serve on the Berkeley County Commission from
its current three members to five; and
Whereas, Two of the current commissioners have agreed that
this issue should be put before the voters of this County; and
Whereas, On the 24th day of May, 2007, the Commission voted
affirmatively upon a motion to submit a resolution of application
to the West Virginia Legislature, asking that such reformation be
submitted to the voters; and
Whereas, That resolution was revised, clarified and
affirmatively adopted, on the 21st day of February, 2008, in
session, duly advertised by posted agenda, at the Courthouse and on
the Commission website; and
Whereas, At that session, the Commission approved a motion
directing the submission of the revised resolution to the Senate
and House of West Virginia;
NOW, THEREFORE, the Berkeley County Commission hereby resolves
as follows:
1.That the growth which this County has experienced over
the past fifteen years, which growth has caused Berkeley County to
become the second largest county in the State of West Virginia and
the 56th fastest growing county in the nation, has, likewise,
caused the business coming before this Commission to dramatically
increase.
2.That, further, the business of managing the resources and
meeting the demands of such a growing county has suggested to many
of our citizens that consideration of the business before the Commission and its attendant boards, authorities and commissions,
should be shared among a greater number of elected officials.
3.That the Commission requests, therefore, that the
Legislature adopt legislation which will put before the voters of
Berkeley County the question of a tribunal, composed of five
members, which tribunal shall be called the Berkeley County Council
and shall have all the powers and responsibilities currently
enjoyed by the existing Commission, and any other powers and
responsibilities granted to or imposed upon such governing bodies
by the Legislature in the future.
4.That the Commission requests that the question be put
before the voters of Berkeley County at the general election to be
held on the 4th day of November, 2008.
5.That the Commission further requests the Legislature to
fashion its legislation granting this request by directing that the
members of the Council be nominated and elected in the following
manner, beginning with nominations at the primary election to be
held on the 11th day of May, 2010, or on the date scheduled by the
West Virginia Legislature for such election, if such date is
changed, and culminating in the election of the three new council
members at the general election scheduled for the first Tuesday in
November, 2010; that two of such members shall be those members of
the existing Commission whose terms will have not ended by January
1, 2011; that the other three members shall be elected for staggered terms of two, four and six years, respectively, such
terms being decided by designating the six-year term to the
candidate with the greatest number of votes, the four-year term to
the candidate certified as a winner having the next greatest number
of votes and the two-year term to the candidate certified as a
winner having the third greatest number of votes. No two members
of the Council elected shall be from the same magisterial district
and all candidates shall be selected by at-large election.
6.That the new Council shall be effective and the elected
members of the same shall take office on January 1, 2011.
7.That the election herein referenced shall conform in all
respects to the election laws and rules administered by the West
Virginia Secretary of State.
Done this 21st day of February, 2008, at Martinsburg, Berkeley
County, West Virginia.
Steven C. Teufel,
President,
Ronald K. Collins,
Commissioner,
William L. Stubblefield,
Commissioner.
ATTEST:
John W. Small, Jr.,
Clerk.
Which communication and resolution were received and referred
to the Committee on Government Organization.
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. 3056--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-5-30, relating to authorization for
pharmacists to administer immunizations, setting forth limitations
on those immunizations as to type of immunizations and age of the
recipient; establishing training requirements, establishing
reporting requirements; providing rule-making authority; and
requiring annual reporting to the West Virginia Board of Pharmacy.
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. 4129--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §30-1-18; to amend said code by adding thereto
a new section, designated §30-3-16a; to amend said code by adding
thereto two new sections, designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated §30-5-
10a; to amend said code by adding thereto a new section, designated
§30-7-6a; to amend said code by adding thereto a new section,
designated §30-8-5a; to amend said code by adding thereto a new
section, designated §30-14A-5; to amend said code by adding thereto
a new section, designated §30-20-8a; to amend said code by adding
thereto a new section, designated §30-21-16; and to amend said code
by adding thereto a new section, designated §30-28-8a, all relating
to the establishment of special, retired, volunteer and inactive
licenses for certain professions and occupations; providing
legislative rulemaking authority to the respective boards to set
licensure criteria and continuing education; providing for special
volunteer licenses for certain health care providers providing
volunteer services; waiving certain licensing fees; and providing
civil immunity for special volunteer licenses for certain health
care providers.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4299--A Bill to amend and
reenact §8-15-17 of the Code of West Virginia, 1931, as amended,
relating to requirements for firefighter applicants.
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. Com. Sub. for House Bill No. 4303--A Bill to amend and
reenact §30-36-18 and §30-36-19 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto two new
sections, designated §30-36-21 and §30-36-22, all relating to the
Board of Acupuncture; clarifying disciplinary causes and actions;
providing for complaint investigations, hearings; and providing
civil and criminal penalties.
Referred to the Committee on Government Organization; 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. 4333--A Bill to amend and
reenact §33-17-9b of the Code of West Virginia, 1931, as amended,
relating to disbursement of fire insurance proceeds; authorizing
the Insurance Commissioner to promulgate a rule providing for an
insurance company to escrow a portion of the proceeds for fire
cleanup costs; limiting application of provisions to municipalities
which have adopted and filed an ordinance or other valid
regulation; and limiting application of provisions to certain
circumstances.
Referred to the Committee on Banking and Insurance.
