sdj-48th day

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

Charleston, W. Va., Monday, February 25, 2008

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

Prayer was offered by Dr. Jeffrey Johnson, Senior Pastor, Mount Vernon Baptist Church, Hurricane, West Virginia.

Pending the reading of the Journal of Friday, February 22, 2008,

On motion of Senator Yoder, the Journal was approved and the further reading thereof dispensed with.

The Senate proceeded to the second order of business and the introduction of guests.

The Senate then proceeded to the third order of business.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. Com. Sub. for House Bill No. 4018--A Bill to amend and reenact §12-1A-1, §12-1A-3, §12-1A-4, §12-1A-5, §12-1A-6 and §12- 1A-9 of the Code of West Virginia, 1931, as amended, all relating to the renewal of the West Virginia Small Business Linked Deposit Program.

Referred to the Committee on Government Organization; and then to the Committee on Finance.

A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4080--A Bill to amend and reenact §44-6A-1, §44-6A-2, §44-6A-3, §44-6A-4, §44-6A-5, §44-6A-6, §44-6A-7 and §44-6A-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §44-6A-9 and §44-6A-10, all relating to funds held for charitable purposes by nonprofit, charitable institutions; repealing the Uniform Management of Institutional Funds Act (UMIFA); creating the Uniform Prudent Management of Institutional Funds Act (UPMIFA); standards of conduct in managing and investing institutional funds; appropriation of institutional funds for expenditures or accumulation; criteria for expenditure or accumulation of institutional funds; delegation to an external agent for the purpose of managing and investing of institutional funds; modifying or releasing donor restrictions on management, investment, or purpose of funds; reviewing compliance; application to existing institutional funds; relation to the federal Electronic Signatures in Global and National Commerce Act; and uniformity in the application and construction of the act.

Referred 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. 4287--A Bill to amend and reenact §12-6-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §12-6C-6 of said code, all relating to clarifying that the funds, pools and securities maintained or invested in by the West Virginia Investment Management Board and the West Virginia Board of Treasury Investments are authorized investments for all local government funds.

Referred to the Committee on Finance.

A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of

Eng. House Bill No. 4490--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.

Referred to the Committee on Finance.

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. 55--Requesting the Division of Highways to name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the "Brian Keith Paul Cable Barriers".

Whereas, Brian Keith Paul, born May 18, 1963 to Homer and Ina Paul of Barboursville, West Virginia, brother to Theresa Paul Vithalani, father to Megan, Lenza and Bryce Paul, and husband to Cathy Paul, passed away November 25, 2006, after a courageous battle with colon cancer; and

Whereas, Brian Keith Paul was a model citizen and a good father, active in the lives of his children, often volunteering to coach their various sports teams and determined to teach young people the value of dedication on and off the field. Indeed, Brian's motto was "Never Say Can't"; a motto, by which he lived, and a virtue that guided him in his pursuit to make I-64 safe for all travelers; and

Whereas, Brian Keith Paul was a third generation mechanic and vice president of Paul's Garage. As part of his occupation, he remediated, often fatal, car wrecks and preserved those persons' belongings for collection by loved ones. His experience cleaning up car accident sites allowed him to witness the devastating effects car crashes have on people in our community; and

Whereas, Brian, in light of his unique perspective regarding vehicular accidents, formed the opinion that too many serious crossover collisions were occurring on said portion of I-64, particularly for lack of a median barrier; and

Whereas, Brian, in his efforts to better his community, doggedly pursued the Division of Highways, lobbying them to construct a barrier in the median between the eastbound and westbound lanes of said stretch of I-64; and

Whereas, His pursuit took hours of research and countless phone calls, often resulting in dead ends; and

Whereas, Brian persevered through this difficulty by staying true to his motto "Never Say Can't" and was successful in convincing local and state government officials to construct a median barrier which now spans from mile marker six to mile marker twenty-seven on I-64 and where this barrier has saved many lives; and

Whereas, The Legislature hereby acknowledges that Brian Keith Paul was instrumental in initiating the construction of said cable barrier project and finds that it is right and just to perpetuate and honor his memory by formally naming that stretch of cable barriers, the "Brian Keith Paul Cable Barriers"; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways name the cable barriers located between mile marker six and mile marker fifteen, on I-64, the "Brian Keith Paul Cable Barriers"; 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, in the median between mile marker six and mile marker fifteen on I-64, containing bold and prominent letters proclaiming the barrier cables to be the "Brian Keith Paul Cable Barriers"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways and to the family members of the late Brian Keith Paul.

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. 57--Requesting that Bridge number 44-9-1.00 (6311) located on West Virginia Route 14 in Roane County, near the city of Spencer, West Virginia, be named the "Denver Ray Gandee Sr. Bridge".

Whereas, Denver Ray Gandee, Sr., is a citizen of the State of West Virginia who served his country honorably and bravely during the Second World War; and

Whereas, Mr. Gandee left his home state at the young age of seventeen to begin training for his military career; and

Whereas, Denver Gandee took part in the famous battle of Remegan, immortalized in the book by fellow West Virginian, former Secretary of State, Ken Hechler, and Mr. Gandee was an honored guest at the premier of the film of the book; and

Whereas, Mr. Gandee took part in five campaigns in the European Theater during World War II, including, Normandy, Northern France, The Ardennes (Battle of the Bulge), Rhineland, and Central Europe; and

Whereas, The United States Military honored Denver Gandee by awarding him the Purple Heart, the Bronze Star, the French Croix de Gaire, and a Presidential Citation; and

Whereas, Denver Gandee risked his life for his country and for his State, serving honorably, returning to his homeland where he has been an outstanding citizen of the State of West Virginia serving in many organizations including the Military Order of the Purple Heart, The Veterans of Foreign Wars, as Post Commander of the American Legion Post #2, and as a leader in West Virginia's Boy's State; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 44-9-1.00 (6311) located on West Virginia Route 14 in Roane County, near the city of Spencer, West Virginia, the "Denver Ray Gandee, Sr. 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 way of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Denver Ray Gandee, Sr. Bridge"; and, be it

Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of the Division of Highways, and to the Mayor and City Council of the city of Mullens, and to Denver Ray Gandee, Sr, and his wife Erma, to his son, Denver R. Gandee, and to his grandson, Adam J. Gandee.

