sdj-56th day

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

Charleston, W. Va., Tuesday, March 4, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Shawn R. Thornton, Senior Pastor, Bible Center Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 3, 2008,
On motion of Senator Stollings, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Clerk presented a communication from Workforce West Virginia, submitting its Governor's Guaranteed Workforce Program annual report, in accordance with chapter five-b, article two-d, section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
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 motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Stollings, Jenkins and Boley.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced that that body had refused to concur in the Senate amendments to, and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4364, Amending various requirements for motor vehicle dealers.
On motion of Senator Chafin, the Senate refused to recede from its amendments to the bill and requested the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the following conferees on the part of the Senate:
Senators Chafin, Stollings and Deem.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from the Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take effect July 1, 2008, of
Eng. House Bill No. 4676, Continuing the permissible appropriation of Public Employees Insurance Reserve Fund moneys to the bureau for medical services.
A message from the Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 6, The "Kenny Ray Hamrick Memorial Bridge".
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. 37--Urging the Government of Turkey to cease its discrimination of the Ecumenical Patriarchate, to grant the Ecumenical Patriarch appropriate international recognition, allow ecclesiastical succession and the right to train clergy of all nationalities, and to respect the property rights and human rights of the Ecumenical Patriarchate.
Whereas, The Ecumenical Patriarchate, located in Istanbul, Turkey, is the sacred See that presides in a spirit of brotherhood over a communion of self-governing churches of the Orthodox Christian world; and
Whereas, The See is led by Ecumenical Patriarch Bartholomew, who is the 269th in direct succession to the Apostle Andrew and hold titular primacy as primus inter pares, meaning "first among equals" in the community of Orthodox churches worldwide; and
Whereas, In 1994 Ecumenical Patriarch Bartholomew, along with leaders of the Appeal of Conscience Foundation, cosponsored the Conference on Peace and Tolerance, which brought together Christian, Jewish and Muslim religious leaders for an interfaith dialogue to help end the Balkan conflict and the ethnic conflict in the Caucasus region; and
Whereas, Following the terrorist attacks on our nation on September 11, 2001, Ecumenical Patriarch Bartholomew gathered a group of international religious leaders to produce the first joint statement with Muslim leaders that condemned the 9/11 attacks as "anti-religious"; and
Whereas, In October 2005 the Ecumenical Patriarch, along with Christian, Jewish and Muslim leaders, cosponsored the Conference on Peace and Tolerance II to further promote peace and stability in southeastern Europe, the Caucasus region and central Asia via religious leaders' interfaith dialogue, understanding and action; and
Whereas, The Orthodox Christian Church, in existence for nearly 2,000 years, numbers approximately 300 million members worldwide with more than 2 million members in the United States; and
Whereas, Since 1453 the continuing presence of the Ecumenical Patriarchate in Turkey has been a living testament to the religious coexistence of Christians and Muslims; and
Whereas, This religious coexistence is in jeopardy because the Government of Turkey refuses to recognize the rights and religious freedoms of the Ecumenical Patriarchate, which is considered a minority religion by the Turkish government; and
Whereas, The Government of Turkey has limited the candidates available to hold the office of Ecumenical Patriarchate to only Turkish nationals at the turn of the 20th century, and due to the continued policies of minority discrimination during this period by the Turkish government, there remain less than 3,000 of the Ecumenical Patriarchs flock left in Turkey today; and
Whereas, The Government of Turkey has reneged on its agreement to reopen the Theological School on the island of Halki, which the Turkish government closed in 1971, thus impeding training for Orthodox Christian clergy; and
Whereas, The Turkish government has confiscated nearly 94 percent of the properties of the Ecumenical Patriarchate and has placed a 42 percent tax retroactive to 1999 on the Baloukli Hospital and Home for the Aged, a charity hospital run by the Ecumenical Patriarchate; and
Whereas, The European Union, a group of nations with a common goal of promoting peace and the well-being of its peoples, began accession negotiations with Turkey on October 3, 2005; and
Whereas, The European Union defined membership criteria for accession at the Copenhagen European Council in 1993, obligating candidate countries to achieve certain levels of reform, including stability of institutions guaranteeing democracy, adherence to the rule of law and respect for and protection of minorities and human rights; and
Whereas, The Turkish government's current treatment of the Ecumenical Patriarchate is inconsistent with the membership conditions and goals of the European Union; and
Whereas, Orthodox Christians in the State of West Virginia and throughout the United States stand to lose their spiritual leader because of the continued actions of the Turkish government; therefore, be it
Resolved by the Legislature of West Virginia:
The State of West Virginia urges the Government of Turkey to uphold and safeguard religious and human rights without compromise; cease its discrimination of the Ecumenical Patriarchate; grant the Ecumenical Patriarch appropriate international recognition, ecclesiastic succession and the right to train clergy of all nationalities; and respect the property rights and human rights of the Ecumenical Patriarchate; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the President of the United States, to the United States Ambassador to the Republic of Turkey, to the Ambassador of the Republic of Turkey to the United States, and to Angelo Koukoulis.
Referred to the Committee on the Judiciary.
The Senate proceeded 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
Eng. Com. Sub. for House Bill No. 4022, Relating to compensation and expenses of panel attorneys providing public defender services.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4022) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
Senator 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. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4120) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4494, Relating to the regulation of the practice of accountancy.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning ordinance adoption by election or otherwise.