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. 4407--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-15-51, relating to required equipment for
school buses; and requiring automatic tire chains as standard
equipment on all new school buses.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4487--A Bill to amend §17C-
4-9 of the Code of West Virginia, 1931, as amended, relating to
prohibiting public disclosure of the social security number of any
person named or disclosed in a motor vehicle accident report;
exceptions.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4496--A Bill to amend and
reenact §18-7A-14, §18-7A-18, §18-7A-34 and §18-7A-40 of the Code
of West Virginia, 1931, as amended; to amend and reenact §18-7B-7,
§18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1,
§18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-
8, §18-7C-9, §18-7C-10, §18-7C-11, §18-7C-12, §18-7C-13 and §18-7C-
14 of said code; and to further amend said code by adding thereto
a new section, designated §18-7C-15, all relating to providing
opportunities for members of the teachers' defined contribution
retirement system to the state teachers retirement system;
providing for contributions by employers and members; authorizing
loans to members; providing for transfer of higher education
employees who are members of the teachers' defined contribution
retirement system; providing for transfer of certain members
returning to employment with participating employer; prohibiting
transfers to teachers' defined contribution retirement system;
providing findings and purposes of enactment; providing definitions
of terms; establishing percentage of actively contributing members
of the Teachers' Defined Contribution Retirement System voluntarily
and affirmatively electing to transfer to the State Teachers
Retirement System that required to authorize those transfers;
providing for notice, counseling and other education prior to
opportunity to affirmatively electing to transfer; providing for
access to schools; establishing July 1, 2008, as effective date of transfer; requiring additional contribution upon transfer and
establishing reduction in service credit if additional contribution
not made; establishing an initial date for retirement; providing
for loans to make additional contribution and payroll deduction
program for repayment; establishing processes for members of the
Teachers' Defined Contribution Retirement System to affirmatively
elect to transfer; establishing powers and duties of the
consolidated public retirement board relating to the process and
transfers; providing for effect of transfers on qualified domestic
relations orders and vesting; providing guaranteed minimum
benefits; providing certain appellate processes; and providing for
additional opportunity to transfer in certain limited
circumstances; providing increased cost to member for transferring
under those circumstances; establishing July 1, 2009, as final
effective date of transfer and exceptions; and providing for
funding needed to offset any additional unfunded actuarially
accrued liability.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4500--A Bill to amend and
reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding a new section,
designated §15-2C-9, all relating to providing qualified entities
access to the West Virginia Central Abuse Registry; defining the
responsibilities of qualified entities; and establishing fees for
requests by qualified entities.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4515--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17B-3-13, relating to reports by health care
providers of persons incompetent to drive an automobile.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 309, Increasing Secretary of
Transportation and Commissioner of Highways salary when one person
serves as both.
And,
Senate Bill No. 777, Authorizing Marshall University and West Virginia University to manage certain real property.
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. 349, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to fee structure for Pesticide
Control Act of 1990.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 349 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 9,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee and
as amended by the Legislature; authorizing the Board of Acupuncture
to promulgate a legislative rule relating to disciplinary and
complaint procedures for acupuncturists; authorizing the Board of
Acupuncture to promulgate a legislative rule relating to continuing
education requirements;
authorizing the Commissioner of Agriculture
to promulgate a legislative rule relating to the fee structure for
the Pesticide Control Act of 1990; authorizing the Commissioner of
Agriculture to promulgate a legislative rule relating to
auctioneers; authorizing the Commissioner of Agriculture to
promulgate a legislative rule relating to the West Virginia Plant
Pest Act; authorizing the Commissioner of Agriculture to promulgate
a legislative rule relating to the inspection of meat and poultry;
authorizing the Commissioner of Agriculture to promulgate a
legislative rule relating to frozen desserts and imitation frozen
desserts; authorizing the State Auditor to promulgate a legislative
rule relating to standards for requisitions for payment issued to
state officers on the Auditor; authorizing the State Auditor to
promulgate a legislative rule relating to the State Purchasing Card Program; authorizing the Board of Dental Examiners to promulgate a
legislative rule relating to the board; authorizing the State
Election Commission to promulgate a legislative rule relating to
corporate political activity; authorizing the State Election
Commission to promulgate a legislative rule relating to the
regulation of campaign finance; authorizing the State Election
Commission to promulgate a legislative rule relating to election
expenditures; authorizing the Board of Funeral Service Examiners to
promulgate a legislative rule relating to funeral director,
embalmer, apprentice, courtesy card holder and funeral
establishment requirements; authorizing the Board of Hearing Aid
Dealers to promulgate a legislative rule relating to the board;
authorizing the Massage Therapy Licensure Board to promulgate a
legislative rule relating to general provisions; authorizing the
Medical Imaging and Radiation Therapy Technology Board of Examiners
to promulgate a legislative rule relating to the board; authorizing
the Medical Imaging and Radiation Therapy Technology Board of
Examiners to promulgate a legislative rule relating to continuing
education; authorizing the Medical Imaging and Radiation Therapy
Technology Board of Examiners to promulgate a legislative rule
relating to a standard of ethics; authorizing the Board of Medicine
to promulgate a legislative rule relating to continuing education
for physicians and podiatrists; authorizing the Board of Medicine
to promulgate a legislative rule relating to collaborative pharmacy practice; authorizing the Board of Medicine to promulgate a
legislative rule relating to certification, disciplinary and
complaint procedures, continuing education and radiologist
assistants; authorizing the Nursing Home Administrators Licensing
Board to promulgate a legislative rule relating to nursing home
administrators; authorizing the Pharmaceutical Cost Management
Council
to promulgate a legislative rule relating to prescription
drug advertising expense reporting; authorizing the Board of
Professional Surveyors to promulgate a legislative rule relating to
the examination and licensing of professional surveyors in West
Virginia; authorizing the Board of Professional Surveyors to
promulgate a legislative rule relating to fees for surveyors and
surveying firms; authorizing the Board of Professional Surveyors to
promulgate a legislative rule relating to standards for the
practice of surveying in West Virginia; authorizing the Public
Service Commission to promulgate a legislative rule relating to
emergency telephone service;
authorizing the Secretary of State to
promulgate a legislative rule relating to the use of digital
signatures, state certificate authority and the state repository;
authorizing the Board of Examiners for Speech-Language Pathology
and Audiology to promulgate a legislative rule relating to the
licensure of speech-pathology and audiology;
and authorizing the
Board of Veterinary Medicine to promulgate a legislative rule
relating to the registration of veterinary technicians.