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. 62--Requesting that bridge number 44-36-29.05 located on Route 36, one fourth mile south of the intersection of Route 36 and Route 119 just south of the city of Spencer, in Roane County, West Virginia, be named the "Lt. Charles O. Hardman and Sgt. Gale Franklin Keen Bridge".

Whereas, Lt. Hardman and Sgt. Keen both served their country and the State of West Virginia in combat during World War II; and

Whereas, Lt. Hardman and Sgt. Keen are both native West Virginians who left their homes and families to defend their country and keep their fellow citizens safe; and

Whereas, Both Lt. Hardman and Sgt. Keen served honorably and were honorably discharged after risking their lives in combat; and

Whereas, Both Lt. Hardman and Sgt. Keen returned to Roane County and raised their families and were productive citizens of the State of West Virginia, that it is only fit and proper to honor them in their home area by naming a bridge in their honor to commemorate their courageous service and as a small token of gratitude for their sacrifices; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 44-36-29.05 located on Route 36, one fourth mile south of the intersection of Route 36 and Route 119 just south of the city of Spencer, in Roane County, West Virginia, the city of Spencer, in Roane County, West Virginia, be named the "Lt. Charles O. Hardman and Sgt. Gale Franklin Keen 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 entryway of said bridge, containing bold and prominent letters proclaiming the bridge to be the "Lt. Charles O. Hardman and Sgt. Gale Franklin Keen 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, the Mayor and City Council of the City of Spencer, and to the families of Lt. Charles O. Hardman and Sgt. Gale Franklin Keen.

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. 68--Requesting the Division of Highways to name the bridge located on Corridor G which crosses the Little Coal River at the Boone County Water Park (Milepost Marker 59.9 ATD 323 (79) Dr. No. 3171 1981) the "Bill Queen, Jr. (Walhonde Willy) Memorial Bridge".

Whereas, Bill Queen a resident of St. Albans, West Virginia, died in an automobile accident on May 24, 2007, while on route to a fishing trip. He had fished every mile of the 88 miles of Big, Little and Coal Rivers; and

Whereas, Bill was born in St. Albans, West Virginia, on April 11, 1948. He worked his way through the corporate world. Starting as a lineman for AT&T he was recognized by the company as a born salesman and became the senior marketing manager for that firm handling the State of West Virginia's account. He helped create the Call-WV tourism program which now provides thousands of visitors with immediate information about the state. He was an avid outdoorsman and loved being on the water fishing and exploring. Bill had actually floated, paddled and motored via boat from Whitesville, West Virginia, down the river system to Mobile Bay on the Gulf. Then he and his buddies had motored from the Gulf of Mexico around Key West to the eastern seaboard port of Myrtle Beach; and

Whereas, Bill along with his fellow outdoorsman Bill Currey cofounded the Coal River Group, a nonprofit river improvement group and helped grow that group into a major watershed improvement organization. The Coal River Group with Bill's help created what is now called the Walhonde Water Trail. (Walhonde is part of the original Delaware Indians name for the rivers). The 88 mile long trail is now sanctioned by the West Virginia Division of Natural Resources and serves as Southern West Virginia's only public water trail. The trail has become a popular recreational set for the region and has helped to bring awareness and assistance in cleaning up the Coal River Watershed; and

Whereas, He worked tirelessly to identify every landmark, public access point and fishing hole on the Big, Little and Coal Rivers. Bill spent his last four years of life mapping the Walhonde Water Trial and helping to create the infrastructure to make this water trail a true tourism destination point for all of southern West Virginia; and

Whereas, His untimely death cut short his work to clean up the Coal, but the members of the Coal River Group continue to pursue the dream that Bill had to bring life back to the Coal Rivers; therefore, be it

Resolved by the Legislature of West Virginia:

That the Legislature hereby requests the Division of Highways to name the bridge located on Corridor G in Boone County at the Water Park, the "Bill Queen, Jr. (Walhonde Willy) Memorial Bridge"; and, be it

Further Resolved, That the Commissioner of the Division of Highways is hereby requested to post signs thereon with the words, printed in bold and prominent fashion, designating the bridge as the, "BILL QUEEN JR. (WALHONDE WILLY) MEMORIAL BRIDGE"; and, be it

Further Resolved, That the Clerk of the House of Delegates is requested to prepare a certified copy of this resolution for the Secretary of Transportation, the Commissioner of the Division of Highways and for the family of Bill Queen, Jr.

Referred to the Committee on Transportation and Infrastructure.

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

Senate Bill No. 88, Creating brownfield economic development districts.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 88 (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 §5B-2-6a, relating to the creation of brownfield economic development districts; providing eligibility criteria; exempting brownfield economic development districts from land use planning provisions; and requiring the development office to promulgate emergency rules by the first day of July, two thousand eight, to implement this new section.

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. 88) 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. 235, Creating Office for Oral Health.

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. 235) 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. 286, Providing adult and child protective services workers personal immunity from civil liability.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 286 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §9-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6A-9 of said code, all relating to personal immunity from civil liability for adult protective service workers and child protective service workers performing employment-related duties and responsibilities within their official capacity.

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. 286) 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. 501, Transferring Stream Partners Fund from Division of Natural Resources to Department of Environmental Protection.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 501 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §20-13-3 of the Code of West Virginia, 1931, as amended, relating to the transfer of the Stream Partners Program Fund from the West Virginia Division of Natural Resources to the West Virginia Department of Environmental Protection.

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. 501) 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. 659, Increasing certain crime victims' benefits.

And has amended same.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2008;

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

Walt Helmick,

Chair.