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 the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4494 and 4511) were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4712, Supplementary appropriation to the Department of Transportation-Division of Motor Vehicles.
Eng. House Bill No. 4713, Expiring funds to the balance of the Department of Health and Human Resources, Health Care Authority.
And,
Eng. House Bill No. 4714, Supplementary appropriation to the Department of Commerce, Department of Education and the Arts-Division of Rehabilitation Services, Department of Military Affairs and Public Safety-Fire Marshal.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 4712 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4712) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4712) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4712) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 4713 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4713) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4713) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4713) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
At the request of Senator Helmick, unanimous consent being granted, Engrossed House Bill No. 4714 contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, 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.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4714) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, 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 elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4714) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4714) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the sixth order of business.
Senators McCabe, Foster, Unger, Stollings and McKenzie offered the following resolution:
Senate Concurrent Resolution No. 74--Requesting the Joint Committee on Government and Finance review the property tax assessment and appeals system.
Whereas, For many years the property assessment and appeals system in West Virginia could be characterized as having a number of statutory deficiencies that can affect due process for taxpayers; and
Whereas, These characterizations have been addressed in a number of studies and forums, including a 1995 West Virginia Law Review article, the West Virginia Tax Study Commission created by the Legislature in 1982 and the statutory West Virginia Law Institute which was funded by the Joint Committee on Government and Finance in 1992 to review the system and develop recommendations for change; and
Whereas, The 1999 Report of the Governor's Commission on Fair Taxation concluded that, "[There are] a myriad of problems in (the system) which all add up to a virtual denial of due process for citizens protesting assessments - particularly for individuals and small businesses who cannot afford to hire attorneys and appraisal experts for such cases"; and
Whereas, The 1999 report described the system as consisting of inadequate notice, inadequate information, unnecessarily limited appeal opportunity, harsh penalties, institutional bias, ambiguous hearing procedures (no record made), lack of uniformity and potential local fiscal disruption; and
Whereas, Although these major study initiatives have resulted in a host of recommendations to improve the system, virtually none of them has received any substantive legislative consideration; and
Whereas, Despite some improvements in technology and administrative efficiencies during recent years, a myriad of problems and shortfalls still pervade the system - not the least of which is the perceived continuing lack of due process provided to taxpayers; and
Whereas, Senate Bill No. 585, introduced in the 2008 regular session of the Legislature, proposed a number of statutory reforms to the system, including: Modernizing the penalties for failure to timely list property for taxation; modifying the timelines for reporting property to the assessor and mailing notices of assessed value to property owners; prescribing specific requirements for the contents of such notices; providing for appeals of challenged assessments to the Office of Tax Appeals in certain cases; providing for appeals to the Supreme Court of Appeals in certain cases; establishing a voluntary arbitration process as an alternative to appeals to circuit court; and establishing separate timelines and requirements for reporting and assessment of industrial and natural resources properties; and
Whereas, It is time for the Legislature to revisit, review and act on the substantial amount of professional work that has taken place over the past several decades to identify, and develop solutions for, the problems and shortfalls in the system; and
Whereas, Such a review must necessarily include input from affected taxpayers, interest groups and public officials involved in the system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on Government and Finance to review the property tax assessment and appeals system; 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.
Which, under the rules, lies over one day.
Senators Green and Bailey offered the following resolution:
Senate Concurrent Resolution No. 75--Requesting the Division of Highways name bridge number 45-64-143.17 (2790) located at the Green Sulphur Springs Interchange on Interstate 64 in Summers County near exit 143 the "Vaughn Ray York Memorial Bridge".
Whereas, Vaughn Ray York was an avid photographer using his talents to capture wonderful pictures of the West Virginia wildlife, environment and mountains as well as having those photographs of his home state published in the book Shades of Tomorrow; and
Whereas, An exhibit of Vaughn York's photography is scheduled to be displayed at Tamarack this spring; and
Whereas, Vaughn York worked as a heavy equipment operator for Magnum Coal Company; and
Whereas, Vaughn York was an avid outdoors man, enjoying hunting, fishing and photographing game; and
Whereas, Vaughn York was a kind person, selfless in his desire to help those less fortunate than he, often giving most of his own salary to help those who were in need; and
Whereas, On September 23, 2006, after listening to his beloved West Virginia University Mountaineer football team and taking photographs of an intense storm, Vaughn York was returning home when he was tragically killed at the age of thirty-five; and
Whereas, Vaughn York is dearly missed by his family, friends and those in the community, and the breadth of his graciousness was not discovered until his funeral; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 45-64-143.17 (2790) at the Green Sulphur Springs Interchange on Interstate 64 in Summers County near exit 143 the "Vaughn Ray York Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and be placed signs identifying the bridge as the "Vaughn Ray York 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 Transportation and the family of Vaughn Ray York.
Which, under the rules, lies over one day.
Senator Love offered the following resolution:
Senate Concurrent Resolution No. 76--Requesting the Division of Highways place signs on Route 19 at the municipal limits of the Town of Fayetteville, Fayette County, stating "Coolest Small Town".