Senate Bill No. 398, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to food
establishments.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 398 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
Department of Health and Human Resources and the procedures
relating thereto; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee and
as amended by the Legislature;
authorizing the Department of Health
and Human Resources to promulgate a legislative rule relating to
food establishments
; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to water wells
;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to water well design
standards; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to hospice licensure
;
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to the regulation of opioid
treatment programs;
authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to the newborn
screening system; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to clandestine
drug laboratory remediation; and authorizing the Department of
Health and Human Resources to promulgate a legislative rule
relating to emergency medical services.
And,
Senate Bill No. 417, Authorizing Insurance Commissioner
promulgate legislative rule relating to guaranteed loss ratios as
applied to individual sickness and accident insurance policies.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 417 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 7,
chapter 64 of the Code of West Virginia,
1931
, as amended, relating
generally to the promulgation of administrative rules by the Department of Revenue and the procedures relating thereto;
legislative mandate or authorization for the promulgation of
certain legislative rules; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules as amended by the Legislature;
authorizing certain of the agencies to promulgate certain
legislative rules with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee and as
amended by the Legislature;
authorizing the Alcohol Beverage
Control Commission to promulgate a legislative rule relating to
retail licensee operations
; authorizing the Alcohol Beverage
Control Commission to promulgate a legislative rule relating to
farm wineries;
authorizing the Alcohol Beverage Control Commission
to promulgate a legislative rule relating to the sale of wine
;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to guaranteed loss ratios as applied to individual
sickness and accident insurance policies
;
authorizing the Insurance
Commissioner to promulgate a legislative rule relating to mental
health parity
;
authorizing the Insurance Commissioner to promulgate
a legislative rule relating to recognition of preferred mortality tables for use in determining minimum reserve liabilities
;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to the replacement of life insurance policies and
annuity contracts
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to military sales practices
;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to suitability in annuity transactions
; authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to life insurance disclosures;
authorizing the Insurance
Commissioner to promulgate a legislative rule relating to life
insurance illustrations
;
authorizing the Insurance Commissioner to
promulgate a legislative rule relating to examiners and
examinations
; authorizing the Insurance Commissioner to promulgate
a legislative rule relating to the licensing and conduct of
insurance producers, agencies and solicitors; authorizing the
Insurance Commissioner to promulgate a legislative rule relating to
fingerprinting requirements for applications for an insurance
producer license;
authorizing the Lottery Commission to promulgate
a legislative rule relating to racetrack table games
; and
authorizing the State Tax Department to promulgate a legislative
rule relating to the exchange of information agreement between the
Commissioner of the Tax Division of the Department of Revenue and
the Commissioner of the Division of Labor of the Department of
Commerce, the Commissioner of the Insurance Commission of the Department of Revenue, the Commissioner of the Division of Motor
Vehicles of the Department of Transportation, the Commissioner of
the Bureau of Employment Programs and the Office of the Governor.
With the recommendation that the three committee substitutes
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. 533, Relating to motor vehicle dealer
requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 533 (originating in the
Committee on Transportation and Infrastructure)--A Bill
to amend
and reenact §17A-6-1b, §17A-6-2a, §17A-6-4, §17A-6-7, §17A-6-15 and
§17A-6-18a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §17A-6E-2 of said code, all relating to the
licensing of dealers; extending authority to out-of-state dealers
to issue vehicle registrations; expanding authority of Dealer
Recovery Fund Control Board to consider claims against the fund; increasing minimum bond requirement from ten thousand dollars to
twenty-five thousand dollars; establishing minimum number of sales
prior to renewal and opportunity for appeal; exempting salespersons
employed by dealers selling commercial vehicles, financial
institutions and auctions from the requirement to obtain a
salesperson license; and authorizing the commissioner to require
participation in an electronic temporary plates or markers program
as a precondition for issuance of temporary plates.
And,
Senate Bill No. 556, Requiring owner's or operator's prior
written authorization to tow vehicle.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 556 (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 §24A-2A-1, §24A-2A-2, §24A-2A-3 and §24A-
2A-4, all relating to the disposition of unlawfully parked vehicles
by common carriers engaged in the business of towing, hauling or
carrying wrecked or disabled vehicles and mobile homes; defining
certain terms; providing for prior written authorization for the
towing of motor vehicles without the consent of the owner or
operator; providing for criminal background checks for operators of
towing vehicles; providing the local law-enforcement agency with information regarding a vehicle that has been towed and stored;
establishing procedures for redeeming a towed motor vehicle and the
personal property in the towed motor vehicle; and directing the
Public Service Commission to conduct a study of statutory law
regarding the towing of vehicles and to provide findings and
recommendations to the Legislature.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 533 and 556) contained
in the preceding report from the Committee on Transportation and
Infrastructure 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 574, Increasing State Police compensation.
