WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, February 29, 2008

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

Prayer was offered by the Reverend David R. Hackett, St. John's Episcopal Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 28, 2008,
On motion of Senator McCabe, 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 concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 145, Relating to reasonable force in defense of self, real and personal property.
Executive Communications

The Clerk then presented communications from His Excellency, the Governor, advising that on February 27, 2008, he had approved Enr. Senate Bill No. 257, Enr. Senate Bill No. 258 and Enr. Senate Bill No. 262; and on February 28, 2008, he had approved Enr. Committee Substitute for House Bill No. 4327.
The Senate proceeded to the fourth order of business.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study armed forces retirement service credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 60 (originating in the Committee on Pensions)--Requesting the Joint Committee on Government and Finance study the feasibility of granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States.
Whereas, The Legislature recognizes the honorable commitment required of the men and women in the armed forces during times of grave danger, conflict and war; and
Whereas, Public servants who enter into active military service do so for the good of our citizenry and with great personal sacrifice; and
Whereas, Men and women serving in the National Guard and Reserves are increasingly being called to respond to crisis overseas; and
Whereas, The West Virginia Consolidated Public Retirement Board administers eight independent state retirement systems; and
Whereas, The West Virginia Public Employees Retirement System provides retirement benefits for approximately 35,800 active employees of the state and other political subdivisions, the West Virginia Teachers' Retirement System serves approximately 19,500 active employees of the state and the West Virginia Teachers' Defined Contribution Plan currently has approximately 19,200 active employees; and
Whereas, Members of the Public Employees Retirement System are eligible to receive up to five years of military service credit toward retirement for compulsory military service or specified periods of armed conflict; and
Whereas, Further study is needed to determine whether armed conflicts other than those specified under the Public Employees Retirement System qualify for additional service credit; and
Whereas, Additional military service credit may be purchased by members of state retirement plans under the federal guidelines of the Uniformed Services Employment and Reemployment Rights Act; 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 granting additional retirement service credit to members of West Virginia's public retirement systems for all periods of active service in the armed forces of the United States; 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.
With the recommendation that the committee substitute be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator 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. 4019, Relating to civil actions filed in the courts of the state.
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 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. 4023, Provide for the denial or suspension of a driver's license for any student who withdraws from school or fails to receive passing grades.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary .
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4052, Uniform Maternal Screening Act.
And,
Eng. Com. Sub. for House Bill No. 4418, Establishing a statewide reporting system for hospitals to report their infection rates.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, one of the bills (Com. Sub. for H. B. No. 4052) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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 Engrossed Committee Substitute for House Bill No. 4418 contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 4418 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
Eng. House Bill No. 4069, Requiring vision screening for renewal of a driver's license.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate again 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
Eng. House Bill No. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions.
Eng. House Bill No. 4141, Providing that written status reports on civil actions brought against state government agencies are required only as requested by the President of the Senate and Speaker of the House.
Eng. Com. Sub. for House Bill No. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules.
Eng. House Bill No. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation.
And,
Eng. House Bill No. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4144, Relating to physician assistants and updating language to conform to national changes.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4144) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 4407, Requiring automatic tire chains as standard equipment on all new school buses.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4433, Increasing the maximum amount of a medical student loan that may be cancelled.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4434, Establishing a higher education energy and water savings revolving loan fund.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4433 and 4434) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance, 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. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry.
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 Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. House Bill No. 4513, Relating to the reimbursement of costs for newborn screenings.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. H. B. No. 4513) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
The Senate proceeded to the sixth order of business.
Senators Kessler, Tomblin (Mr. President), Oliverio, Chafin, Foster, Green, Hunter, Jenkins, Minard, Stollings, Wells, White, Caruth, Deem, Hall, McKenzie, Yoder, Bailey, Barnes, Boley, Bowman, Edgell, Facemyer, Fanning, Guills, Helmick, Love, McCabe, Plymale, Prezioso, Sharpe, Sprouse, Sypolt and Unger offered the following resolution:
Senate Resolution No. 29--Memorializing the life of the Honorable John H. Bowling, Jr., businessman, civic leader, member of the West Virginia House of Delegates, member of the West Virginia Senate, county commissioner, mayor and distinguished West Virginian.
