sdj-51st day

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

Charleston, W. Va., Thursday, February 28, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. W. Gregory Terry, Christ Community Church, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, February 27, 2008,
On motion of Senator Fanning, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2930--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3065--A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §48- 9-301a; and to amend said code by adding thereto a new section, designated §61-6-25, all relating false allegations of child abuse and/or neglect; impact of allegations on allocation of custodial responsibility under a parenting plan; imposition of reasonable money sanctions and reasonable attorney's fees for false allegations; request for disclosure of source of allegations by Department of Health and Human Resources; investigation of allegations of child sexual abuse by family courts; and new misdemeanor offense for falsely reporting child abuse.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4047--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to establishing the offense of unlawful use of a wireless communication device while operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions; penalties; and limitation of enforcement.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4304--A Bill to amend and reenact §16-19-1, §16-19-2, §16-19-3, §16-19-4, §16-19-5, §16-19-6, §16-19-7, §16-19-8, §16-19-9, §16-19-10, §16-19-11, §16-19-12, §16-19-13 and §16-19-14 of the Code of West Virginia, 1931, as amended; and to amend said article by adding thereto nine new sections, designated §16-19-15, §16-19-16, §16-19-17, §16-19-18, §16-19-19, §16-19-20, §16-19-21, §16-19-22 and §16-19-23, all establishing the Revised Anatomical Gift Act; providing for a short title; establishing applicability; defining terms; identifying who may make an anatomical gift before the donor's death; establishing the manner of making an anatomical gift before the donor's death; providing for amendment or revocation of an anatomical gift before the donor's death; clarifying donor right to refuse to make an anatomical gift and the effect of such refusal; specifying the preclusive effect of an anatomical gift, amendment or revocation; identifying who may make an anatomical gift of a body or part after death of the donor; establishing the manner of making, amending or revoking an anatomical gift after the decedent's death; identifying persons and institutions to whom anatomical gifts may be made; establishing presumptions for distribution of body and parts if donor does not specify to whom gift passes; requiring first responders, hospital staff and medical examiners to conduct a reasonable search of the body of a decedent for evidence of an anatomical gift or refusal to make a gift; specifying that delivery of document of gift during donor's lifetime not required; identifying who may examine a document of gift; establishing rights and duties of procurement organization in recovering a body or part the subject of an anatomical gift; requiring hospitals to cooperate with procurement organizations for purposes of recovering anatomical gifts; creating the offense of knowingly buying or selling a body part for transplantation or therapy; creating the offense of intentionally falsifying, concealing, defacing or obliterating a document of gift, amendment or revocation; establishing immunity from civil liability for good faith efforts to comply with article; specifying which law governs documents of gift; establishing donor registry through Division of Motor Vehicles and standards of operation; specifying effect of anatomical gift on advance health care directives; requiring cooperation between medical examiner and procurement organization; establishing standards and conditions for medical examiner's release of body or part subject to anatomical gift to procurement organizations; requiring authorization of prosecuting attorney for release of body or recovery of part where death is subject to criminal investigation; and establishing relation to Electronic Signatures in Global and National Commerce Act.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4307--A Bill to amend and reenact §19-23-10 of the Code of West Virginia, 1931, as amended, relating to bona fide residents wholly or solely owning greyhounds; training of track facilities; increasing the amount from the Breeder Development Fund that can be used for construction and maintenance of two training track facilities; not requiring anyone to be a member of an association in order to participate in the Breeder Development Fund; providing for distribution of one half points to West Virginia whelped greyhounds finishing in places fifth through eighth; and requiring up to three races featuring West Virginia bred dogs per race card.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4381--A Bill to repeal §23-2C-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §23-2C-2 and §23-2C-10 of said code; and to amend and reenact §33-26-3, §33-26-5, §33-26-6, §33-26-8 and §33-26-12 of said code, all relating to an assigned risk plan and guaranty association account for workers' compensation insurance; defining terms; eliminating certain funds in the treasurer's office and transferring moneys in such funds to the Old Fund; eliminating the requirement that private carriers maintain an office in this state; providing for the establishment and operation of an assigned risk plan; making workers' compensation insurance applicable to the Insurance Guaranty Association Act; establishing a new account to be administered by the West Virginia Insurance Guaranty Association; modifying standards for paying duplicate claims; and providing that limits on benefits payable by the guaranty association are not applicable to obligations arising out of workers' compensation insurance.