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. 680, Relating to corporate net income tax and
business franchise tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 680 (originating in the
Committee on Finance)--A Bill to repeal §11-23-5b of the Code of
West Virginia, 1931, as amended; to amend and reenact §11-13S-4 of
said code; to amend said code by adding thereto a new article,
designated §11-13Y-1, §11-13Y-2, §11-13Y-3, §11-13Y-4, §11-13Y-5,
§11-13Y-6, §11-13Y-7, §11-13Y-8 and §11-13Y-9; to amend and reenact
§11-23-5a of said code; to amend said code by adding thereto a new
section, designated §11-23-17b; to amend and reenact §11-24-3a,
§11-24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d,
§11-24-13f and §11-24-42 of said code; and to amend said code by
adding thereto a new section, designated §11-24-3b, all relating to
corporate net income tax and business franchise tax and combined
reporting; specifying percentage of taxes subject to offset by manufacturing investment tax credit; West Virginia Financial
Organizations Jobs Retention Act; providing definitions; providing
for eligibility for tax credits; specifying creation of the tax
credit; specifying amount of credit allowed; specifying application
of annual credit allowance and schedule; specifying annual
computation of the number of jobs held by qualified employees;
specifying availability of credit to successors; specifying credit
recapture, interest, penalties and additions to tax and statute of
limitations; specifying effective date; specifying allocation and
apportionment methods and rules; specifying application of certain
tax credits; defining terms; specifying general meaning relating to
the term "tax haven"; specifying imposition of tax and rates;
specifying reductions of corporation net income tax rate;
specifying nullity for designated provisions; specifying removal of
nullity for designated provisions; specifying apportionment rules
for financial organizations; specifying treatment of insurance
companies; specifying method of filing; specifying application of
designated net operating losses; specifying treatment of designated
dividends; mandating reporting on water's-edge unitary basis;
specifying election to report based on worldwide unitary basis;
specifying authority of Tax Commissioner to prescribe reporting
basis; and specifying effective dates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 680) contained in the
preceding report from the Committee on Finance 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
Com. Sub. for Senate Bill No. 686 (originating in the
Committee on Transportation and Infrastructure), Relating to
Infrastructure and Jobs Development Council.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 686 (originating
in the Committee on Finance)--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 and gas 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
and sewer lines; 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 for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 686) contained in the
preceding report from the Committee on Finance 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. 782 (originating in the Committee on Finance)-
-A Bill to amend the Code of West Virginia, 1931, as amended, by
adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-
6H-3, §11-6H-4, §11-6H-5 and §11-6H-6, all relating to a special
method of valuation of manufacturing inventory property; providing
definitions; providing the methodology for valuation of
manufacturing inventory property; stating that the initial determination of valuation is to be made by the county assessor;
authorizing the protest and appeal of the assessor's decision; and
stating the effective date of the article.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 782) contained in the preceding report
from the Committee on Finance 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. 783 (originating in the Committee on Finance)-
-A Bill to amend and reenact §7-22-3, §7-22-5, §7-22-7 and §7-22-16
of the Code of West Virginia, 1931, as amended, all relating to
modifying the County Economic Opportunity Development Act to
promote development of municipal areas which are unusable without
extraordinary expenditures.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 783) contained in the preceding report
from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Bill No. 784 (originating in the Committee on Rules)--A
Bill to amend and reenact §7-1-1 of the Code of West Virginia,
1931, as amended; and to amend said code by adding thereto a new
section, designated §7-1-1a, all relating to reforming, altering or
modifying county government as authorized in section thirteen,
article IX of the West Virginia Constitution; establishing
requirements for reforming, altering or modifying county
commission; and providing alternative forms of county government.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
At the request of Senator Chafin, unanimous consent being
granted, the bill (S. B. No. 784) contained in the preceding report from the Committee on Rules was taken up for immediate
consideration, read a first time and ordered to second reading.
The Senate proceeded to the eighth 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 third reading, coming up in regular order, with the right
having been granted on yesterday, Thursday, February 21, 2008, for
amendments to be received on third reading, was reported by the
Clerk.
At the request of Senator Hunter, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar, and with the right for amendments to be considered on
third reading remaining in effect.
Eng. Com. Sub. for Senate Bill No. 265, Creating Special
Aircraft Property Valuation Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Chafin moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, Yoder and Tomblin (Mr. President)--28.
The nays were: White--1.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
Excused from voting: Chafin--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. 265) 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. 462, Raising mental health
refusal age of consent.
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, Minard, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
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. 462) 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. 474, Creating limited sales
tax holiday for certain Energy Star appliance purchases.
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, Minard, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
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. 474) 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. 595, Establishing education goals and
objectives for 2020.
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, Minard, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 595) 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, Minard, Plymale, Prezioso, Sprouse, Stollings, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: None.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 595) takes effect from passage.
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 Joint Resolution No. 12, Proposing
amendment to Constitution designated Manufacturing Inventory and Tangible Personal Property Tax Exemption Amendment.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Caruth, the following amendment to the
resolution was reported by the Clerk:
By striking out everything after the Resolved clause and
inserting in lieu thereof the following:
That the question of ratification or rejection of an amendment
to the Constitution of the State of West Virginia be submitted to
the voters of the state at the next general election to be held in
the year two thousand eight, which proposed amendment is that
article X thereof be amended by adding a new section thereto,
designated section one-d, to read as follows:
ARTICLE X. TAXATION AND FINANCE.
§1d. Exemption from ad valorem taxation of manufacturing inventory
and equipment.
Notwithstanding any other provision of the constitution,
tangible personal property in the form of manufacturing inventory
and equipment may by law enacted by the Legislature be exempt from
ad valorem taxation.
Resolved further, That in accordance with the provisions of
article eleven, chapter three of the Code of West Virginia, 1931,
as amended, such proposed amendment is hereby numbered "Amendment
No. 1" and designated as the "Manufacturing Inventory and equipment Tax Exemption Amendment" and the purpose of the proposed amendment
is summarized as follows: "The purpose of this amendment is to
authorize the Legislature to exempt from ad valorem taxation
manufacturing inventory and equipment."
At the request of Senator Kessler, and by unanimous consent,
the resolution was laid over one day, retaining its place on the
calendar, with Senator Caruth's amendment pending.
Com. Sub. for Senate Bill No. 60, Relating to threat of use of
firearm or other deadly weapon as element of first-degree robbery.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 152, Requiring certain law-enforcement
officers receive nationwide concealed firearm's certification.
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. 194, Providing electronic
instructional materials to certain students.