Whereas, John H. Bowling, Jr., was born August 15, 1930, at White Sulphur Springs, Greenbrier County, the son of the late John H. Bowling, Sr., also a former state senator, and Urzula Coffman Bowling; and
Whereas, John H. Bowling, Jr., received his education from West Virginia University, and was a lifetime member of Kappa Alpha fraternity. He was a true gold and blue fan; and
Whereas, John H. Bowling, Jr., was married to his beloved wife Barbara Massey Bowling, with whom he shared the joy of having five children, Connie A. Bowling; John H. Bowling, III; Bruce M. Bowling; Martha Bowling and the late Richard C. Bowling; and
Whereas, The Honorable John H. Bowling, Jr., was elected to the West Virginia House of Delegates in 1965 and elected to the West Virginia Senate in 1967; and
Whereas, The Honorable John H. Bowling, Jr., also served as a member of the Greenbrier County Commission and as Mayor of White Sulphur Springs; and
Whereas, As Mayor of White Sulphur Springs, the Honorable John H. Bowling, Jr., served as president of the West Virginia Municipal League. He was a member of a myriad of civic-minded organizations, including the White Sulphur Springs Jaycees and Rotary Club, and was a Paul Harris Fellow; and
Whereas, Sadly, the Honorable John H. Bowling, Jr., passed away on February 9, 2008, leaving behind a life of dedication and commitment to his community and state; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable John H. Bowling, Jr., businessman, civic leader, member of the West Virginia House of Delegates, member of the West Virginia Senate, county commissioner, mayor and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere sympathy at the passing of the Honorable John H. Bowling, Jr.; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable John H. Bowling, Jr.
At the request of Senator Chafin, 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 Senators Guills, Deem, Bowman, Love, Helmick and McCabe regarding the adoption of Senate Resolution No. 29 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 19, Requesting Division of Highways name bridge in Parkersburg, Wood County, "Blennerhassett Island Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 28, Designating timber rattlesnake as state reptile.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
 Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study convention and visitors bureaus.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
 Senate Concurrent Resolution No. 65, Urging Congress to pass resolution regarding farm vehicle exemptions.
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. 66, Requesting Division of Highways name bridge in Ashford, Boone County, "Barry Lutsy Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
House Concurrent Resolution No. 6, The "Kenny Ray Hamrick Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The following amendments to the resolution, from the Committee on Transportation and Infrastructure, were reported by the Clerk, considered simultaneously, and adopted:
B y striking out everything after the title and inserting in lieu thereof the following:
Whereas, Kenney Ray Hamrick, Sr., a life-long resident of Webster Springs, operated several successful businesses, including Hamrick's Texaco and Restaurant, and served as a city councilman as well; and
Whereas, Kenney Ray Hamrick, Sr., served his country faithfully and courageously in World War II, earning two purple hearts and two bronze stars for uncommon and exceptional acts of valor; and
Whereas, Kenney Ray Hamrick, Sr. was a generous and charitable citizen of Webster Springs, frequently offering people who were down on their luck free meals at his restaurant while extending them credit for gasoline at his filling station; and
Whereas, It is fitting that this bridge be named for Kenney Ray Hamrick, Sr., to honor his generosity and compassion; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenney Ray Hamrick, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Kenney Ray Hamrick, Sr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and Kenney Ray Hamrick, Sr.'s, son, Kevin R. Hamrick.
 And,
 House Concurrent Resolution No. 6--Requesting the Division of Highways name the bridge number 51-20-20.27 (4114) on Route 20 in Webster Springs, Webster County, the "Kenney Ray Hamrick, Sr., Memorial Bridge".
 The question being on the adoption of the resolution (H. C. R. No. 6), as amended, 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.
House Concurrent Resolution No. 31, The "Sgt. James Allen May Memorial Bridge".
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.
 House Concurrent Resolution No. 32, The "William Bradley Fulks Memorial Bridge".
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.
 Com. Sub. for House Concurrent Resolution No. 39, The "Sgt. Jackie L. Waymire Memorial Bridge".
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.
 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.
On motion of Senator Chafin, the bill was recommitted to the Committee on Government Organization.
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.
On motion of Senator Chafin, the bill was recommitted to the Committee on the Judiciary.
 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.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
 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.
 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 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 H. B. No. 4074) 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 House Bill No. 4074--A Bill to repeal §16- 41-7 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code; and to amend said code by adding thereto a new section, designated §16- 41-2a, all relating to oral health; establishing the Office for Oral Health within the Bureau for Public Health; requiring the director to be a licensed dentist; establishing an advisory board; and responsibilities of the Office for Oral Health.
 Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4076, Relating to the compensation and expenses of legislators.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
With prefatory remarks in explanation of his subsequent action,
Senator Wells then moved the previous question.