Whereas, In 2007, the Town of Fayetteville, West Virginia, was recognized as one the "Coolest Small Towns in America"; and
Whereas, The Town of Fayetteville hosted a Community Design Team from West Virginia University in an attempt to gain ideas to promote business in the Town of Fayetteville. The placement of signs identifying Fayetteville as "Coolest Small Town" was one of the suggestions of the design team; and
Whereas, An official request has been made by the Superintendent of the Town of Fayetteville requesting the placement of signs on Route 19 at the municipal limits stating "Coolest Small Town"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to place signs on Route 19 at the municipal limits of the Town of Fayetteville, Fayette County, stating "Coolest Small Town"; 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.
At the request of Senator Love, unanimous consent being granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and Infrastructure.
Senators Plymale, Caruth, Guills, Jenkins, Foster and Stollings offered the following resolution:
Senate Resolution No. 31--Honoring President Olen E. Jones, Jr., for his dedication and service in the fields of medicine and science in the State of West Virginia.
Whereas, Olen E. Jones, Jr., has served as president of the West Virginia School of Osteopathic Medicine since 1987; and
Whereas, Under the leadership of Olen E. Jones, Jr., the West Virginia School of Osteopathic Medicine has been named one of U. S. News & World Report magazine's top medical schools for nine consecutive years; and
Whereas, Under the guidance of Olen E. Jones, Jr., the West Virginia School of Osteopathic Medicine has developed into a major economic development center for southeastern West Virginia, creating a large number of jobs for the area and stimulating major economic growth in the region by hiring in-state contractors and vendors; and
Whereas, Olen E. Jones, Jr., has served as the chairman of the Board of Governors for the American Association of Colleges of Osteopathic Medicine and as the Director of the Medical College Admissions Test (MCAT); and
Whereas, Olen E. Jones, Jr., helped establish the Marshall University School of Medicine and College of Science when he served as Provost and Executive Vice President; and
Whereas, Olen E. Jones, Jr., led the charge to construct the Robert C. Byrd Clinic, as well as the Geriatrics Center at the clinic, helping meet the health care needs of the Greenbrier Valley and the area's elderly population; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Olen E. Jones, Jr., for his dedication and service in the fields of medicine and science in the State of West Virginia; and, be it
Further Resolved, That the Senate extends it best wishes to Olen E. Jones, Jr., for continued success and wishes him luck on any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Olen E. Jones, Jr.
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.
Thereafter, at the request of Senator Hunter, and by unanimous consent, the remarks by Senators Guills, Caruth, Love, Plymale and Stollings regarding the adoption of Senate Resolution No. 31 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, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 77 (originating in the Committee on Military)--Urging the United States Congress declare December 7th a national holiday.
Whereas, The attack on Pearl Harbor on December 7, 1941, which brought the United States into World War II, was truly a day of "infamy" as declared by President Franklin Delano Roosevelt and which resulted in more than sixteen million Americans and two hundred thirty-three thousand nine hundred eighty-five thousand West Virginians taking part in the war which lasted from December 7, 1941, to September 5, 1945, to preserve the way of life of all Americans as a free people; and
Whereas, In addition to Americans in all of the states rallying to war, West Virginia patriots rallied to the war in numbers greater per capita than any other state and this resulted in many West Virginia fathers, mothers, husbands, wives, sons, daughters, uncles, aunts and cousins giving their lives or suffering severe injuries or hardships; and
Whereas, All Americans should recognize and honor the veterans and their families who contributed to the victorious end of World War II and designating December 7, 1941, as a national holiday would pay honor to all their sacrifices and allow them to be remembered and keep alive their being recognized as being the "Greatest Generation"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to declare December 7th a national holiday; and, be it
Further Resolved, That the Legislature expresses great thanks to those veterans who sacrificed and risked their lives to serve their country for the preservation of our freedoms; 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.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 48, Requesting Division of Highways name bridge in Puritan Mines, Mingo County, "Rev. Glen and Gladys Merritt 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. 49, Requesting Division of Highways name bridge in Mingo County "Private Lawrence Ooten 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 and request concurrence therein.
Senate Concurrent Resolution No. 52, Requesting Division of Highways name bridge in Marion County "Seaman 1st Class Clyde Richard Wilson 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 and request concurrence therein.
Senate Concurrent Resolution No. 58, Requesting Division of Highways name bridge near Eleanor, Putnam County, "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 and request concurrence therein.
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.