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. 224, Creating Joint Emergency
Services Act of 2008.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Bowman, Unger, Bailey and Stollings, 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:
JEFFERSON COUNTY JOINT EMERGENCY SERVICE AGENCY.
§1. Legislative findings.
(a) The Legislature finds that:
(1) Jefferson County has a demonstrated population growth rate
history;
(2) Small separate volunteer emergency service agencies cannot
adequately serve the people of Jefferson County;
(3) The municipalities, communities and the county cannot
separately finance individual volunteer emergency service agencies;
(4) Jefferson County is in a unique position that it has the
only national historical park in the state which attracts thousands
of visitors annually;
(5) The national historical park with its historical buildings
and visitors places an undue burden on the small individual
emergency service agencies in Jefferson County; and
(6) An agency that combines joint emergency services would
enhance Jefferson County's ability to serve its people.
(b) Therefore, the Legislature declares that since Jefferson
County is in a unique situation, it is in the public interest that
the county commission of Jefferson County be authorized to create a joint emergency service agency.
§2. Authorizing creation of the Jefferson County Joint Emergency
Service Agency.
(a) In lieu of creating both an emergency ambulance service
authority and a separate county fire association or county fire
board, the county commission of Jefferson County may enact an
ordinance creating a combined joint emergency services agency to
provide emergency services and emergency response services.
(b) The agency shall possess all of the rights and
responsibilities conferred upon emergency ambulance service
authorities, county fire associations and county fire boards that
are not otherwise inconsistent with state law and local ordinance.
§3. Joint emergency services board.
(a) By ordinance, the county commission of Jefferson County
may create a joint emergency services board to oversee the
management and control of the agency.
(b) The board shall consist of at least the following
individuals who shall be appointed by the county commission:
(1) A representative from an emergency medical service;
(2) A representative from a fire protection service; and
(3) A citizen member, who is not employed with an emergency
medical service, a fire protection service or the county
commission.
(c) All board members shall be residents of Jefferson County.
(d) The board members shall serve for staggered terms of three
years and are limited to two consecutive terms. In the event of a
vacancy, a successor shall be appointed from the same service area
as the unexpired representative's term. Members shall continue to
serve until their successors have been appointed.
(e) A majority of the members of the board constitutes a
quorum.
The bill (Com. Sub. for S. B. No. 224), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 230, Relating to concealed
weapons' licenses.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Barnes, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 237, Repealing county officers' annual report
requirement of certain expenditures.
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. 239, Creating Senior Citizen
Property Tax Payment Deferment Act.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Unger, Boley, Fanning and Yoder, the
following amendments to the bill were reported by the Clerk and
considered simultaneously:
On page five, section two, after line fifty three, by
inserting the following:
§11-6H-3. Property tax payment rebate.
(a) The following homesteads shall qualify for the rebate
provided in subsection (b) of this section:
(1) Any homestead owned by an owner who is:
(A) Sixty-five years of age or older; and
(B) Used and occupied exclusively for residential purposes by
such owner; and
(C) Receiving less than twenty-five thousand dollars in annual
income: Provided, That this amount shall be adjusted annually to
account for inflation by using the consumer price index.
(2) Any homestead that:
(A) Is owned by an owner sixty-five years of age or older who
lives in the home or, as a result of illness, accident or
infirmity, is residing with a family member or is a resident of a
nursing home, personal care home, rehabilitation center or similar
facility; and
(B) Was most recently used and occupied exclusively for
residential purposes by the owner or the owner's spouse; and
(C) Has been retained by the owner for noncommercial purposes; and
(D) Is owned by an individual who receives less than twenty
five thousand dollars in annual income: Provided, That this amount
shall be adjusted annually to account for inflation by using the
consumer price index.
(b) For tax years commencing on or after the first day of
January, two thousand nine, the owner of a homestead meeting the
qualifications set forth in subsection (a) of this section shall
qualify for a rebate in the amount above and beyond the amount paid
by the owner in the taxable year of their sixty-fifth birthday for
the tax increment of ad valorem taxes assessed under the authority
of article three of this chapter on the homestead.;
And,
Renumbering the remaining sections.
The question being on the adoption of the amendments offered
by Senators Unger, Boley, Fanning and Yoder to the bill (Eng. Com.
Sub. for S. B. No. 239).
Following discussion,
At the request of Senator Unger, unanimous consent being
granted, further consideration of the bill and the pending
amendments offered by Senators Unger, Boley, Fanning and Yoder was
deferred until the conclusion of bills on today's second reading
calendar.
Com. Sub. for Senate Bill No. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and
Wayne counties.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 311, Allowing
judges to order jurors from other counties in certain situations.
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. 340, Requiring consumers'
notification of information security breach.
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 read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page six, section six, lines eighty-three and eighty-four,
by striking out the words "there shall be no tax due under the
provisions of this article." and inserting in lieu thereof the
following: the amount of tax due under this article shall be the
greater of fifty dollars or twenty one hundredths of one percent of
the value of the tax base as determined under this article.;
And,
On page six, section six, after line eighty-four, by inserting
the following:
(10) Taxable years after the thirty-first day of December, two
thousand thirteen. -- For taxable years beginning on or after the
first day of January, two thousand fourteen, the amount of tax due
under this article shall be the greater of fifty dollars or ten one
hundredths of one percent of the value of the tax base as
determined under this article.
(11) Taxable years after the thirty-first day of December, two
thousand fourteen. -- For taxable years beginning on or after the
first day of January, two thousand fifteen, there shall be no tax
due under the provisions of this article.
On motions of Senators Caruth and Yoder, the following
amendment to the bill (S. B. No. 465) was next reported by the
Clerk:
On page four, section six, line fifty-two, after the word
"nine" by striking out the remainder of the bill and inserting in
lieu thereof the words "there shall be no tax due under the
provisions of this article."