Senator Helmick, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Senate Bill No. 693, Creating senior resident lifetime hunting, fishing and trapping license.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 693 (originating in the Committee on Finance)--A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2- 42x, all relating to senior resident lifetime hunting, fishing and trapping license and fee of fifteen dollars; and allowing persons who are sixty-five years of age before the first day of January, two thousand nine, to remain exempt from the purchase of the license.

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. 696, Providing appraisal methods for certain multifamily rental properties.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2008;

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. 702, Providing new job creation tax credit.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 702 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-13Q-22, relating to expanding the Economic Opportunity Tax Credit for new job creation to small business which meet certain criteria; specifics of the credit; and credit forfeiture provisions.

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. 702) 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. 781, Relating to service of suggestee execution and notice.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 781 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §38-5A-4 and §38-5A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §38-5B-4 of said code; and to amend and reenact §59-1-11 of said code, all relating to service of suggestee execution and notice; and clarifying certain fees assessed by circuit clerks.

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. 781) 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. 786 (originating in the Committee on Finance)- -A Bill to amend and reenact §5A-10-2, §5A-10-3, §5A-10-5 and §5A- 10-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §5A-10-12, all relating to the Real Estate Division of the Department of Administration and the powers and duties of acquiring real property, contracting for third-party real estate services and billing spending units for the actual costs of third-party services; making certain exemptions; excepting the deposit of revenues derived from wireless communication tower leases on property subject to a pledge of its revenues in connection with a bond issue into the General Revenue Fund; and creating a special revenue fund for the acquisition of real property and payment of associated costs.

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. 786) 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.

The Senate proceeded to the sixth order of business.

Senators Facemyer, Unger and Hall offered the following resolution:

Senate Concurrent Resolution No. 58--Requesting the Division of Highways name bridge number 40-869-0.27 (4380) on Route 869 crossing the Kanawha River and U. S. Route 35 near Eleanor, Putnam County, the "Memorial Bridge" in recognition of Johnathon David Higginbotham and others who have lost their lives on U. S. Route 35 and State Route 62.

Whereas, Johnathon David Higginbotham was born on October 6, 1986; and

Whereas, Johnathon grew up in the Eleanor and Midway areas of Putnam County, but spent a large part of his childhood in Pliny, West Virginia with his grandparents, Grandpa and Grandma Wears; and

Whereas, Johnathon attended George Washington Elementary School, George Washington Middle School and Buffalo High School; and

Whereas, At age 5, Johnathon started playing basketball; and

Whereas, He spent most of his spare time practicing basketball at the Eleanor Park or in the Buffalo High School gymnasium; and

Whereas, Johnathon loved his family, friends, NASCAR, WVU football, WVU basketball, North Carolina Tar Heels and Buffalo High School; and

Whereas, Johnathon traveled Route 35 a lot while visiting his grandparents or staying at his Dad's, and the bridge saved him a lot of time when traveling from Pliny to school; and

Whereas, His friends would call him "Thun" and yell to Johnathon during basketball games "Git-r-done, Thun"; and

Whereas, In the Spring of 2004, Johnathon and his family were so excited to learn that he would be the starting guard for the fall season; and

Whereas, On June 3, 2004, Johnathon headed across the bridge to his dad's, and just a few miles from the bridge, Johnathon, at age 17, was killed by a tractor-trailer; and

Whereas, It is fitting that this bridge be named "The Memorial Bridge" for Johnathon and others who have lost their lives on U. S. Route 35 and State Route 62 to honor and memorialize their passing, as well as their families and friends that continue their memory as they cross the bridge; therefore, be it

Resolved by the Legislature of West Virginia:

That the Division of Highways is hereby requested to name bridge number 40-869-0.27 (4380) on Route 869 crossing the Kanawha River and U. S. Route 35 near Eleanor, Putnam County, the "Memorial Bridge" in recognition of Johnathon David Higginbotham and others who have lost their lives on U. S. Route 35 and State Route; and, be it

Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Memorial Bridge"; and, be it

Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Johnathon David Higginbotham's stepfather and mother, Jim and Vallery Withrow.

Which, under the rules, lies over one day.

Senators Tomblin (Mr. President), Unger, Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sharpe, Stollings, Sprouse, Sypolt, Wells, White and Yoder offered the following resolution:

Senate Resolution No. 21--Memorializing the life of Brian William Linn, former member of the United States Army, former West Virginia State Trooper and dedicated public servant.

Whereas, Brian William Linn was born in Elkins, West Virginia, April 22, 1982, the son of Thomas C. Linn and Mary Ruth Snelson; and

Whereas, Brian William Linn graduated from Elkins High School where he was active in athletics and other extracurricular activities and was also an avid outdoorsman; and

Whereas, Brian William Linn enlisted in the West Virginia Army National Guard's 229th Engineering Unit at Camp Dawson, West Virginia, in April 2002 and was deployed to Camp Doha, Kuwait, as part of Operation Enduring Freedom and then was transferred to the A Battery 201st Field Artillery Unit where he was deployed to Scania, Iraq, as part of Operation Iraqi Freedom; and

Whereas, Brian William Linn attained the rank of Specialist E- 4 and was honorably discharged on March 24, 2007, and awarded the Army Achievement Medal, Global War on Terrorism Expeditionary Medal, Global War on Terrorism Medal, Armed Forces Reserve Medal with "M" Device, Army Service Ribbon and Driver's Mechanic Badge; and

Whereas, Brian William Linn enlisted in the West Virginia State Police on September 26, 2005, and graduated from the West Virginia State Police Academy as a member of the 55th Cadet Class and was stationed at the Charles Town state police detachment in Jefferson County; and

Whereas, Brian William Linn was married to his beloved wife Melissa, with whom he shared the joy of having two daughters, Paige and Madeline; and

Whereas, Sadly, Brian William Linn was killed in the line of duty on November 3, 2007; therefore, be it

Resolved by the Senate:

That the Senate hereby memorializes the life of Brian William Linn, former member of the United States Army, former West Virginia State Trooper and dedicated public servant; and, be it

Further Resolved, That the Senate expresses its sincere sympathy at the passing of Brian William Linn; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of Brian William Linn.