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4476--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4, §17-27-5, §17-27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10, §17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16, §17-27-17 and §17-27-18, all relating to establishment of the Public-Private Transportation Facilities Act of two thousand eight; setting forth legislative findings and purposes; defining terms; providing prerequisites for development of a transportation facility; creating public-private transportation oversight within the Division of Highways; creating the powers and duties of the division; providing for the submission of proposals and approval by the division; providing for service contracts; providing for the dedication of public property; setting forth the powers and duties of a developer; requiring a comprehensive agreement; required provisions and limitations of comprehensive agreements; prohibiting the division from entering into comprehensive agreements after the thirtieth day of June, two thousand thirteen; prohibiting the division from entering into comprehensive agreements until approved by a concurrent resolution of the Legislature; providing for federal, state and local assistance; material default and remedies; prohibiting governmental entities from pledging full faith and credit; providing for the exercise of and limitations on the right of eminent domain and condemnation; requirements for utility crossings and relocations; dedication of public assets; qualifying transportation facilities as public improvements; and providing for an exemption of qualifying transportation facilities from taxation.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4636--A Bill to amend and reenact §5A-3-10a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §23- 2-9a; to amend and reenact §23-2C-3, §23-2C-15 and §23-2C-17 of said code; and to amend and reenact §23-5-1 and §23-5-11 of said code, all relating to workers' compensation insurance; prohibiting public contracts with employers in workers' compensation default; providing for the termination of licenses and permits to employers in workers' compensation default; requiring the proposal of rules to regulate certain third-party administrators; requiring proposal of rules relating to establishing penalties for certain defaults; changing period of notice for cancellation of policies; establishing fixed percentages for determining surcharges on covered employers and permitting recalculation of such percentages; eliminating certain carrier reporting requirements; changing periods within which private carriers must notify the Insurance Commissioner regarding coverage status; limiting employer protests; increasing the periods in which to file objections to claims decisions; providing for conditional payment of benefits; providing that corrective orders do not nullify pending protests; providing for proposal of rules relating to establishing a trial return to work period for employees; and increasing salaries of members of the Board of Review.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4643--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5B-2-15, relating to minority business development; requiring the West Virginia Development Office to pursue the establishment of an office within the West Virginia Development Office or the Department of Commerce to promote and support the establishment and growth of minority owned businesses in this state; setting forth goals and objectives; and requiring a report to the West Virginia Legislature.
Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4664--A Bill to repeal §5A- 3-27 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-12 and §5A-3-45 of said code, all relating to the Purchasing Division of the Department of Administration; omitting antiquated language; revising specifications on which bids shall be based; removing requirement that Director determine in writing that no funds above budgeted amount exist to award bid; requiring city and state of residence and business addresses for vendors; and allowing the state agency for surplus property to sell commodities to the public.
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. Com. Sub. for House Bill No. 4665--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4684--A Bill to amend and reenact §11-13X- 3, §11-13X-4, §11-13X-5, §11-13X-6, §11-13X-7, §11-13X-8, §11-13X- 10, §11-13X-11, §11-13X-12 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Film Industry Investment Act; specifying definitions; restricting qualification of expenditures to prevent qualification for more than one credit program; stating the amount of credit allowed in specified percentages; specifying review and certification of projects by the film office; specifying credit limitation and allocation of credit by the film office; specifying terms to be agreed by an eligible company; specifying duties of an eligible company upon completion of a qualified project; specifying forms and information to be filed by an eligible company with the film office; authorizing the transfer or sale of excess credits; specifying criteria for recapture, elimination or reduction of credit; specifying liability of credit transferor and transferee; specifying tax credit review information to be provided to the Legislature; specifying disclosure of certain information by the Tax Commissioner; and making amendments retroactively applicable to taxable years beginning after the thirty-first day of December, two thousand seven.
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. 4692--A Bill to amend and reenact §12-1-4 and §12-1-5 of the Code of West Virginia, 1931, as amended, all relating to giving depositories of state moneys authority to place deposits of those moneys in certificates of deposit which meet certain requirements in lieu of providing a bond or security; and permitting depositories of state moneys to insure such deposits in excess of the amount insured by an agency of the federal government with a deposit guaranty bond issued by a bankers surety company.