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. 71, Requesting Division of Highways name bridge in Grafton, Taylor County, "Floyd 'Scotty' Hamilton: First WVU All American Basketball Player 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. 72, Requesting Division of Highways name bridge in Grafton, Taylor County, "Clair Bee: Basketball Coach and Author 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. 73, Requesting Legislative Oversight Commission on Health and Human Resources Accountability study substance abuse.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
House Concurrent Resolution No. 4, The H.E. 'Homer' Lilly 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. 35, The "Noah Stephens 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:
By striking out everything after the title and inserting in lieu thereof the following:
Whereas, Noah Stephens was born February 29, 1924, the tenth child of Tolbert and Effie Stephens, in Wayne County, West Virginia. Noah's father was a hardworking farmer and his mother was a midwife who traveled the county helping mothers in childbirth; and
Whereas, Noah Stephens's work ethic and resiliency were forged early growing up as a child in the Great Depression and then put to the test in World War II when Japan attacked Pearl Harbor on December 7, 1941; and
Whereas, Two months before graduating high school, Noah Stephens, after turning eighteen, rode a bus to Columbus, enlisted in the Army and earned a GED in bootcamp; and
Whereas, Noah Stephens was shipped out to England, eventually landing in France in June, 1944, for the Normandy D-Day invasion; and
Whereas, After the breakthrough in Normandy, Noah Stephens was assigned to the 94th Infantry Division, 302 Regiment, Company L, Second Platoon in Le Havre, France, where he began fighting his way into Germany; and
Whereas, On December 16, 1944, the Germans launched a surprise counter-offensive, known as the Battle of the Bulge, which took the allies completely by surprise. The Germans hit the center of the allied lines at the thinly held Ardennes with over a quarter of a million men; and
Whereas, Within eight days the Germans had cut deeply into allied territory. Noah and his platoon were surrounded for eleven days. At times, the temperature dipped to minus thirty-five degrees below zero. Their food supply dwindled to seven cans of C- rations. The men were forced to lay low, taking shelter in foxholes dug from the frozen solid earth; and
Whereas, On Friday, February 16, 1945, the Wayne County News published the following account: "Mr. and Mrs. Tolbert Stevens (sic) have received word that their son, Pvt. Noah Stevens (sic),
has been missing in action in France since January 21. He had been in service about 2 years"; and
Whereas, In fact, Noah and twenty other men had survived enemy fire, hunger and the bitter cold, to cross the enemy lines and make it back to allied territory. The surviving twenty three men were sent to a hospital in Birmingham, England, where eighteen of them required amputations due to extreme frostbite. Noah was so badly frostbitten he was scheduled to have both feet amputated. He refused, later healed and became one of only five men in his entire platoon to not undergo an amputation; and
Whereas, Believing their son, Noah Stephens, had been dead since January, his parents were overjoyed to receive a letter from him in March relating his struggle and improbable survival; and
Whereas, On March 30, 1945, the Wayne County News ran an updated article on Noah Stephens being awarded the Silver Star and Combat Infantry Badge for his gallantry in action in an attack on the town of Tettington, Germany, with the 94th Infantry Division. Noah also received the Purple Heart, the Good Conduct Medal and three campaign stars for service in Northern France, the Ardennes and the Rhineland; and
Whereas, Upon his return from service in World War II, Noah Stephens married his sweetheart Lorene Russell and they started a family. Within a year their first son Lemuel was born, followed by sons Gary and Delmas and a daughter named Shelia; and
Whereas, In order to provide for his family, Noah began working in the coal mines, then worked in the factories of Detroit and Columbus, and finally attended trade school in Huntington, on the GI Bill, to become a machinist; and
Whereas, Noah Stephens went on in life to become both a successful family man and businessman, owning his own trucking and building companies, surviving hardship and family illness and, after more than fifty-two years, is still married to, loving and caring for his wife Lorene; and
Whereas, Imbued by their parents with a strong work ethic, Noah and Lorene's children have all gone on to become successful entrepreneurs. It is fitting that they thought to honor their father, who will be eighty-four years old on February 29, 2008, by seeking to memorialize his honorable life by naming the Dickson bridge after and dedicating it to him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name the Dickson beam-span bridge, crossing Twelve Pole Creek, on Route 152, Dickson, West Virginia, identification #50-152-3839 (3542), the "Noah Stephens Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to erect appropriate signage at the entryway of each end of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates forward certified copies of this resolution to the Commissioner of Highways, to the Wayne County Commission, and to the family of Noah Stephens.;
And,
By striking out the title and substituting therefor a new title, to read as follows:
House Concurrent Resolution No. 35--Requesting the Division of Highways to name the Dickson beam-span bridge, crossing Twelve Pole Creek, on Route 152, Dickson, West Virginia, identification #50- 152-3839 (3542), the "Noah Stephens Bridge".
The question being on the adoption of the resolution (H. C. R. No. 35), 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. 40, Requesting the United States Park Service to continue permitting hunting on areas controlled by New River Gorge National River.
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. 51, The "William Arnett Wills 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. 66, Honoring and commemorating 100 years of service at home and abroad by the United States Army Reserve.
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. 67, The "Abishi Carrando Cunningham, Sr. 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. 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. 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 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. 2503) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4328, Excluding the service of a poll worker from being considered a prohibited political activity,.
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. 4328) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4328--A Bill to amend and reenact §29-6-20 of the Code of West Virginia, 1931, as amended, relating to allowing state employees to serve as poll workers and as delegates to state and national political conventions without being considered as engaging in a prohibited political activity.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4328) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4418, Establishing a statewide reporting system for hospitals to report their infection rates.
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. 4418) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System to the State Teachers Retirement System.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for House Bill No. 4496 pass?"
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, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie--1.