At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

Senators Love, Prezioso, McCabe, Edgell, Minard, Stollings, Jenkins, Unger, Kessler and McKenzie offered the following resolution:

Senate Resolution No. 22--Designating February 25, 2008, as "Corrections Day".

Whereas, It is the mission of the West Virginia Division of Corrections to provide a safe, secure and humane correctional system for the public, staff and offenders; and

Whereas, The adult correctional population continues to expand and it is important for agency representatives and policymakers to appreciate the nature and magnitude of the growth; and

Whereas, West Virginia was ranked 40th in the nation in 2005, with an incarceration rate 291 per 100,000 residents and between 1995 and 2005, had the second fastest growing prison population in the nation; and

Whereas, Commitments to the Division of Corrections grew by 5.6 percent in 2005, resulting in 2,605 new inmates and that parole violators comprised a high of 14.8 percent of all new commitments in 2005; and

Whereas, West Virginia's correctional population is forecasted to increase at an average annual growth rate of 3.3 percent over the next decade and according to the forecast, the Division of Corrections can expect to receive approximately 205 additional inmates per year; and

Whereas, The information provided in this resolution will assist public officials and agency representatives in planning for the future and developing policies for the management of the West Virginia correctional population as well as providing adequate pay, benefits and a safe workplace for the employees in the correctional system; therefore, be it

Resolved by the Senate:

That the Senate hereby designates February 25, 2008, as "Corrections Day"; and, be it

Further Resolved, That the Senate hereby recognizes the exceptional service and commitment of the employees of the Division of Corrections; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Division of Corrections.

At the request of Senator Love, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

Thereafter, at the request of Senator Caruth, and by unanimous consent, the remarks by Senator Love regarding the adoption of Senate Resolution No. 22 were ordered printed in the Appendix to the Journal.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.

Senators Foster, Unger, Stollings, Minard, Prezioso, Plymale, Edgell, McCabe, Jenkins, Kessler and McKenzie offered the following resolution:

Senate Resolution No. 23--Designating February 25, 2008, as "Law Enforcement Appreciation Day".

Whereas, West Virginia has one of the lowest crime rates in the United States; and

Whereas, It is fitting and proper that law enforcement officers be commended, encouraged and honored for their contributions that have resulted in these statistics; and

Whereas, Law enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and

Whereas, Law enforcement officers have the desire to help their fellow citizens in times of need, no matter how dangerous or difficult the situation; and

Whereas, We honor and appreciate the outstanding law enforcement officers who have distinguished themselves with unselfish and exemplary service to the community and its citizens; therefore, be it

Resolved by the Senate:

That the Senate hereby designates February 25, 2008, as "Law Enforcement Appreciation Day"; and, be it

Further Resolved, That the Senate is proud of the men and women who daily put their lives on the line and who uphold the creed "To protect and serve"; and, be it

Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of law enforcement.

At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.

On motion of Senator Chafin, the Senate recessed for one minute.

Upon expiration of the recess, the Senate reconvened.

Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the Senate third reading calendar, Engrossed Committee Substitute for Senate Bill No. 239 and Engrossed Senate Bill No. 779; and from the Senate first reading calendar, Committee Substitute for Senate Bill No. 309.

The Senate proceeded to the eighth order of business.
Eng. 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 third reading, coming up in regular order, was read a third time and put upon its passage.

On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 60) 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. 152, Requiring certain law-enforcement officers receive nationwide concealed firearm's certification.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 152) passed with its title.

Senator Chafin moved that the bill take effect from passage.

On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 152) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 Thursday, February 21, 2008, for amendments to be received on third reading, was reported by the Clerk.

On motions of Senators Kessler and Facemyer, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:

On page six, section seven, lines seventy-six and seventy-seven, by striking out the words "for a violation of the criminal laws";

On page six, section seven, line eighty-five, after the word "law" by changing the period to a colon and inserting the following proviso: Provided, That a person prohibited from possessing a firearm by the provisions of subdivision (4), subsection (a) of this section may petition to regain the ability to possess a firearm in accordance with the provisions of section five, article seven-a of this chapter.;

On page ten, section three, line thirty-nine, after the word "adjudication" by striking out the comma and inserting in lieu thereof the word "and";

On pages ten and eleven, section three, lines thirty-nine through forty-one, by striking out the words "and, where feasible, such biometric identification information as may be available" and inserting in lieu thereof the words "of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code";

On page eleven, section three, lines fifty and fifty-one, by striking out the words "social security number,";

On page eleven, section three, line fifty-one, after the word "adjudication" by striking out the comma and inserting in lieu thereof the word "and";

And,

On page eleven, section three, lines fifty-two and fifty- three, by striking out the words "and, if available, biometric identification information" and inserting in lieu thereof the words "of all persons who have been adjudicated to be mentally defective or who have been committed for treatment of a mental illness pursuant to the provisions of chapter twenty-seven of this code".

On motion of Senator Kessler, the following amendment to the bill (Com. Sub. for S. B. No. 185) was next reported by the Clerk and adopted:

On page thirteen, section five, line six, by striking out the word "final".

The bill, as just amended, was ordered to engrossment.

Engrossed Committee Substitute for Senate Bill No. 185 was then read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 185) 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. 194, Providing electronic instructional materials to certain students.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 194) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 194) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 224, Creating Joint Emergency Services Act of 2008.

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, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.

The nays were: Hall and Sprouse--2.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 224) passed.

On motion of Senator Bowman, the following amendment to the title of the bill was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 224--A Bill to authorize the county commission of Jefferson County to create a joint emergency service agency.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 230, Relating to concealed weapons' licenses.

On third reading, coming up in regular order, with the right having been granted on Friday, February 22, 2008, for amendments to be received on third reading, was reported by the Clerk.

There being no amendments offered,

The bill was ordered to engrossment.

Engrossed Committee Substitute for Senate Bill No. 230 was then read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 230) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 230) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 237, Repealing county officers' annual report requirement of certain expenditures.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 237) 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. 239, Creating Senior Citizen Property Tax Payment Deferment Act.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for Senate Bill No. 291, Appointing additional circuit court judge to Pendleton, Hardy, Hampshire, Mercer and Wayne counties.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 291) passed.