Following discussion,
The question being on the adoption of the amendment offered by
Senators Caruth and Yoder to the bill, the same was put and did not
prevail.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Caruth and Yoder regarding the
adoption of the amendment offered by Senators Caruth and Yoder to
Senate Bill No. 465 were ordered printed in the Appendix to the
Journal.
At the request of Senator Hunter, unanimous consent being
granted, the remarks by Senator McCabe regarding the adoption of
the amendment offered by Senators Caruth and Yoder to Senate Bill
No. 465 were ordered printed in the Appendix to the Journal.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the bill, as amended, was advanced to third
reading with the right for further amendments to be considered on
that reading.
Senate Bill No. 466, Authorizing Water Development Authority
to administer Dam Safety Rehabilitation Revolving Fund Loan
Program.
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. 467, Reauthorizing Dam Safety
Rehabilitation Revolving Fund.
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. 493, Granting emergency election
powers to Secretary of State.
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. 494, Providing voter
verification through electronic poll book.
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. 495, Requiring certain poll
worker training.
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. 496, Protecting voter
registration information.
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. 507, Clarifying voting
procedures.
On second reading, coming up in regular 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.
Com. Sub. for Senate Bill No. 514, Permitting electronic mail
absentee voting.
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. 534, Creating Reduced Cigarette
Ignition Propensity Standard and Firefighter Protection 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. 552, Relating to prepaid
wireless calling taxes, fees and charges.
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. 554, Relating to osteopathic
physician and surgeon licensing requirements.
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. 565, Relating to increased real
property assessment notice.
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. 571, Relating to certain
firefighters' workers' compensation benefits.
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. 580, Authorizing magistrate
courts to accept unsigned citation payments.
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. 619, Defining certain external
defibrillators' user terms.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 628, Relating to motor vehicle accident
reports.
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. 638, Requiring information
collection from catalytic converter purchasers.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 641, Creating Water Resources Protection and
Management Act.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered
simultaneously, and adopted:
On page eleven, section three, line forty-seven, by striking
out the word "Large" and inserting in lieu thereof the words
"Except as provided in subsection (f) of this section, large";
And,
On page twenty-three, section eight, line eleven, after the
word "article" by changing the period to a comma and inserting the
words "and a representative of large quantity users."
The bill (S. B. No. 641), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 657, Creating Alcohol and
Drug-Free Workplace Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 689, Allowing State Auditor to fulfill certain
tax lien requirements.
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. 710, Eliminating spacing consent
from certain coal entities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 722, Granting regulatory power to certain
Board of Pharmacy facilities.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Prezioso, Unger and Yoder, the
following amendment to the bill was reported by the Clerk and
adopted:
On page nine, section twenty-one, line twenty-nine, after the
word "care" by changing the period to a colon and adding the
following proviso: Provided, That a legally licensed and qualified
practitioner of medicine or dentistry may supply medicines to
patients that he or she treats in a free clinic and that he or she
deems appropriate.
The bill (S. B. No. 722), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 747, Creating PROMISE
Scholarship Summer Internship Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 779, Prohibiting hotel occupancy proceeds paid
to certain convention and visitors' bureaus.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration
Com. Sub. for Senate Bill No. 239, Creating Senior Citizen
Property Tax Payment Deferment Act.
Having been read a second time in earlier proceedings today,
and now coming up in deferred order with the amendments offered by
Senators Unger, Boley, Fanning and Yoder to the bill pending (shown
in the Senate Journal of today, pages 39 and 40), was again reported by the Clerk.
On motion of Senator Kessler, the following amendments to the
amendments offered by Senators Unger, Boley, Fanning and Yoder to
the bill were reported by the Clerk, considered simultaneously, and
adopted:
On page one, section three, subsection (a), subdivision (1),
paragraph (C), after the word "income" by inserting the words "in
the aggregate between the owner and his/her spouse";
And,
On page two, section three, subsection (a), subdivision (2),
paragraph (D), after the word "income" by inserting the words "in
the aggregate between the owner and his/her spouse".
The question now being on the adoption of the amendments
offered by Senators Unger, Boley, Fanning and Yoder to the bill
(Com. Sub. for S. B. No. 239), as amended.
Following discussion and a point of inquiry to the President,
with resultant response thereto,
The question again being on the adoption of the amendments
offered by Senators Unger, Boley, Fanning and Yoder to the bill, as
amended, and on this question, Senator Unger demanded the yeas and
nays.
The roll being taken, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Guills,
Hall, Hunter, Love, Prezioso, Stollings, Unger, White and Yoder--19.
The nays were: Facemyer, Green, Helmick, Jenkins, Kessler,
McCabe, Minard, Plymale, Sprouse, Wells and Tomblin (Mr.
President)--11.
Absent: McKenzie, Oliverio, Sharpe and Sypolt--4.
So, a majority of those present and voting having voted in the
affirmative, the President declared the amendments offered by
Senators Unger, Boley, Fanning and Yoder to the bill, as amended,
adopted.
Thereafter, at the request of Senator Caruth, and by unanimous
consent, the remarks by Senators Unger and Yoder regarding the
adoption of the amendments offered by Senators Unger, Boley,
Fanning and Yoder to Committee Substitute for Senate Bill No. 239
were ordered printed in the Appendix to the Journal.
On motions of Senators Unger, Boley, Fanning and Yoder, the
following amendment to the bill (Com. Sub. for S. B. No. 239) was
next reported by the Clerk and adopted:
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That the Code of West Virginia, 1931, as amended, be amended
by adding thereto a new article, designated §11-6H-1, §11-6H-2,
§11-6H-3, §11-6H-4, §11-6H-5, §11-6H-6, §11-6H-7, §11-6H-8,
§11-6H-9, §11-6H-10, §11-6H-11 and §11-6H-12, all to read as
follows:.