Which motion the President ruled out of order.
Senator Fanning moved the previous question, which motion prevailed.
The previous question having been ordered, that being on the passage of Engrossed Committee Substitute for House Bill No. 4076.
 On the passage of the bill, the yeas were: Bowman, Chafin, Edgell, Fanning, Green, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Prezioso, Stollings, Wells, White, Yoder and Tomblin (Mr. President)--20.
The nays were: Bailey, Barnes, Boley, Caruth, Deem, Facemyer, Foster, Guills, Hall, Plymale, Sprouse, Sypolt and Unger--13.
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 H. B. No. 4076) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Bowman, Chafin, Deem, Edgell, Facemyer, Fanning, Green, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Wells, White, Yoder and Tomblin (Mr. President)--25.
The nays were: Barnes, Boley, Caruth, Foster, Guills, Sprouse, Sypolt and Unger--8.
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 H. B. No. 4076) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senators Kessler, Helmick, Yoder, Hunter, Love and Bowman regarding the passage of Engrossed Committee Substitute for House Bill No. 4076 were ordered printed in the Appendix to the Journal.
At the request of Senator Boley, unanimous consent being granted, the remarks by Senator Sprouse regarding the passage of Engrossed Committee Substitute for House Bill No. 4076 were ordered printed in the Appendix to the Journal.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Wells regarding the passage of Engrossed Committee Substitute for House Bill No. 4076 were ordered printed in the Appendix to the Journal.
Eng. Com. Sub. for House Bill No. 4364, Amending various requirements for motor vehicle dealers.
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 H. B. No. 4364) passed.
On motion of Senator Unger, the following amendment to the title of the bill was reported by the Clerk and adopted:
 Eng. Com. Sub. for House Bill No. 4364--A Bill to amend and reenact §17A-6-1b, §17A-6-2a, §17A-6-4, §17A-6-7, §17A-6-15 and §17A-6-18a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17A-6E-2 of said code; 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.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services.
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. H. B. No. 4676) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4676) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence in the changed effective date.
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.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
 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. 4478, Limiting the mid-year transfer of certain school employees working with students with exceptionalities.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Education, were reported by the Clerk, considered simultaneously, and adopted:
O n page three, section eight, line thirty-three, after the word "to" by inserting the word "county";
On page five, section eight, line fifty-seven, after the word "to" by inserting the word "county";
On page five, section eight, line sixty-one, after the word "to" by inserting the word "county";
On page five, section eight, line sixty-four, after the word "disorder;" by inserting the word "and";
And,
On page eight, section eight, line one hundred seventeen, by striking out "(10)" and inserting in lieu thereof "(j)".
 The bill (Eng. H. B. No. 4478), as amended, was then 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 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 following:
That §6-7-2a of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §29-6-7 of said code be amended and reenacted, all to read as follows:
CHAPTER 6. GENERAL PROVISIONS RESPECTING OFFICERS.

ARTICLE 7. COMPENSATION AND ALLOWANCES.
§6-7-2a. Terms of certain appointive state officers; appointment; qualifications; powers and salaries of such officers.

(a) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, Division of Highways, ninety-two thousand five hundred dollars; Commissioner, Division of Corrections, eighty thousand dollars; Director, Division of Natural Resources, seventy-five thousand dollars; Superintendent, State Police, eighty-five thousand dollars;, Commissioner, Division of Banking, seventy-five thousand dollars;; Commissioner, Division of Culture and History, sixty-five thousand dollars; Commissioner, Alcohol Beverage Control Commission, seventy-five thousand dollars; Commissioner, Division of Motor Vehicles, seventy-five thousand dollars; Director, Division of Personnel, seventy thousand dollars; Chairman, Health Care Authority, eighty thousand dollars; members, Health Care Authority, seventy thousand dollars; Director, Human Rights Commission, fifty-five thousand dollars; Commissioner, Division of Labor, seventy thousand dollars; Director, Division of Veterans' Affairs, sixty-five thousand dollars; Chairperson, Board of Parole, fifty-five thousand dollars; members, Board of Parole, fifty thousand dollars; members, Employment Security Review Board, seventeen thousand dollars; and Commissioner, Bureau of Employment Programs, seventy-five thousand dollars. Secretaries of the departments shall be paid an annual salary as follows: Health and Human Resources, ninety-five thousand dollars; Transportation, ninety-five thousand dollars; Revenue, ninety-five thousand dollars; Military Affairs and Public Safety, ninety-five thousand dollars; Administration, ninety-five thousand dollars; Education and the Arts, ninety-five thousand dollars; Commerce, ninety-five thousand dollars; and Environmental Protection, ninety-five thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.