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. 4708--A Bill to amend and reenact §62-1-5a of the Code of West Virginia, 1931, as amended, relating to authorizing use of citations in lieu of arrest warrants for certain offenses.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4712--A Bill making a supplementary appropriation of federal funds out of the treasury from the balance of federal moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to the Department of Transportation - Division of Motor Vehicles, fund 8787, fiscal year 2008, organization 0802, all supplementing and amending the appropriation for the fiscal year ending the thirtieth day of June, two thousand eight.
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. 4713--A Bill expiring funds to the balance of the Department of Health and Human Resources, West Virginia Health Care Authority - West Virginia Health Information Network Account, fund 5380, fiscal year 2008, organization 0507, for the fiscal year ending the thirtieth day of June, two thousand eight, in the amount of three million five hundred thousand dollars from the Board of Risk and Insurance Management - Premium Tax Savings Fund, fund 2367, fiscal year 2008, organization 0218.
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. 4714--A Bill making a supplementary appropriation from the balance of moneys remaining unappropriated for the fiscal year ending the thirtieth day of June, two thousand eight, to the Department of Commerce - Division of Labor - Crane Operator Certification Fund, fund 3191, fiscal year 2008, organization 0308, to the Department of Commerce - Miners' Health, Safety and Training Fund, fund 3355, fiscal year 2008, organization 0314, to the Department of Education and the Arts - State Board of Rehabilitation - Division of Rehabilitation Services - West Virginia Rehabilitation Center - Special Account, fund 8664, fiscal year 2008, organization 0932, and to the Department of Military Affairs and Public Safety - Fire Commission - Fire Marshal Fees, fund 6152, fiscal year 2008, organization 0619, by supplementing and amending the appropriations for the fiscal year ending the thirtieth day of June, two thousand eight.
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. 33--Requesting that the Joint Committee on Government and Finance authorize the study of an increase in the prevalence of coal workers' pneumoconiosis.
Whereas, Coal workers' pneumoconiosis, also known as black lung, is a chronic lung disease caused by the inhalation of coal mine dust; and
Whereas, National Institute for Occupational Safety and Health (NIOSH) surveys conducted in 2006-07 revealed that eight to ten percent of West Virginia miners have X ray evidence of black lung; and
Whereas, Twenty-eight of West Virginia's fifty-five counties produce coal; and
Whereas, Nineteen of West Virginia's coal producing counties have cases of rapidly progressive black lung; and
Whereas, Black lung rates in the United States have doubled in the last ten years; and
Whereas, Longer shifts and extended work weeks result in increased exposure to coal dust; and
Whereas, Silicosis, a form of black lung, is a disabling and often fatal lung disease caused by breathing dust containing crystalline silica; and
Whereas, According to the United States Inspector General, MSHA did not perform fifteen percent of its required inspections in underground coal mines in Fiscal Year 2006; and
Whereas, The federal Mine Safety and Health Administration (MSHA) rule significantly lowers respirable dust standards when a mine's atmosphere contains more than five percent silica; and
Whereas, In states or counties where sampling is done yearly by MSHA, samples from "continuous miner machine" operators and "roof bolt" operators revealed that twenty percent of the samples exceeded the maximum allowed silica dust concentration; and
Whereas, Dr. Lee Petsonk of the National Institute of Occupational Safety and Health presented the House of Delegate's Mine Safety Committee with NIOSH's recent findings of coal workers' health surveillance program in West Virginia, informing the Committee that miners are contracting the deadly disease at a younger age; and
Whereas, Dr. Petsonk concluded that low coal seams in West Virginia put miners closer to silica, which is more toxic than coal, and suggested setting a standard for silica would help prevent coal workers' pneumoconiosis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the impact of coal workers' pneumoconiosis on West Virginia's miners, including, but not limited to, causes, preventions, treatment and long-term health implications; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the Regular Session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the Legislative expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 61--Requesting the Joint Committee on Government and Finance to study the development of an intermodal transportation facility to promote economic development in Southern West Virginia.