Absent: Kessler and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4496) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4496--A Bill to repeal §18- 7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11- 21-12h; to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18, §18- 7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C- 8, §18-7C-9, §18-7C-10, §18-7C-11 and §18-7C-12 of said code; to amend said code by adding thereto a new section, designated §18-7C- 15; and to amend and reenact §18A-2-2 of said code, all relating to teachers retirement systems; allowing members of the Teachers' Defined Contribution Retirement System to transfer to the State Teachers Retirement System under certain conditions; income tax deduction for certain payments for obtaining credit; providing for contributions by employers and members; computation of service credit; transfers from the Teacher Employers Contribution Collection Account; loans to members; providing for transfer of higher education employees who are members of the Teachers' Defined Contribution Retirement System; providing for transfer of certain members returning to employment with participating employer; prohibiting transfers to Teachers' Defined Contribution Retirement System; providing findings and purposes of enactment; defining terms; establishing a required minimum percentage of actively contributing members of the Teachers' Defined Contribution Retirement System electing to transfer for the authorization of the transfers; providing for notice, education and record-keeping requirements; providing for classes and seminars and access to schools; establishing the first day of July, two thousand eight, as the effective date for the transfer; providing for the transfer of service credit and the payment of the actuarial reserve to obtain service credit; establishing the earliest date transferees can retire; establishing processes for members of the Teachers' Defined Contribution Retirement System to elect transfer; allowing the Consolidated Public Retirement Board to contract for professional services; establishing a procedure to allow worksite supervisors to collect the transfer documents; providing for effect of transfers on domestic relations orders and vesting; providing guaranteed minimum benefits; and providing for funding to offset any additional unfunded actuarially accrued liability.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie--1.
Absent: Kessler and Sharpe--2.
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. 4496) takes effect from passage.
On motion of Senator Deem, the Senate reconsidered the vote as to the effective date, title amendment and passage of
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").
The vote thereon having been reconsidered,
The question again being "Shall Engrossed Committee Substitute for House Bill No. 4496 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie and Sprouse--2.
Absent: Sharpe--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 4496) passed.
The following amendment to the title of the bill, from the Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4496--A Bill to repeal §18- 7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §11- 21-12h; to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18, §18- 7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7, §18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1, §18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C- 8, §18-7C-9, §18-7C-10, §18-7C-11 and §18-7C-12 of said code; to amend said code by adding thereto a new section, designated §18-7C- 15; and to amend and reenact §18A-2-2 of said code, all relating to teachers retirement systems; allowing members of the Teachers' Defined Contribution Retirement System to transfer to the State Teachers Retirement System under certain conditions; income tax deduction for certain payments for obtaining credit; providing for contributions by employers and members; computation of service credit; transfers from the Teacher Employers Contribution Collection Account; loans to members; providing for transfer of higher education employees who are members of the Teachers' Defined Contribution Retirement System; providing for transfer of certain members returning to employment with participating employer; prohibiting transfers to Teachers' Defined Contribution Retirement System; providing findings and purposes of enactment; defining terms; establishing a required minimum percentage of actively contributing members of the Teachers' Defined Contribution Retirement System electing to transfer for the authorization of the transfers; providing for notice, education and record-keeping requirements; providing for classes and seminars and access to schools; establishing the first day of July, two thousand eight, as the effective date for the transfer; providing for the transfer of service credit and the payment of the actuarial reserve to obtain service credit; establishing the earliest date transferees can retire; establishing processes for members of the Teachers' Defined Contribution Retirement System to elect transfer; allowing the Consolidated Public Retirement Board to contract for professional services; establishing a procedure to allow worksite supervisors to collect the transfer documents; providing for effect of transfers on domestic relations orders and vesting; providing guaranteed minimum benefits; and providing for funding to offset any additional unfunded actuarially accrued liability.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie and Sprouse--2.
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. 4496) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 5:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2881, Providing that antique motor vehicles may be used for occasional recreational driving.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4019, Relating to civil actions filed in the courts of the state.
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. 4028, Authorizing counties and municipalities to enter into contracts for energy-savings.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4069, Requiring vision screening for renewal of a driver's license.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions.
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. 4099, Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights.
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. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools.
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. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Banking and Insurance, were reported by the Clerk, considered simultaneously, and adopted:
On page two, section nine-a, line three, by striking out the word "or" and inserting in lieu thereof the word "and";
And,
On page two, section nine-a, line eight, by striking out the word "or" and inserting in lieu thereof the word "and".
The bill (Eng. Com. Sub. for H. B. No. 4137), as amended, was then ordered to third reading.
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.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Kessler, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
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. 4209, Authorizing the Department of Administration to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
B y striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.

§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a of the Code of West Virginia, the Legislature expressly authorizes the promulgation of the rules described in articles two through eleven, inclusive, of this chapter, subject only to the limitations set forth with respect to each such rule in the section or sections of this chapter authorizing its promulgation. Legislative rules promulgated pursuant to the provisions of articles one through eleven, inclusive, of this chapter in effect at the effective date of this section shall continue in full force and effect until reauthorized in this chapter by legislative enactment or until amended by emergency rule pursuant to the provisions of article three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO PROMULGATE LEGISLATIVE RULES.

§64-2-1. Department of Administration.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eleven, article ten, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the second day of November, two thousand seven, relating to the Department of Administration (leasing of space and acquisition of real property on behalf of state spending units, 148 CSR 19), is authorized with the following amendment:
On page four, subdivision 5.3.b, at the beginning of the second line of the subdivision, by striking the words "limited liability company";
On page four, following subsection 5.3.b, by inserting a new subsection 5.3.c as follows and relettering the remaining subdivisions:
"5.3.c. When the lessor is a limited liability company which is member managed, any member authorized to bind the limited liability company shall execute the lease. When the lessor is a limited liability company which is manager managed, the manager shall execute the lease on behalf of the limited liability company.";
On page six, subdivision 9.8.a, at the beginning of the second line of the subdivision, by striking the words "limited liability company";
And,
On page six, following subdivision 9.8.a, by inserting a new subdivision 9.8.a as follows and relettering the remaining subdivisions:
"9.8.a. When the seller is a limited liability company which is member managed, any member authorized to bind the limited liability company shall execute the contract. When the seller is a limited liability company which is manager managed, the manager shall execute the contract on behalf of the limited liability company."