(b) Each of the state officers named in this subsection shall continue to be appointed in the manner prescribed in this code and, prior to the first day of July, two thousand six, each of the state officers named in this subsection shall continue to receive the annual salaries he or she was receiving as of the effective date of the enactment of this section in two thousand six, and shall thereafter, notwithstanding any other provision of this code to the contrary, be paid an annual salary as follows:
Director, Board of Risk and Insurance Management, eighty thousand dollars; Director, Division of Rehabilitation Services, seventy thousand dollars; Director, Division of Personnel, seventy thousand dollars; Executive Director, Educational Broadcasting Authority, seventy-five thousand dollars; Secretary, Library Commission, seventy-two thousand dollars; Director, Geological and Economic Survey, seventy-five thousand dollars; Executive Director, Prosecuting Attorneys Institute, seventy thousand dollars; Executive Director, Public Defender Services, seventy thousand dollars; Commissioner, Bureau of Senior Services, seventy-five thousand dollars; Director, State Rail Authority, sixty-five thousand dollars; Executive Director, Women's Commission, forty- five thousand dollars; Director, Hospital Finance Authority, thirty-five thousand dollars; member, Racing Commission, twelve thousand dollars; Chairman, Public Service Commission, eighty-five thousand dollars; members, Public Service Commission, eighty-five thousand dollars; Director, Division of Forestry, seventy-five thousand dollars; Director, Division of Juvenile Services, eighty thousand dollars; and Executive Director, Regional Jail and Correctional Facility Authority, eighty thousand dollars: Provided, That any increase in the salary of any current appointive state officer named in this subsection pursuant to the reenactment of this subsection during the regular session of the Legislature in two thousand six that exceeds five thousand dollars shall be paid to such officer or his or her successor beginning on the first day of July, two thousand six, in annual increments of five thousand dollars per fiscal year, up to the maximum salary provided in this subsection.
(c) Each of the following appointive state officers named in this subsection shall be appointed by the Governor, by and with the advice and consent of the Senate. Each of the appointive state officers serves at the will and pleasure of the Governor for the term for which the Governor was elected and until the respective state officers' successors have been appointed and qualified. Each of the appointive state officers are subject to the existing qualifications for holding each respective office and each has and is hereby granted all of the powers and authority and shall perform all of the functions and services heretofore vested in and performed by virtue of existing law respecting each office.
Prior to the first day of July, two thousand six, each such named appointive state officer shall continue to receive the annual salaries they were receiving as of the effective date of the enactment of this section in two thousand six, and thereafter, notwithstanding any other provision of this code to the contrary, the annual salary of each named appointive state officer shall be as follows:
Commissioner, State Tax Division, ninety-two thousand five hundred dollars; Commissioner, Insurance Commission, ninety-two thousand five hundred dollars; Director, Lottery Commission, ninety-two thousand five hundred dollars; Director, Division of Homeland Security and Emergency Management, sixty-five thousand dollars; and Adjutant General, ninety-two thousand five hundred dollars;
(d) No increase in the salary of any appointive state officer pursuant to this section shall be paid until and unless the appointive state officer has first filed with the State Auditor and the Legislative Auditor a sworn statement, on a form to be prescribed by the Attorney General, certifying that his or her spending unit is in compliance with any general law providing for a salary increase for his or her employees. The Attorney General shall prepare and distribute the form to the affected spending units.
CHAPTER 29. MISCELLANEOUS BOARDS AND COMMISSIONS.

ARTICLE 6. CIVIL SERVICE SYSTEM.
§29-6-7. Director of personnel; appointment; qualifications; powers and duties.

(a) The Secretary of the Department of Administration shall appoint the director. The director shall be a person knowledgeable of the application of the merit principles in public employment as evidenced by the obtainment of a degree in business administration, personnel administration, public administration or the equivalent and or at least five years of administrative experience in personnel administration. The salary for the director shall be that which is set out in section two-a, article seven, chapter six of this code.