The bill (Com. Sub. for S. B. No. 239), as amended, was then
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. 65, Establishing school uniforms
incentive plan pilot program.
Senate Bill No. 101, Exempting nonprofit companies providing
electricity from property tax.
Com. Sub. for Senate Bill No. 142, Relating to limited
expungement of certain criminal records.
Com. Sub. for Senate Bill No. 280, Modifying Downtown
Redevelopment Act.
Com. Sub. for Com. Sub. for Senate Bill No. 287, Establishing
West Virginia Research Trust Fund.
Senate Bill No. 297, Authorizing School Building Authority to
issue revenue bonds from State Excess Lottery Fund.
Com. Sub. for Senate Bill No. 476, Creating State Employee
Sick Leave Fund.
Com. Sub. for Senate Bill No. 536, Exempting Supreme Court
probation officers' vehicles from certain registration
requirements.
Senate Bill No. 541, Continuing personal income tax adjustment
to certain retirees' gross income.
Com. Sub. for Senate Bill No. 594, Establishing Bill of Rights
and Responsibilities for Students and School Personnel.
Com. Sub. for Senate Bill No. 611, Relating to teachers'
alternative education.
Senate Bill No. 654, Finding and declaring certain claims
against state.
Com. Sub. for Senate Bill No. 699, Establishing OxyContin
Asset Forfeiture Fund.
Com. Sub. for Senate Bill No. 704, Regulating viatical life
insurance settlements.
Com. Sub. for Senate Bill No. 750, Relating to continuing
education requirements for insurance providers.
And,
Senate Bill No. 780, Relating to Public Employees Grievance
Procedure.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 4 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Bailey, 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 22nd day of February, 2008, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(Com. Sub. for H. B. No. 4327), Relating to charitable bingo
and updating the maximum wage allowed to reflect changes in state
minimum wage.
Respectfully submitted,
C. Randy White,
Chair, Senate Committee.
John Doyle,
Chair, House Committee.
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. 227, Relating to State Teachers Retirement
System.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 227 (originating in the
Committee on Finance)--A Bill to amend and reenact §18-7A-3, §18-
7A-13, §18-7A-14, §18-7A-28c and §18-7A-34 of the Code of West
Virginia, 1931, as amended, all relating to the State Teachers' Retirement System; defining terms; clarifying when membership
ceases in the State Teachers' Retirement System; providing for
correction of errors; permitting rollovers of any dollar amount;
and permitting subsequent loans to members.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 227) contained in the
preceding report from the Committee on Finance 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
Com. Sub. for Senate Bill No. 323, Relating to stormwater
systems generally.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 323) contained in the
preceding report from the Committee on Finance 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. 503, Requiring solid waste facility permit
applicants furnish fingerprints for criminal background checks.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 503) 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
Com. Sub. for Senate Bill No. 564 (originating in the
Committee on Education), Relating to higher education tuition and
fees waivers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 564 (originating
in the Committee on Finance)--A Bill to amend and reenact §18-19-2
of the Code of West Virginia, 1931, as amended; and to amend and
reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code, all
relating to waivers of higher education tuition and fees;
clarifying eligibility requirements for certain applicants;
allowing increases in existing tuition and fees at institutions
that are below the state average; changing method of calculating
limits on waivers of tuition and fees; and exempting tuition and
fee waivers granted to higher education employees, spouses and
dependents and all tuition and fee waivers authorized by statute
from calculation of limits on percentage of tuition and fee waivers
granted by state institutions of higher education.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 564)
contained in the preceding report from the Committee on Finance 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
Com. Sub. for Senate Bill No. 567 (originating in the
Committee on Transportation and Infrastructure), Regulating
all-terrain vehicles.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 567 (originating
in the Committee on Finance)--A Bill to amend and reenact §17A-1-1
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17A-6-1 of said code; and to amend and reenact §17F-1-1,
§17F-1-3, §17F-1-7 and §17F-1-9, all relating to the regulation of
all-terrain vehicles; prohibiting operation on paved roads;
defining terms; and providing for regulation of all-terrain
vehicles by local government authorities.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 567) contained in the preceding report from the Committee on Finance 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
Com. Sub. for Senate Bill No. 593 (originating in the
Committee on Education), Clarifying library funding obligation from
local share.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 593 (originating
in the Committee on Finance)--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.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 593) contained in the preceding report from the Committee on Finance 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. 600, Adding certain terms to Human Rights Act
and Fair Housing Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 600 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §5-11-2,
§5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-11A-3,
§5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to
unlawful discriminatory practices generally; prohibiting
discrimination based upon age or sexual orientation in housing;
defining "sexual orientation" and "age"; and exempting certain
religious organizations and nonprofit organizations from sexual
orientation proscriptions based upon religious beliefs or tenets.
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. 600) 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
Com. Sub. for Senate Bill No. 634, Creating Military Authority
Act.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 20, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
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. 653, Permitting internet sales of life,
accident and sickness insurance.