The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:

Eng. Com. Sub. for Senate Bill No. 291--A Bill to amend and reenact §51-2-1 of the Code of West Virginia, 1931, as amended, relating to authorizing an additional circuit court judge to each of the ninth, twenty-second and twenty-fourth judicial circuits.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 311, Allowing judges to order jurors from other counties in certain situations.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 311) 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. 340, Requiring consumers' notification of information security breach.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 340) passed with its title.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Bill No. 465, Eliminating Business Franchise Tax.

On third reading, coming up in regular order, with the right having been granted on Friday, February 22, 2008, for further amendments to be received on third reading, was reported by the Clerk.

On motion of Senator Oliverio, the following amendment to the bill was reported by the Clerk:

On pages five and six, section six, lines sixty-six through eighty, by striking out the following: "the amount of tax due under this article shall be the greater of fifty dollars or thirty- four one hundredths of one percent of the value of the tax base as determined under this article.

(8) Taxable years after the thirty-first day of December, two thousand eleven. -- For taxable years beginning on or after the first day of January, two thousand twelve, the amount of tax due under this article shall be the greater of fifty dollars or twenty-seven one hundredths of one percent of the value of the tax base as determined under this article.

(9) Taxable years after the thirty-first day of December, two thousand twelve. -- For taxable years beginning on or after the first day of January, two thousand thirteen,".

Following discussion,

The question being on the adoption of Senator Oliverio's amendment to the bill, the same was put and did not prevail.

The bill, as amended, was ordered to engrossment.

Engrossed Senate Bill No. 465 was then read a third time and put upon its passage.

On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.

The nays were: Sprouse--1.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 465) passed.

The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:

Eng. Senate Bill No. 465--A Bill to amend and reenact §11-23-6 of the Code of West Virginia, 1931, as amended, relating to gradually phasing out the business franchise tax by the first day of January, two thousand fifteen.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 466, Authorizing Water Development Authority to administer Dam Safety Rehabilitation Revolving Fund Loan Program.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 466) 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. 467, Reauthorizing Dam Safety Rehabilitation Revolving Fund.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 467) 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. 493, Granting emergency election powers to Secretary of State.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 493) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 493) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 494, Providing voter verification through electronic poll book.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 494) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 494) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 495, Requiring certain poll worker training.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 495) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 495) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 496, Protecting voter registration information.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 496) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 496) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 507, Clarifying voting procedures.

On third reading, coming up in regular order, with the right having been granted on Friday, February 22, 2008, for amendments to be received on third reading, was reported by the Clerk.

At the request of Senator Oliverio, 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. 514, Permitting electronic mail absentee voting.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 514) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 514) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 534, Creating Reduced Cigarette Ignition Propensity Standard and Firefighter Protection Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 534) 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. 552, Relating to prepaid wireless calling taxes, fees and charges.

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, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, Yoder and Tomblin (Mr. President)--29.

The nays were: Boley, Sprouse, Sypolt and White--4.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 552) 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. 554, Relating to osteopathic physician and surgeon licensing requirements.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 554) 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. 565, Relating to increased real property assessment notice.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) passed with its title.

Senator Chafin moved that the bill take effect from passage.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 565) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 571, Relating to certain firefighters' workers' compensation benefits.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 571) 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. 580, Authorizing magistrate courts to accept unsigned citation payments.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 580) 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. 619, Defining certain external defibrillators' user terms.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 619) 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. 628, Relating to motor vehicle accident reports.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 628) 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. 638, Requiring information collection from catalytic converter purchasers.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 638) 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. 641, Creating Water Resources Protection and Management Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 641) 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. 657, Creating Alcohol and Drug-Free Workplace Act.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 657) passed with its title.

Senator Chafin moved that the bill take effect July 1, 2008.

The nays were: None.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 657) takes effect July 1, 2008.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 689, Allowing State Auditor to fulfill certain tax lien requirements.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 689) 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. 710, Eliminating spacing consent from certain coal entities.

On third reading, coming up in regular order, was read a third time and put upon its passage.

The nays were: None.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 710) 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. 722, Granting regulatory power to certain Board of Pharmacy facilities.

On third reading, coming up in regular order, was reported by the Clerk.

At the request of Senator Prezioso, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 747, Creating PROMISE Scholarship Summer Internship Program.

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, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--27.

The nays were: Barnes, Boley, Guills, Hall, Sprouse and Sypolt--6.

Absent: Sharpe--1.

So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 747) passed with its title.

Senator Chafin moved that the bill take effect from passage.

On this question, the yeas were: Bailey, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Unger, Wells, White, Yoder and Tomblin (Mr. President)--27.

The nays were: Barnes, Boley, Guills, Hall, Sprouse and Sypolt--6.

Absent: Sharpe--1.

So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 747) takes effect from passage.

Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 779, Prohibiting hotel occupancy proceeds paid to certain convention and visitors' bureaus.

Having been removed from the Senate third reading calendar in earlier proceedings today, no further action thereon was taken.

Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,

On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.

Upon expiration of the recess, the Senate reconvened.

Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had returned to the Senate first reading calendar, Committee Substitute for Senate Bill No. 309.

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.

Having been read a second time on Friday, February 22, 2008, and now coming up in regular order with Senator Caruth's amendment (shown in the Senate Journal of that day, pages 27 and 28) pending, was reported by the Clerk.

The question being on the adoption of Senator Caruth's amendment to the resolution, the same was put and prevailed.

The resolution (Com. Sub. for S. J. R. No. 12), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 65, Establishing school uniforms incentive plan pilot program.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Oliverio, the following amendment to the bill was reported by the Clerk and adopted:

By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 2. STATE BOARD OF EDUCATION.

§18-2-35a. School uniforms incentive plan pilot program.