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article three, chapter five-a of this code, relating to the Department of Administration (leasing space on behalf of state spending units, 148 CSR 2), is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section four, article eleven, chapter five-a of this code, modified by the Department of Administration to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-first day of December, two thousand seven, relating to the Department of Administration (controlling the Public Land Corporation's sale, lease, exchange or transfer of lands and minerals, 148 CSR 20), is authorized with the following amendments:
On page one, subsection 2.4, following the words "appraisal made by" by striking the remainder of the subsection and inserting in lieu thereof the words "the Real Estate Division using the principles contained in the current Uniform Appraisal Standards for Federal Land Acquisitions published under the auspices of the Interagency Land Acquisition Conference" and a period;
On page one, subsection 2.5, by striking the subsection in its entirety and renumbering the remaining subsections;
On page one, subsection 2.7, following the words "Public Land Corporation", by inserting the words "or corporation";
On page one, subsection 2.8, following the word "be" by striking the word "the";
On page one, subsection 2.8, following the word "appointed" by inserting the words "by the";
On page one, subdivision 3.1.a, at the end of the second line of the subdivision, by striking the word "independent";
And,
On page one, subdivision 3.1.b, on the sixth line of the subdivision, following words "shall be", by striking the word "available" and inserting in lieu thereof the words "made available by the corporation".
§64-2-2. Division of Personnel.
(a) The legislative rule filed in the State Register on the thirty-first day of July, one thousand nine hundred ninety-five, authorized under the authority of section twenty-seven, article six, chapter twenty-nine of this code, authorized for promulgation by the Legislature on the ninth day of March, one thousand nine hundred ninety-four, and refiled in the State Register on the twentieth day of May, one thousand nine hundred ninety-six, relating to the Division of Personnel (leave donation program, 143 CSR 2), is authorized with the following amendments:
On page one, section two, following subsection 2.2. by adding a new subsection 2.3. to read as follows:
2.3. Banking or banked donated leave means annual leave in excess of forty (40) days which has been accumulated as of the last day of December in any year by any employee and contributed to the donated leave program;
And renumbering the remaining subsections in section 2;
And,
On page three, section five, following subdivision 5.1.f. by adding a new subdivision 1.g. to read as follows:
g. Any employee may contribute accrued annual leave which is in excess of forty (40) days at the end of the year to a donated leave bank maintained by each appointing authority. Banked donated leave must be used prior to accepting other leave donations for an eligible employee. Banked leave expires if not donated within six (6) months of being banked.
§64-2-3. Consolidated Public Retirement Board.
(a) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (general provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (benefit determination and appeal, 162 CSR 2), is authorized with the following amendments:
On page one, subsection 2.3, by striking out the language of the subsection and inserting in lieu thereof the following: "After a member receives either a lump sum distribution of contributions or the initial payment of a retirement benefit from the retirement system in which the member was or is a participant, the member is not eligible to apply for or receive disability retirement benefits.";
On page one, subsection 3.1, line twelve, following the word "physician", by inserting the word "licensed";
On page four, subsection 6.3, in the last sentence of the subsection, by striking out the words "Consolidated Public Retirement";
And,
On page four, subsection 6.3, in the last line of the subsection, following the word "Board", by inserting the word "staff".
(c) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Teachers Defined Contribution System, 162 CSR 3), is authorized.
(d) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Teachers' Retirement System, 162 CSR 4), is authorized with the following amendment:
On page seven, subsection 8.4, line three, following the words "calendar month", by striking out the words "being reported" and inserting in lieu thereof the words "for which the payment is made".
(e) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the second day of November, two thousand seven, relating to the Consolidated Public Retirement Board (Public Employees Retirement System, 162 CSR 5), is authorized.
(f) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (refund, reinstatement, retroactive service and loan interest factors, 162 CSR 7), is authorized with the following amendment:
On page five, subsection 6.3, line three, following the words "calendar month", by striking out the words "being reported" and inserting in lieu thereof the words "for which the payment is made".
(g) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, modified by the Consolidated Public Retirement Board to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourth day of January, two thousand eight, relating to the Consolidated Public Retirement Board (West Virginia State Police, 162 CSR 9), is authorized.
(h) The legislative rule filed in the State Register on the twenty-fourth day of July, two thousand seven, authorized under the authority of section one, article ten-d, chapter five of this code, relating to the Consolidated Public Retirement Board (Deputy Sheriff Retirement System, 162 CSR 10), is authorized.
§64-9-4. Ethics Commission.
The legislative rule filed in the State Register on the twenty-sixth day of July, two thousand seven, authorized under the authority of section two, article two, chapter six-b of this code, modified by the Ethics Commission to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifteenth day of January, two thousand eight, relating to the Ethics Commission (solicitation and receipt of gifts and charitable contributions by public employees and officials, 158 CSR 7), is authorized with the following amendments:
On page six, section six, by deleting subsections 6.8 and 6.9 in their entirety and inserting in lieu thereof the following:
"6.8. Fund-raising activities based on an exchange of value are not gift solicitations and are permissible."