Whereas, The United States of America is in an economic transition with respective local, national, and global economics; and
Whereas, Improved telecommunications along with an enhanced global supply chain have improved our expanding markets; and
Whereas, The changing economy in America is reflected by an international trade growth from 7% in 1970 to a projected 50% growth by 2050, with domestic trade increasing two-thirds by 2020, and international flows doubling by 2020; and
Whereas, In 1970 one million containers went through America's ports with an estimated one hundred million containers estimated to pass through these same ports by 2050; and
Whereas, America's trading partners in the coming years will be accessed mainly through the Eastern ports with several locations nationwide having completed or in the planning or developmental stages for inland ports such as in Prichard, West Virginia; and
Whereas, The Appalachian Regional Commission believes this is a chance to create jobs and promote economic development in a poor region via a network of mountain inland ports as businesses flock to areas around facilities already established; and
Whereas, Southern West Virginia has one of the most extensive railway systems in the United States. Coal and timber are already being shipped out of West Virginia by rail one-way and by establishing a distribution center for goods and materials arriving from overseas could provide for two-way shipping thus reducing costs; and
Whereas, Existing or planned four lane highways in Southern West Virginia will aid in the effort to establish an Intermodal Transportation Facility; and
Whereas, United States Congressman Nick Rahall has funded the Beckley Intermodal Gateway Project. When completed, the "Gateway" project will enhance economic development, improve local transportation, provide for a revitalization of Southern West Virginia, and serve as an anchor for larger intermodal projects; and
Whereas, The Appalachian Regional Commission's mission is to be a strategic partner and advocate for sustainable community and economic development in Appalachia as it supports Tactical Multi- Modal Investment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the development of an intermodal transportation facility to promote economic development in Southern West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, two thousand nine, on its findings, conclusions and recommendations together with drafts of legislation to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 63--Requesting the Joint Committee on Government and Finance to study sustainable funding methods to develop creative communities prepared to embrace opportunities in the new economy.
Whereas, The grouping of industry sectors and job roles commonly referred to as the "new economy" or "creative sector economy" consist of those organizations and individuals who make their living creating, licensing and marketing intellectual property, including, but not limited to, architectural and graphic design, information technology, scientific research and development, energy technology, engineering, management and professional services, arts and cultural offerings, and media production; and
Whereas, According to Workforce West Virginia data, the new economy industry sector represents over twenty-five percent of employment income in the State of West Virginia, is growing faster than almost all other industry sectors, and is projected to grow by over ten percent through the year 2014; and
Whereas, According to U.S. Census Bureau data, average salaries of employees in the new economy sector are typically up to forty percent to fifty percent higher than other industry sectors; and
Whereas, The future success of traditional West Virginia industries such as manufacturing and mining are largely dependent on breakthrough research and development derived from new economy sector job roles such as engineering, scientific research and information technology; and
Whereas, The mobility and flexibility inherently present in the nature of new economy sector industries provided by the Internet and globally connected markets, so that entrepreneurs, executives and employees of new economy organizations have dramatically more choices in where to live and work; and
Whereas, Research has suggested that a combination of the following elements within a community serve as important attributes that attract creative sector talent and have a high correlation with successful new economy development:
(1) Availability of new economy-savvy talent as measured by the percentage of adults with college or advanced degrees, experienced entrepreneurs and an educational system designed to meet the needs of twenty-first century education;
(2) Openness to people different than themselves and ideas different than their own;
(3) Strong "quality of place. defined as a vibrant availability of arts, cultural and entertainment offerings; commitment to sustainable development practices and policies; and availability of outdoor recreation; and
(4) Widespread availability and adoption of computer technology, broadband connectivity and mobile communications; therefore, be it
Resolved by the Legislature of West Virginia:
That the Committee is hereby requested to study the feasibility of a pilot creative communities development program that would deliver integrated planning, funding and execution support to select communities in the identified new economy pillars of twenty-first century education, promotion of tolerance and diversity, quality of place, sustainable development and technology and broadband adoption; and, be it
Further Resolved, That the Committee study the readiness of West Virginia counties to support new economy growth and development in order to prioritize and select eligible pilot communities; and, be it
Further Resolved, That the Committee report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Economic Development; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 72--Requesting the Joint Committee on Government and Finance study existing autism services in this state and what need, if any, exists for additional or enhanced services; to study the appropriate approach of the state in the provision of these services when considering the funding or not funding on the persons affected, the state fisc, and any affected industries.
Whereas, According to the Center for Disease Control and Prevention, autism occurs in one in every one hundred fifty births nationally. Moreover, one to one and one-half million Americans are currently afflicted with autism; and
Whereas, Autism is the fastest growing developmental disability in the United States; and
Whereas, The national cost for diagnosis, treatment and intervention services related to autism annually reaches ninety billion dollars; and
Whereas, Ninety percent of the costs associated with the diagnosis and treatment of autism are for adult services; and
Whereas, The cost of lifelong care for individuals afflicted with autism can be reduced by two-thirds with early diagnosis and intervention; and
Whereas, Some services are offered in West Virginia by various state and federal agencies for the diagnosis and treatment of autism; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study existing autism services in this state and what need, if any, exists for additional or enhanced services; to study the appropriate approach of the state in the provision of these services when considering the funding or not funding on the persons affected, the state fisc, and any affected industries; and to study the extent to which insurance coverage is available for these services; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge in Parkersburg, Wood County, "Blennerhassett Island Bridge".