(a) The purpose of the Legislature in enacting this section is to establish the school uniforms incentive plan pilot program in the public schools of the state. The state board shall provide funding from legislative appropriations for this purpose for up to ten public elementary schools to participate in the pilot program during the two thousand eight -- two thousand nine school year. The state board shall select to participate in the pilot program ten public elementary schools which meet the following criteria:

(1) Adopt a school uniform policy pursuant to section thirty- five of this article for implementation during the school year two thousand eight -- two thousand nine;

(2) Have not had a school uniform policy in effect at the school in the past five years; and

(3) Apply to the state board on or before the thirtieth day of April, two thousand eight.

(b) The state board shall time and date stamp the receipt of each application and shall make the selection of the schools to participate in the pilot program beginning with the first applicant school from each county in the applicant pool to apply and meet the criteria before proceeding to the next such school in each county and so forth until ten are selected. The state board shall notify the schools selected no later than the eleventh day of May, two thousand eight.

(c) Each public elementary school selected by the state board to participate in the pilot program shall receive a grant of ten thousand dollars allocated by the state board from legislative appropriations made for this purpose.

(d) The faculty senate at each participating elementary school, with advice from the local school improvement council, controls and expends the funds allocated in accordance with the provisions of this section. These funds may be used for the following purposes to benefit the school and its students:

(A) To improve school safety;

(B) To purchase school uniforms, academic materials, computers and technology, supplies or equipment;

(D) To enhance appropriate student behavior;

(E) To increase academic achievement;

(F) To improve student self-esteem; and

(G) To address the problems of at-risk students.

No funds may be expended without the approval of the school principal.

(e) The state superintendent shall report to the Legislative Oversight Commission on Education Accountability by the beginning of the two thousand nine regular session of the Legislature on progress in implementing the provisions of this section.

The bill (Com. Sub. for S. B. No. 65), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 101, Exempting nonprofit companies providing electricity from property tax.

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. 142, Relating to limited expungement of certain criminal records.

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. 227, Relating to State Teachers Retirement System.

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. 280, Modifying Downtown Redevelopment Act.

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. 287, Establishing West Virginia Research Trust Fund.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 297, Authorizing School Building Authority to issue revenue bonds from State Excess Lottery Fund.

On second reading, coming up in regular order, was read a second time.

The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:

On page nineteen, section six, line one hundred forty-six, by striking out "(e)" and inserting in lieu thereof "(f)".

The bill (S. B. No. 297), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 323, Relating to stormwater systems generally.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 476, Creating State Employee Sick Leave Fund.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 503, Requiring solid waste facility permit applicants furnish fingerprints for criminal background checks.

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. 536, Exempting Supreme Court probation officers' vehicles from certain registration requirements.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 541, Continuing personal income tax adjustment to certain retirees' gross income.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:

On page three, section twelve-d, line twenty-five, after the word "however," by inserting the words "That for the taxable year two thousand seven the tax adjustment shall be effective and shall apply retroactively: Provided further,".

The bill (S. B. No. 541), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 564, Relating to higher education tuition and fees waivers.

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. 567, Regulating all-terrain vehicles.

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. 593, Clarifying library funding obligation from local share.

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. 594, Establishing Bill of Rights and Responsibilities for Students and School Personnel.

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. 600, Adding certain terms to Human Rights Act and Fair Housing 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. 611, Relating to teachers' alternative education.

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. 634, Creating Military Authority Act.

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 five, section four, line fourteen, after the word "General" by changing the period to a comma and adding the following: subject to appropriation by the Legislature.

The bill (Com. Sub. for S. B. No. 634), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 653, Permitting internet sales of life, accident and sickness insurance.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 654, Finding and declaring certain claims against state.

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. 667, Relating to policemen's and firemen's pension and relief funds.

On second reading, coming up in regular order, was read a second time.

At the request of Senator Caruth, 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. 671, Increasing presiding Court of Claims' judge compensation.

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 two, section eight, lines six and seven, by striking out the words "serving as the presiding judge" and inserting in lieu thereof the word "served".

The bill (S. B. No. 671), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 680, Relating to corporate net income tax and business franchise tax.

On second reading, coming up in regular order, was read a second time.

On motion of Senator Caruth, the following amendments to the bill were reported by the Clerk and considered simultaneously:

On page sixty-eight, section four, line fifty-nine, by striking out the words "and one-half";

On page sixty-nine, section four, line sixty-two, by striking out the word "twelve" and inserting in lieu thereof the word "ten";

On page sixty-nine, section four, lines sixty-eight and sixty- nine, by striking out the word "three-quarters" and inserting in lieu thereof the word "one-half";

On page sixty-nine, section four, line seventy-one, by striking out the word "thirteen" and inserting in lieu thereof the word "eleven";

And,

On page sixty-nine, section four, line seventy-nine, by striking out the word "fourteen" and inserting in lieu thereof the word "twelve".

Following extended discussion,

The question being on the adoption of Senator Caruth's amendments to the bill, the same was put and prevailed.

The bill (Com. Sub. for S. B. No. 680), as amended, was then ordered to engrossment and third reading.

Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senator Caruth regarding the adoption of Senator Caruth's amendment to Committee Substitute for Senate Bill No. 680 were ordered printed in the Appendix to the Journal.
Com. Sub. for Senate Bill No. 682, Creating Community and Technical College Capital Improvement Fund.

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. 686, Relating to Infrastructure and Jobs Development Council.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 697, Authorizing Chief Medical Examiner to determine blood tester's qualifications.

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. 699, Establishing OxyContin Asset Forfeiture 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. 704, Regulating viatical life insurance settlements.

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. 720, Defining who may designate disposition manner of deceased person's body.

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. 750, Relating to continuing education requirements for insurance providers.

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. 758, Specifying certain terms of Public Employees Insurance Agency participation.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 769, Appropriating certain moneys to Bureau for Medical Services.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 780, Relating to Public Employees Grievance Procedure.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 782, Creating Special Manufacturing Inventory Property Valuation Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 783, Modifying County Economic Opportunity Development Act.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 784, Relating to reforming, altering or modifying county government.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 785, Establishing alcohol use by minor as juvenile delinquent offense.