On page six, section six by renumbering the remaining subsection;
On page six, section seven, subdivision 7.1.a., after the word "months" by adding the following:
"This subsection does not apply to purely law enforcement agencies, officials or employees who do not actually regulate or exercise regulatory control over other persons but merely enforce existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.2., after the word "agency" by adding the following:
"This subsection does not apply to purely law enforcement agencies, officials or employees who do not actually regulate or exercise regulatory control over other persons but merely enforce existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.4, by deleting the words "or infer";
On pages six and seven, section seven by deleting subsections 7.5 and 7.6 in their entirety;
On page seven, section eight, subsection 8.3, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"8.3 Law enforcement officers may not solicit for charity while in uniform except as otherwise provided for in this rule, but may show identification upon request.";
On page seven, section eight, subsection 8.4, by deleting the comma and the words "employees or members of an association of law enforcement officers" and inserting in lieu thereof the following words "or employees";
On pages seven and eight, section eight, subsection 8.5, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"Law enforcement officers or associations composed of law enforcement officers may not provide signs, stickers, decals or other items of display by individual donors showing whether or not a donation has been made on account of any charitable contribution solicited on behalf of law enforcement officers or their association, unless the signs, stickers, decals or other items of display contain the following disclaimer: 'The holder of this item is not entitled to any special treatment.'; Provided, That certificates, plaques or other items of display which are not intended for display on motor vehicles may be distributed to donors without the inclusion of the disclaimer; Provided, However, That an association may provide to its members who are currently serving as law enforcement officers, or who previously served as law enforcement officers, a sign, sticker, decal or other item of display, including those items intended for display in a motor vehicle, which demonstrate that a present or former law enforcement officer is a member of an association or fraternal group primarily composed of law enforcement officers, without the inclusion of the disclaimer." ;
On page eight, section eight, subsection 8.7, by deleting the subsection in its entirety and inserting in lieu thereof the following:
"8.7 Law enforcement officers may not pick up a donation while in uniform except as otherwise provider for in this rule.";
And,
On page eight, section eight, subsection 8.8, by deleting the words "such as a sale of baked goods or a car wash".
The bill (Eng. Com. Sub. for H. B. No. 4209), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4244, Authorizing the Department of Transportation to promulgate legislative rules.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
B y striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 8. AUTHORIZATION FOR THE DEPARTMENT OF TRANSPORTATION TO PROMULGATE LEGISLATIVE RULES.

§64-8-1. Division of Highways.
(a) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen of this code, modified by the Commissioner of Highways to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twenty-sixth day of December, two thousand seven, relating to the Commissioner of Highways (construction and reconstruction of state roads, 157 CSR 3), is authorized.
(b) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen of this code, relating to the Commissioner of Highways (traffic and safety rules, 157 CSR 5), is authorized.
(c) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section eight, article two-a, chapter seventeen of this code, relating to the Commissioner of Highways (use of state road rights-of-way and adjacent areas, 157 CSR 6), is authorized with the following amendment:
On page ten, paragraph 3.8.d.3, after the words "W. Va. Code", by striking the citation "§17-4-17b(d)(4)" and inserting in lieu thereof the following: "§17-4-17b(d)".
(d) The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section seven, article eighteen, chapter twenty- two of this code, relating to the Commissioner of Highways (transportation of hazardous wastes upon the roads and highways, 157 CSR 7), is authorized.
§64-8-2. Division of Motor Vehicles.
(a) The legislative rule filed in the State Register on the twenty-fifth day of July, two thousand seven, authorized under the authority of section five, article two, chapter seventeen-b of this code, modified by the Division of Motor Vehicles to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the twentieth day of December, two thousand seven, relating to the Division of Motor Vehicles (examination and issuance of driver's licences, 91 CSR 4), is authorized with the following amendments:
On page 3, paragraph 3.9, after the words "address of the applicant's", by striking the word "principle" and inserting in lieu thereof the word "principal";
And,
On page 3, by striking out subdivision 3.9.a. in its entirety, and inserting in lieu thereof the following:
"3.9.a. An applicant who can verify that his or her principal residence is physically located in West Virginia but who has no fixed or designated address to which mail can be delivered by the United States Postal Service and who must use another address for purposes of receiving mail;".
(b) The legislative rule filed in the State Register on the first day of November, two thousand seven, authorized under the authority of section twelve, article two-a, chapter seventeen-b of this code, relating to the Division of Motor Vehicles (the disclosure of information from the files of Division of Motor Vehicles, 91 CSR 8), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4244), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules.
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. 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. 4482, Allowing payments from the Parkways Authority to the Hatfield-McCoy Regional Recreational Authority to continue past the nine-year limitation.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Caruth, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Eng. House Bill No. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
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. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
O n page eight, section nine, line eight, by striking out the words "and employees";
And,
On page eight, section nine, line eleven, by striking out the words "the child, disabled or elderly person" and inserting in lieu thereof the words "children or disabled or elderly persons".
The bill (Eng. Com. Sub. for H. B. No. 4500), as amended, was then ordered to third reading.