House Concurrent Resolution No. 31, The "Sgt. James Allen May Memorial Bridge".
House Concurrent Resolution No. 32, The "William Bradley Fulks Memorial Bridge".
And,
Com. Sub. for House Concurrent Resolution No. 39, The "Sgt. Jackie L. Waymire Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 28, Designating timber rattlesnake as state reptile.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study convention and visitors bureaus.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 2503, Authorizing the Division of Motor Vehicles to issue an identification card to West Virginia residents who already possess a valid driver's license.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3215) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Eng. House Bill No. 4075, Providing for a video recording device monitoring system during Amber Alert periods.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4125, Relating to faculty senate funds for classroom teachers and librarians.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4328, Excluding the service of a poll worker from being considered a prohibited political activity.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4348, Adding language to the code for fees for tests and certificates that were already imposed.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4478, Limiting the mid-year transfer of certain school employees working with students with exceptionalities.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 4478) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4496) contained in the preceding report from the Committee on Pensions was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
House Concurrent Resolution No. 6, The "Kenny Ray Hamrick Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that be adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Facemyer, Bailey and Unger offered the following resolution:
Senate Concurrent Resolution No. 65--Urging the United States Congress pass H. R. 3098 to restore and update farm vehicle exemptions to the Federal Motor Carrier Safety Regulations administered by the U. S. Department of Transportation.
Whereas, Farmers hauling their own products in their own vehicles, many in close proximity to their own property and only on a seasonal basis, should not be forced to comply with unnecessarily and often burdensome federal regulation; and
Whereas, Many states find that exemptions written for farm trucks twenty years ago are no longer adequate for farmers to haul their own products to market free of unnecessarily burdensome federal regulation; and
Whereas, The enforcement of the Federal Motor Carrier Safety Regulations varies across the country, and changing the Federal Motor Carrier Safety Regulations definition of a commercial motor vehicle from 10,001 pounds to 26,001 pounds, provides much needed uniformity between the states; and
Whereas, A national threshold of 26,001 pounds would resolve an onerous burden that arises when a farmer crosses the border from one state to another; and
Whereas, Under current regulation, crossing state lines changes the classification from interstate carrier to interstate carrier, triggering commercial requirements, even if the truck has traveled only a short distance and both states recognize the 26,001 pound exemption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to pass H. R. 3098 to restore and update farm vehicle exemptions to the Federal Motor Carrier Safety Regulations administered by the U. S. Department of Transportation; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the members of the West Virginia delegation to the United States Congress.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President) and Stollings offered the following resolution:
Senate Concurrent Resolution No. 66--Requesting the Division of Highways name bridge number 03-01-8.28 crossing the Big Coal River in Ashford, Boone County, the "Barry Lutsy Memorial Bridge".
Whereas, Barry Lutsy was a long-time member of the Racine Volunteer Fire Department; and
Whereas, Barry Lutsy was married to his beloved wife, Debra, with whom he shared the joy of having two children, Jeremy and Justin; and
Whereas, Sadly, Barry Lutsy was killed in the line of duty on August 13, 2003; and
Whereas, It is fitting, to honor Barry Lutsy for his service and sacrifice to his community by naming bridge number 03-01-8.28, crossing over the Big Coal River, in Ashford, Boone County, the "Barry Lutsy Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-01-8.28 crossing the Big Coal River in Ashford, Boone County, the "Barry Lutsy Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Barry Lutsy 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 to the family of Barry Lutsy.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Stollings, McCabe, Jenkins, McKenzie, Oliverio, Edgell and Unger offered the following resolution:
Senate Resolution No. 28--Designating February 28, 2008, as "Higher Education Day".