On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

The Senate proceeded to the tenth order of business.

The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 309, Increasing Secretary of Transportation and Commissioner of Highways salary when one person serves as both.
Com. Sub. for Senate Bill No. 349, Authorizing Miscellaneous Boards and Agencies promulgate legislative rules.
Com. Sub. for Senate Bill No. 398, Authorizing Department of Health and Human Resources promulgate legislative rules.
Com. Sub. for Senate Bill No. 417, Authorizing Department of Revenue promulgate legislative rules.
Senate Bill No. 574, Increasing State Police compensation.

And,
Senate Bill No. 777, Authorizing Marshall University and West Virginia University to manage certain real property.

At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.

Senator Helmick, from the Committee on Finance, submitted the following report, which was received:

Your Committee on Finance has had under consideration

Com. Sub. for Senate Bill No. 248, Providing state will not participate in Real ID Act of 2005.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2008;

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. 316, Creating Joint Parenting Act.

And reports the same back without recommendation as to passage.

Respectfully submitted,

Jeffrey V. Kessler,

Chair.

At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 316) 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.

On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary.

Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:

Your Committee on the Judiciary has had under consideration

Senate Bill No. 332, Providing regulations and disclosure requirements for anticipatory tax refund loans.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 332 (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 §11-28-1, §11-28-2, §11-28-3, §11-28-4 and §11-28-5, all relating to required disclosures for loans in anticipation of a tax refund; exceptions; offenses; and 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. 332) 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. 473, Relating to wine sales.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 473 (originating in the Committee on Finance)--A Bill to repeal §60-1-5a of the Code of West Virginia, 1931, as amended; to repeal §60-3-25 of said code; to amend and reenact §60-1-5 of said code; to amend said code by adding thereto four new sections, designated §60-4-2a, §60-4-2b, §60-4-2c and §60-4-22a; to amend and reenact §60-4-3b and §60-4-22 of said code; to amend and reenact §60-6-1 of said code; to amend and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-6, §60-8-6a, §60-8-19, §60-8-20, §60-8-24, §60-8-28, §60-8-30 and §60-8-32 of said code; and to amend said code by adding thereto two new sections, designated §60-8-3a and §60-8-3b, all relating to sales of wine; adding and removing certain definitions; establishing application and reporting requirements for farm wineries seeking a waiver of raw product quotas and import restrictions; defining "off-farm location" to mean a West Virginia farm or winery or a farm in a contiguous state; limiting the duration of waivers; providing for winery and farm winery license to manufacture and sell; deleting provisions prohibiting wholesaler's representatives or their spouses from contributing to political party campaign funds; authorizing wine specialty shops to conduct wine sampling events and wine tasting events without obtaining a separate license; deleting provisions relating to wine tasting and wine sampling licenses; limiting direct shipping licenses to wineries or farm wineries producing twenty thousand gallons of wine or less per year; exempting from payment of the liter tax any winery or farm winery producing twenty thousand gallons of wine or less per year; providing that where a supplier or direct shipper does not have a minimum nexus with this state, the purchaser of wine from the supplier or direct shipper is responsible for reporting, collecting, remitting and paying taxes on the wine sold to the Tax Commissioner; adopting language relating to disposition of wine tax revenues; decreasing the cost and duration of wine brand and label registration; requiring the Alcohol Beverage Control Commissioner to propose rules for promulgation setting standards for wine brand and label review and registration; creating a limited wine retailer license; and allowing wine manufacturers, suppliers and distributors to agree in writing to a period of less than ninety days for termination of a distribution agreement.

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. 473) 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. 477 (originating in the Committee on Natural Resources), Increasing conservation officers' salaries.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill No. 477 (originating in the Committee on Finance)--A Bill to amend and reenact §20-7-1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all relating to providing an increase in length of service and base salaries for conservation officers; providing a hiring bonus for conservation officers; and amending ranks of conservation officers.

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. 477) 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

Com. Sub. for Senate Bill No. 504 (originating in the Committee on Health and Human Resources), Relating to child support enforcement.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill No. 504 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §38-3-18 of the Code of West Virginia, 1931, as amended; 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- 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, §48-18-202, §48-18-205 and §48-18-206 of said code; and to amend said code by adding thereto a new section, designated §48-18-118a, all relating generally to child support enforcement; providing for extension of statute of limitations for child support in certain instances; 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 under certain circumstances; establishing a procedure for refunding of properly withheld amounts when a support order is modified; requiring copy of modification order be sent to Bureau for Child Support Enforcement within five days; 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; allowing the collection through income withholding of court-ordered fees; clarifying that withholding limitations do not apply to bonuses; creating consistency among civil contempt penalties; authorizing the Bureau for Child Support Enforcement to collect an additional two 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 review of the child support formula; requiring report to the Legislative Oversight Commission on Health and Human Resources Accountability; allowing the Tax Commissioner to supply names and addresses of an obligor's employer to the Bureau for Child Support Enforcement for enforcement of support obligations; allowing collection of overpayments to support obligees from state tax refunds; requiring that parties receive monthly statements of child support accounts; requiring Bureau for Child Support Enforcement determine when person owing child support will be incarcerated more than six months and modify child support; requiring Bureau for Child Support Enforcement send notice to obligors in arrears one thousand dollars or more of modification options; requiring petition for contempt in certain cases; requiring motion for modification in certain cases; providing Bureau for Child Support Enforcement one year to send notification of modification options to obligors currently in arrears one thousand dollars or more; clarifying that when attorneys for the Bureau for Child Support Enforcement enter a proposed order to modify a child support obligation without objection a modification order will be entered; and making technical corrections.