With an amendment from the Committee on Banking and Insurance pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Banking and Insurance to which
the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 653) 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
Com. Sub. for Senate Bill No. 667 (originating in the
Committee on Pensions), Relating to policemen's and firemen's
pension and relief funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 667 (originating
in the Committee on Finance)--A Bill to amend and reenact §8-22-16,
§8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-
22-23a, §8-22-26a and §8-22-27 of the Code of West Virginia, 1931,
as amended; to amend said code by adding thereto two new sections, designated §8-22-18a and §8-22-18b; to amend said code by adding
thereto a new section, designated §33-2-15e; and to amend and
reenact §33-3-14d and §33-3-33 of said code, all relating to
municipal policemen's and firemen's pension and relief funds;
amending calculation of overtime for compensation and average
adjusted salary for new employees; requiring additional duties of
fund trustees; creating the West Virginia Municipal Pensions
Oversight Board; specifying powers, duties, liabilities and
compensation of oversight board members; requiring reporting on
local pension funds' investment returns; creating the West Virginia
Municipal Pensions Security Fund; transferring certain duties from
the State Treasurer to the oversight board and providing for
efficient transition; requiring municipal contributions on a
monthly basis; requiring deposits of certain revenues within five
days of receipt; increasing employee contributions to the pension
and relief funds for new employees to nine and one-half percent of
salary and providing for increased contribution from current
members based on actuary's recommendation; requiring increased
contributions to receive certain insurance premium tax revenues;
setting times for deposits; requiring certain payments by
electronic funds transfer; reducing time to qualify for insurance
premium tax revenues from three years to eighteen months; providing
for annual actuarial report, for periodic review of the actuarial
process and for periodic actuarial audit; setting minimum standards for annual municipality contributions to pension funds;
establishing target funding ratios of eighty, ninety and one
hundred percent of unfunded liabilities; requiring municipal
contributions based on demographic and investment experience;
eliminating alternative funding method; defining terms; providing
for contract actuary; requiring report; authorizing local pension
boards of trustees to invest with the state Investment Management
Board and Board of Treasury Investments; requiring compliance with
the Uniform Prudent Investor Act; amending authorized investments;
requiring reporting of municipal board's investment policy;
requiring reporting of fees and transactions costs; providing for
disability examinations; restricting access by examining physician
to prior disability examination reports; requiring completion of
investigation of charge and implementation of disciplinary action
by board of trustees prior to consideration of disability
retirement; authorizing light-duty work at discretion of the
municipality and the employee; requiring reports on disability
retirements; clarifying supplemental benefits; defining solvency;
clarifying military service credit; requiring study by Insurance
Commissioner; reallocating revenues from the additional fire and
casualty insurance premium tax and returning surcharge on fire and
casualty insurance policies to one percent to benefit municipal
policemen's and firemen's pension and relief funds; providing for
deposits into Municipal Pensions Security Fund and for transfer of duties to Municipal Pensions Oversight Board; providing for
interest; requiring information sharing; establishing minimum
standards for employer contributions to plans funded at one hundred
ten percent or more; restricting premium tax revenue to plans
funded less than one hundred ten percent of accrued liability;
providing for disbursement by Insurance Commissioner; providing for
interest; providing for retention and investment of certain funds
from insurance policy surcharge for five years for the benefit of
municipal policemen's and firemen's pension and relief funds;
setting requirements to qualify for insurance premium surcharge
proceeds; providing for distribution; and setting dates.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 667)
contained in the preceding report from the Committee on Finance 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. 671, Increasing presiding Court of Claims'
judge compensation.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 671) contained in the preceding report
from the Committee on Finance 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. 682, Creating Community and Technical College
Capital Improvement Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 682 (originating in the
Committee on Finance)--A Bill to amend and reenact §18B-10-8 of the
Code of West Virginia, 1931, as amended; and to amend and reenact
§29-22-18 of said code, all relating to creating a special revenue
fund known as the Community and Technical College Capital Improvement Fund; providing for depositing funds pledged to repay
principal, interest and/or redemption premium on certain bonds
authorized by the commission for community and technical college
capital improvements; and allocating five million dollars to the
Higher Education Policy Commission Community and Technical College
Capital Improvement Fund for community and technical college
education capital improvements.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 682) contained in the
preceding report from the Committee on Finance 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. 697, Authorizing Chief Medical Examiner to
determine blood tester's qualifications.
Now on second reading, having been read a first time and
referred to the Committee on the Judiciary on February 21, 2008;
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. 720, Defining who may designate disposition
manner of deceased person's body.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 720 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §30-6-3
and §30-6-22 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §61-12-9 of said code, all relating to
specifically including the surviving spouse and a designated
individual previously chosen by the deceased as a person who may
designate the manner of disposition of a deceased person's body;
and giving procedure to written wishes of the deceased.
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. 720) 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. 758, Specifying certain terms of Public
Employees Insurance Agency participation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 758 (originating in the
Committee on Finance)--A Bill to amend and reenact §5-16-13 and §5-
16-23 of the Code of West Virginia, 1931, as amended, all relating
to the terms of participation in the Public Employees Insurance
Agency of dependent children, employees hired on or after the first
day of July, two thousand eight, upon retirement and members of the
Legislature.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 758) contained in the preceding report from the Committee on Finance 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. 769, Appropriating certain moneys to Bureau
for Medical Services.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (S. B. No. 769) contained in the preceding report
from the Committee on Finance 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. 785 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §11-16-19 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §49-1-4
of said code, all relating to changing the use of alcoholic beverages by minors from a status offense to a juvenile delinquent
offense.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 785) 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.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Caruth, unanimous consent being
granted, it was ordered that the Journal show had Senator Caruth
been present in the chamber on Thursday, February 21, 2008, he
would have voted "yea" on the passage of Engrossed Senate Bill No.
165, Engrossed Committee Substitute for Senate Bill No. 305,
Engrossed Committee Substitute for Senate Bill No. 590 and
Engrossed Senate Bill No. 775.
At the request of Senator Jenkins, the name of Senator Jenkins
was removed as a sponsor of Senate Bill No. 600 (Adding certain
terms to Human Rights Act and Fair Housing Act).
At the request of Senator Plymale, the name of Senator Plymale
was removed as a sponsor of Senate Bill No. 741 (Relating to Tax Increment Financing Act).
On motion of Senator Bailey, leaves of absence for the day
were granted Senators Sharpe, McKenzie, Oliverio and Sypolt.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Bailey, the Senate adjourned until
Monday, February 25, 2008, at 11 a.m.
____________