Whereas, The foundation of any society's success is the degree to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to supporting higher education; and
Whereas, The PROMISE scholarship for the 2007-2008 school year has contributed to 9,282 West Virginia students in attending in- state higher education institutions; and
Whereas, The PROMISE scholarship has aided more than 19,000 West Virginia students attending in-state colleges and universities since its creation in 2002; and
Whereas, West Virginia's colleges and universities increase the knowledge base of West Virginia students, as well as those from other states; and
Whereas, West Virginia's education system will help students achieve their education goals and meet the workforce needs of West Virginia and the United States; and
Whereas, Not only does the education system contribute to the economic vitality of the state, but it enriches the culture and life of all communities and regions within the state and outside its boundaries; and
Whereas, West Virginia's colleges and universities advance the development of technology, partner in business and industry, conduct ground-breaking research and improve lives through advanced health care; and
Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia's colleges and universities have developed student-centered programs and curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 28, 2008, as "Higher Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to excellence the leaders of our colleges and universities have demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, and the President of the West Virginia Independent Colleges and Universities, Inc., and to each of the presidents of West Virginia's independent and public colleges and universities.
At the request of Senator Plymale, 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, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 67 (originating in the Committee on the Judiciary)-- Requesting the Joint Committee on Government and Finance study the effects of legislation relating to joint parenting passed by the Legislature in 2001 to determine if further improvements, including any presumptions related thereto, need to be made and if the legislation is being implemented fully.
Whereas, An intact, involved two-parent home provides the optimal environment through which a child grows into productive and responsible adult citizens ; and
Whereas, Mothers and fathers provide unique and invaluable contributions towards the development of their child and each parent's contributions to the upbringing of their child are equally necessary to assure a child the best opportunity to develop into healthy citizens; and
Whereas, Situations arise where the optimal environment is disrupted by divorce or separation and the state is called upon to make judgment as to allocation of parental time with the child when the parents cannot agree; and
Whereas, Several years have passed since the Legislature approved the aforementioned legislation, which attempted to alleviate many of the perceived problems with the previous system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the effects of legislation relating to joint parenting passed by the Legislature in 2001 to determine if further improvements, including any presumptions related thereto, need to be made and if the legislation is being implemented fully; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the resolution (S. C. R. No. 67) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Kessler, the resolution was referred to the Committee on Rules.
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 Concurrent Resolution No. 68 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study feasibility of utilizing Alcohol and Drug Mental Health Courts to assess and implement alternative sentencing and treatment options for misdemeanors and nonviolent offenses involving drugs or alcohol.
Whereas, West Virginia has seen a large increase in incarceration rates in its jails and prisons; and
Whereas, It is estimated that more than one-half of these incarcerations are due directly or indirectly to the abuse of alcohol and drugs; and
Whereas, West Virginia has made great progress with alternative sentencing and community corrections programs; and
Whereas, Many states are now utilizing Alcohol and Drug Mental Health Courts to assess and implement alternative sentencing and treatment options for misdemeanors and nonviolent offenses involving drugs or alcohol; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of utilizing such specialty courts in West Virginia to assess and implement alternative sentencing and treatment options for misdemeanor and nonviolent offenses involving drugs or alcohol; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the resolution (S. C. R. No. 68) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration.
On motion of Senator Kessler, the resolution was referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 61, Requesting Joint Committee on Government and Finance study energy sources' taxation.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 62, Requesting Division of Highways name bridge near Belo, Mingo County, "BMC Howard W. Bannister Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 63, Requesting Division of Highways name bridge near Belo, Mingo County, "R3C Fred Mahon Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 64, Commending Consortium for Internationalizing Higher Education in West Virginia.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Resolution No. 25, Urging Congress reauthorize Debbie Smith DNA Backlog Grant Program.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 235, Creating Office for Oral Health.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 533, Relating to motor vehicle dealer requirements.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for Senate Bill No. 702, Providing Economic Opportunity Tax Credit to certain businesses.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 767, Reducing Director of Personnel's experience requirements.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 161, Relating to payment of certain GED fees.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a full time director.
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:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Senate Bill No. 235.
The bill (Eng. Com. Sub. for H. B. No. 4074), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4076, Relating to the compensation and expenses of legislators.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4364, Amending various requirements for motor vehicle dealers.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Unger, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 533.
The bill (Eng. Com. Sub. for H. B. No. 4364), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 4628, Providing a tax credit for new job creation by certain taxpayers.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Helmick, the bill was referred to the Committee on Finance.
Eng. House Bill No. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem, Plymale, Stollings, Kessler, Chafin and Edgell.
Thereafter, at the request of Senator Stollings, and by unanimous consent, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 29, 2008, at 11 a.m.
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