With the recommendation that the committee substitute for 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 Com. Sub. for S. B. No. 504) 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. 524, Requiring liability for manufacturing, selling or dispensing certain controlled substances causing death.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 524 (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 §60A-4-413, relating to creating the offenses of manufacturing, selling or dispensing certain controlled substances which cause another person's death; and 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. 524) 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

Com. Sub. for Senate Bill No. 533 (originating in the Committee on Transportation and Infrastructure), Relating to motor vehicle dealer requirements.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill No. 533 (originating in the Committee on the Judiciary)--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; to amend and reenact §17A-6E-2 of said code; and to amend and reenact §46A-3-109 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; authorizing the commissioner to require participation in an electronic temporary plates or markers program as a precondition for issuance of temporary plates; and transferring to commission authority to set documentary changes with the advice of the Motor Vehicle Dealers' Dealer Advisory Board.

With the recommendation that the committee substitute for 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 Com. Sub. for S. B. No. 533) 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. 553, Creating Permitting Information Act.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 553 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A- 6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all relating to Permitting and Licensing Information Act; authorizing the Governor's Office of Technology to establish a permitting and licensing information system; legislative findings; definitions; authority and duties of the office; duties of agencies to provide permitting and licensing information; provision for failure to provide permitting and licensing information; reporting requirements; rule-making authority; and limitation.

And,

Senate Bill No. 681, Creating Beckley-Raleigh County Building Code Authority.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 681 (originating in the Committee on Government Organization)--A Bill to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and to adopt and enforce the State Building Code for the city of Beckley and Raleigh County.

With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.

Respectfully submitted,

Edwin J. Bowman,

Chair.

At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Government Organization.

At the request of Senator Bowman, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 553 and 681) were each 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. 556 (originating in the Committee on Transportation and Infrastructure), Relating to towing unlawfully parked vehicles.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill No. 556 (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 §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 committee substitute for 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 Com. Sub. for S. B. No. 556) 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. 559 (originating in the Committee on the Judiciary), 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 Com. Sub. for Senate Bill No. 559 (originating in the Committee on Finance)--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.

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. 559) 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. 650, Relating to Emergency Medical Services Retirement System.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 650 (originating in the Committee on Finance)--A Bill to amend and reenact §16-5V-2, §16-5V-6, §16-5V-8, §16-5V-9, §16-5V-10, §16-5V-14, §16-5V-18, §16-5V-19, §16-5V-25 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System; adding and modifying definitions; specifying that members hired after the effective date of this plan are members of the plan as a condition of employment; clarifying language relating to the participation of public employers in this plan; clarifying language relating to the transfer of Public Employees Retirement System service credit and reinstatement of service as an emergency medical services officer; specifying the date on which contributions are due the fund and providing for delinquency fees for late payments; clarifying language relating to purchase of prior service and providing for delinquency fees for late payments; making a correction to the heading in section ten of said article; eliminating minimum required eligible direct rollover distributions paid directly to an eligible retirement plan; allowing distributions totaling less than two hundred dollars within the definition of eligible rollover distribution; clarifying the language relating to the benefit awarded for a duty disability; adding provisions for the payment of additional death benefits; clarifying language relating to the effective date for receipt of a duty disability benefit; and making a correction to the time period for which the Joint Committee on Government and Finance shall conduct an interim study on the potential effects of the implementation of this plan.

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. 650) 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. 666, Permitting fraternal organizations certain use of charitable raffle proceeds.

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. 666) 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

Com. Sub. for Senate Bill No. 676 (originating in the Committee on Government Organization), Limiting certain park and recreation owners' liabilities.

And reports back a committee substitute for same with the following title:

Com. Sub. for Com. Sub. for Senate Bill No. 676 (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 §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.

With the recommendation that the committee substitute for 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 Com. Sub. for S. B. No. 676) 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. 677, Modifying certain firearm use restrictions.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 677 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to modifying restrictions relating to shooting and discharging firearms near one's residence, parks and certain other public places.

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. 677) 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 Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:

Your Committee on Energy, Industry and Mining has had under consideration

Senate Bill No. 706, Providing for liner placement through mined-out coal horizons.

Now on second reading, having been read a first time and referred to the Committee on Energy, Industry and Mining on February 20, 2008;

And reports the same back with the recommendation that it do pass.

Respectfully submitted,

Jon Blair Hunter,

Vice Chair.

Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:

Your Committee on Government Organization has had under consideration

Senate Bill No. 740, Reforming Berkeley County commission.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 740 (originating in the Committee on Government Organization)--A Bill to reform the county commission of Berkeley County under the provisions of section thirteen, article IX of the Constitution of West Virginia.

With the recommendation that the committee substitute do pass.

Respectfully submitted,

Edwin J. Bowman,

Chair.

At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 740) contained in the preceding report from the Committee on Government Organization 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. 767, Reducing Director of Personnel's experience requirements.

And has amended same.

And reports the same back with the recommendation that it do pass, as amended.

Respectfully submitted,

Edwin J. Bowman,

Chair.

At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 767) contained in the preceding report from the Committee on Government Organization 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. 770, Reducing certain landfill solid waste assessment fees.

Now on second reading, having been read a first time and referred to the Committee on Finance on February 21, 2008;

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. 778, Relating to veterans' benefits.

And reports back a committee substitute for same with the following title:

Com. Sub. for Senate Bill No. 778 (originating in the Committee on Finance)--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to describing the powers and duties of the director; providing for the hiring of case managers and counselors; providing for a program to advise veterans of available benefits and services; and developing an internet website.

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. 778) 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. 787 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-3-4 and §17A-3-7 of said code; to amend and reenact §17A-3A-2 and §17A-3A-3 of said code; to amend and reenact §17A-4-3 of said code; and to amend said code by adding thereto a new section, designated §17A-10-1a, all relating to registering and operation of mini trucks.

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. 787) 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 respective requests of Senators Oliverio and Sypolt, unanimous consent being granted, it was ordered that the Journal show had Senators Oliverio and Sypolt been present in the chamber on Friday, February 22, 2008, they would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 265, Engrossed Committee Substitute for Senate Bill No. 462, Engrossed Committee Substitute for Senate Bill No. 474 and Engrossed Senate Bill No. 595.

On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.

Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules and a minority party caucus,

On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 26, 2008, at 11 a.m.
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