Eng. House Bill No. 4557, Relating to continuing education for insurance producers.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Oliverio, the following amendment to the bill was reported by the Clerk and adopted:
O n page six, section eight, line seventy-nine, after the word "instruction." by inserting the following: Subject to approval by the commissioner, the active annual membership of the individual insurance producer in local, regional, state or national professional insurance organizations or associations may be approved for up to two annual hours of instruction. These hours shall be credited upon timely filing with the commissioner or his or her designee appropriate written evidence acceptable to the commissioner of the active membership in the organization or association.
The bill (Eng. H. B. No. 4557), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. House Bill No. 4072, Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review.
Eng. House Bill No. 4073, Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review.
Eng. Com. Sub. for House Bill No. 4079, Relating to Professional Employer Organizations.
Eng. Com. Sub. for House Bill No. 4082, Relating to the Public Employees Retirement System.
Eng. House Bill No. 4085, Relating to regulatory review of the West Virginia Acupuncture Board.
Eng. Com. Sub. for House Bill No. 4304, Revised Anatomical Gift Act.
Eng. Com. Sub. for House Bill No. 4344, Relating to the criminal offense of cruelty to animals.
Eng. Com. Sub. for House Bill No. 4423, Ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer.
Eng. House Bill No. 4464, Adding more exemptions to the requirement that a foreign corporation obtain a certificate of authority before conducting affairs in the state.
Eng. House Bill No. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work.
Eng. Com. Sub. for House Bill No. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification.
And,
Eng. Com. Sub. for House Bill No. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Concurrent Resolution No. 2, Requesting Joint Committee on Government and Finance study tourism opportunities in less-developed counties.
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.
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. 6, Requesting Joint Committee on Government and Finance study Universal Voluntary Accounts Program.
Com. Sub. for Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study armed forces retirement service credit.
And,
Senate Concurrent Resolution No. 69, Requesting Joint Committee on Government and Finance study judicial elections.
And reports the same back with the recommendation that they each 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
Senate Concurrent Resolution No. 66, Requesting Division of Highways name bridge in Ashford, Boone County, "Barry Lutsy Memorial Bridge".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Concurrent Resolution No. 66 (originating in the Committee on Transportation and Infrastructure)--Requesting the Division of Highways name bridge number 03-01-8.23 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 03-01-8.23, 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 03-01-8.23 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.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
John R. Unger II,
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. 3056, Authorizing pharmacists to administer immunizations.
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 Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3056) 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. Com. Sub. for House Bill No. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3065) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act.
And,
Eng. House Bill No. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Eng. Com. Sub. for House Bill No. 4059, Relating to medical qualifications for school bus operators.
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 Education.
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. 4059) 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 Education, with an amendment from the Committee on Health and Human Resources pending.
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. 4117, Expanding eligibility for state minimum salary supplements for classroom teachers achieving certain national certification.
Eng. House Bill No. 4406, Relating to state board standards for the recommended duration of school bus transportation times for students to and from school.
And,
Eng. House Bill No. 4449, Allowing the Higher Education Policy Commission and WV Council for Community and Technical College Education to enter into lease-purchase agreements.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. No. 4117, Eng. H. B. No. 4406 and Eng. H. B. No. 4449) 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.
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. 4129, Revising licensing requirements for professional licensing boards, including authorizing a special volunteer license for health care professionals.
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 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. Com. Sub. for House Bill No. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle.
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.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4139) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4144, Relating to physician assistants and updating language to conform to national changes.
With an amendment from the Committee on Health and Human Resources pending;
Now on second reading, have been read a first time and referred to the Committee on Judiciary on February 29, 2008;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred.
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. Com. Sub. for House Bill No. 4255, Authorizing the Department of Commerce to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4255) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4307, Relating to bona fide residents wholly or solely owning greyhounds.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4307) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
Senator 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. Com. Sub. for House Bill No. 4331, Eliminating the requirement to send surrendered driver's licenses back to the original state of licensure.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4331) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Transportation and Infrastructure 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. House Bill No. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4388) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4389, Removing requirement that resident violators of traffic laws be required to sign citations.
And reports the same back with the recommendation that it do pass.
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. Com. Sub. for House Bill No. 4404, Discount Medical Plan Organizations and Discount Prescription Drug Plan Organizations Act.
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 Banking and Insurance.
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. 4404) 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 Banking and Insurance, with an amendment from the Committee on Health and Human Resources pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4420, Imposing corporate net income tax on certain regulated investment companies and real estate investment trusts used as tax sheltering vehicles.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4421) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 4588, Relating to public school support.
And has amended same.
And,
Eng. House Bill No. 4623, Relating to establishing minimum deductions.
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. No. 4588 and Eng. H. B. No. 4623) 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 Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4607, Relating to special district excise tax authorization.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 29, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4624, Providing per diem pay for volunteers who drive veterans to hospitals.
With amendments from the Committee on Military pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as amended by the Committee on Military to which the bill was first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4624) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4628, Providing a tax credit for new job creation by certain taxpayers.
And has amended same.
Now on second reading, having been referred to the Committee on Finance on February 28, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
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
House Concurrent Resolution No. 41, Urging the United States Congress to protect state regulation of the business of insurance.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
House Concurrent Resolution No. 44, Urging legislative support of communities who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 5, 2008, at 11 a.m.
____________