(b) The director shall:
(1) Consistent with the provisions of this article, administer the operations of the division, allocating the functions and activities of the division among sections as the director may establish;
(2) Maintain a personnel management information system necessary to carry out the provisions of this article;
(3) Supervise payrolls and audit payrolls, reports or transactions for conformity with the provisions of this article;
(4) Plan, evaluate, administer and implement personnel programs and policies in state government and to political subdivisions after agreement by the parties;
(5) Supervise the employee selection process and employ performance evaluation procedures;
(6) Develop programs to improve efficiency and effectiveness of the public service, including, but not limited to, employee training, development, assistance and incentives, which, notwithstanding any provision of this code to the contrary, may include a one-time monetary incentive for recruitment and retention of employees in critically understaffed classifications. The director, in consultation with the board, shall determine which classifications are critically understaffed. The one-time monetary incentive program shall continue until the thirtieth day of June, two thousand nine. The director shall report annually on or before the thirty-first day of December, commencing in the year two thousand seven, to the Joint Committee on Government and Finance. The annual report shall provide all relevant information on the one-time monetary incentive program and the understaffed classifications in state agencies;
(7) Establish pilot programs and other projects for a maximum of one year outside of the provisions of this article, subject to approval by the board, to be included in the annual report;
(8) Establish and provide for a public employee interchange program and may provide for a voluntary employee interchange program between public and private sector employees;
(9) Establish an internship program;
(10) Assist the Governor and Secretary of the Department of Administration in general workforce planning and other personnel matters;
(11) Make an annual report to the Governor and Legislature and all other special or periodic reports as may be required;
(12) Assess cost for special or other services;
(13) Recommend rules to the board for implementation of this article; and
(14) Conduct schools, seminars or classes for supervisory employees of the state regarding handling of complaints and disciplinary matters and the operation of the state personnel system.
 The bill (Eng. H. B. No. 4677), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.

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.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 4328, Excluding the service of a poll worker from being considered a prohibited political activity.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
At the request of Senator Chafin, and by unanimous consent, the Senate 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. 69 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study judicial selection methods and public financing of judicial elections.
Whereas, Judges in West Virginia are selected by partisan political elections; and
Whereas, In recent years, significant sums have been spent by sources located both within and without West Virginia to influence the elections of judges; and
Whereas, The influx of campaign money in judicial races damages the concept of an independent judiciary and gives rise to the perception that justice is for sale, undermining public confidence not only in the judiciary, but also in all of state government; and
Whereas, It is imperative that the public perception of the integrity of judicial decisions and of the judiciary in general be restored; and
Whereas, Other states provide for the selection of judges by various methods, including partisan election of judges, non- partisan election of judges, appointment by the Executive, appointment by the Executive with the approval of the Legislature appointment by a judicial selection panel; and
Whereas, At least one state has enacted provisions for public funding of judicial elections and other states are considering similar measures; and
Whereas, Each method of judicial selection has its advantages and disadvantages; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study judicial selection methods and public financing of judicial elections; 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. 69) 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 McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 70 (originating in the Committee on Economic Development)--Requesting the Joint Committee on Government and Finance study the West Virginia Tax Increment Financing Act to determine what, if any, changes need to be made in the act to reflect the current application of its provisions and to more effectively allow for its implementation.
Whereas, There is a continued need in West Virginia to encourage economic development and redevelopment projects, and reduce generally the existence of conditions that are unhealthful, unsafe and generally detrimental to the public welfare; and
Whereas, The West Virginia Tax Increment Financing Act has been an effective tool to generate economic growth and help revitalize areas throughout the state and the tax increment financing obligations under the act are issued pursuant to specified terms and conditions therein; and
Whereas, Utilization of the act and the desire to apply tax increment financing in a manner that will best aid in infrastructure development, minimize financial risk to taxpayers and most effectively achieve the public good requires that some of the provisions of the existing act be updated and amended; and
Whereas, In the 2008 Regular Session of the West Virginia Legislature, S.B. No. 741 was introduced to adopt such updates and amendments, reflecting the existing practices, policies and procedures of the West Virginia Development Office, the agency charged with administering the act at the state level, but additional time is needed in order to study these suggested changes; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the West Virginia Tax Increment Financing Act to determine what, if any, changes need to be made in the act to reflect the current application of its provisions and to more effectively allow for its implementation; 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,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the resolution (S. C. R. No. 70) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration.
On motion of Senator McCabe, the resolution was referred to the Committee on Rules.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4557, Relating to continuing education for insurance producers.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
 Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. Com. Sub. for House Bill No. 4607, Relating to special district excise tax authorization.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
At the request of Senator McCabe, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4607) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
 Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
House Concurrent Resolution No. 52, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
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.
And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 3, 2008, at 11 a.m.
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