sdj-57th day

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

Charleston, W. Va., Wednesday, March 5, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Alford Duncan, New Covenant Fellowship Church, Lumberport, West Virginia.
Pending the reading of the Journal of Tuesday, March 4, 2008,
On motion of Senator Bowman, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 101, Exempting nonprofit companies providing electricity from property tax.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 270, Eliminating provisions requiring circuit clerks handle and disburse inmate moneys.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 272, Clarifying "telemarketing solicitation" definition.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 493, Granting emergency election powers to Secretary of State.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page four, section six, lines sixty-one through seventy, by striking out all of subsection (e) and inserting in lieu thereof a new subsection (e), to read as follows:
(e) (1) The Secretary of State shall also have the power, after consultation with the Secretary of the Department of Military Affairs and Public Safety, to implement emergency procedures and rules to ensure that all eligible voters have the opportunity to cast a valid ballot and to uphold the integrity of an election in the event of natural disaster as declared by the Governor of this state, terrorist attack, war, or general emergency, if any of which occur during or immediately preceding an election.
(2) For purposes of this subsection, a "general emergency" means circumstances preventing the casting of ballots in one or more voting precincts. The chief judge of the circuit court of the county where the casting of ballots is being prevented must declare by order that a general emergency exists.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 493, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 493) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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 S. B. No. 493) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 494, Providing voter verification through electronic poll book.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
On page fourteen, section seventeen, lines thirty-eight and thirty-nine, by striking out the words "supply the precinct with" and inserting in lieu thereof the word "authorize";
And,
On page fourteen, section seventeen, line forty, after the word "election." by inserting the following: A printed poll book shall accompany the electronic poll book to each precinct.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 494, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 494) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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 S. B. No. 494) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 495, Requiring certain poll worker training.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 496, Protecting voter registration information.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 505, Creating Veterans Cemetery Fund from lottery proceeds.
A message from The Clerk of the House of Delegates announced the amendment by that body to the title of the bill, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 507, Clarifying voting procedures.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the title of the bill was reported by the Clerk:
Eng. Com. Sub. for Senate Bill No. 507--A Bill to amend and reenact §3-1-20, §3-1-22, §3-1-29, §3-1-34 and §3-1-41 of the Code of West Virginia, 1931, as amended, all relating to general provisions and definitions for elections; requiring cards of instructions to voters to include notice as to effect of voting provisional ballot and right to request location of correct precinct; requiring posting of cards of instruction at voting places; requiring board of ballot commissioners to provide election officials with a list of county precincts and voter registration records; eliminating provisions requiring election official trainees to be volunteers receiving credits for high school diploma and to be appointed by county commission or municipality where the election is held; clarifying that prohibition against using counting board in special elections is discretionary with the county commission; requiring poll clerk to notify prospective voter of effect of voting provisional ballot and of correct precinct in which to vote; and updating language relating to signatures to reflect use of electronic poll books and other electronic devices.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the bill.
Engrossed Committee Substitute for Senate Bill No. 507, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 507) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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 S. B. No. 507) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 512, Increasing number of Records Management and Preservation Board members.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 514, Permitting electronic mail absentee voting.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 18. HAZARDOUS WASTE MANAGEMENT ACT.

§22-18-22. Appropriation of funds; Hazardous Waste Management Fund.

(a) The net proceeds of all fines, penalties and forfeitures collected under this article shall be appropriated as directed by article XII, section five of the Constitution of West Virginia. For the purposes of this section, the net proceeds of the fines, penalties and forfeitures shall be considered the proceeds remaining after deducting therefrom those sums appropriated by the Legislature for defraying the cost of administering this article. All permit application fees collected under this article shall be paid into the State Treasury into a special fund designated the Hazardous Waste Management Fund. In making the appropriation for defraying the cost of administering this article, the Legislature shall first take into account the sums included in that special fund prior to deducting additional sums as may be needed from the fines, penalties and forfeitures collected pursuant to this article.
(b) Effective on the first day of July, two thousand three, ~~and for the next two fiscal years,~~ there is imposed an annual certification fee for facilities that manage hazardous waste, as defined by the federal Resource Conservation and Recovery Act, as amended. The fee will be set by rule promulgated by the secretary in accordance with the provisions of article three, chapter twenty-nine-a of this code. The rule shall be a product of a negotiated rule-making process with the facilities subject to the rule. The rule shall, at a minimum, establish different fee rates for facilities based on criteria established in the rule. The total amount of fees generated shall raise no more funds than are necessary and adequate to meet the matching requirements for all federal grants which support the hazardous waste management program, but shall not exceed seven hundred thousand dollars per year.
(c) The revenues collected from the annual certification fee shall be deposited in the State Treasury to the credit of the Hazardous Waste Management Fee Fund, which is ~~hereby established~~ continued. Moneys of the fund, together with any interest or other return earned thereon, shall be expended to meet the matching requirements of federal grant programs which support the hazardous waste management program. Expenditures from the fund ~~shall be~~ are for the purposes set forth in this article and are not authorized from collections, but are to be made only in accordance with appropriation by the Legislature and in accordance with the provisions of article three, chapter twelve of this code and upon the fulfillment of the provisions set forth in article two, chapter five-a of this code. ~~Provided,~~ ~~That for the fiscal year ending the thirtieth day of June, two thousand four, expenditures are authorized from collections rather than pursuant to an appropriation by the Legislature.~~ Amounts collected which are found, from time to time, to exceed the funds needed for purposes set forth in this article may be transferred to other accounts by appropriation of the Legislature.
(d) The fee provided for in subsection (b) of this section and the fund established in subsection (c) of this section shall terminate on the thirtieth day of June, two thousand ~~eight~~ ten. The ~~division~~ department shall, by the thirty-first day of December of each year, report to the Joint Committee on Government and Finance regarding moneys collected into the Hazardous Waste Management Fee Fund and expenditures by the agency, including any federal matching moneys received and providing an accounting on the collection of the fee by type of permit activity, funds being expended and current and future projected balances of the fund.;
And,
Eng. Com. Sub. for Senate Bill No. 519--A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to extending the termination date of the Hazardous Waste Management Fee Fund to the thirtieth day of June, two thousand ten.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 519, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 519) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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 S. B. No. 519) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 580, Authorizing magistrate courts to accept unsigned citation payments.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 619, Defining certain external defibrillators' user terms.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 654, Finding and declaring certain claims against state.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 775, Relating to state parks and state forests.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was reported by the Clerk:
On page three, section nineteen, line twenty, after the word "Panther" by inserting the words "Forest/WMA, consisting of approximately twenty-six acres containing park facilities".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the bill.
Engrossed Senate Bill No. 775, as amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 775) passed with its title
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 40, Requesting Division of Highways name bridge in Cabell County, "Phyllis E. Given Memorial Bridge".
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, 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.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Perdue, Marshall and Blair.
A message from The Clerk of the House of Delegates announced that that body had agreed to the appointment of a committee of conference of three from each house on the disagreeing votes of the two houses, as to
Eng. Com. Sub. for House Bill No. 4364, Amending various requirements for motor vehicle dealers.
The message further announced the appointment of the following conferees on the part of the House of Delegates:
Delegates Hrutkay, Tabb and Schadler.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, of
Eng. House Bill No. 4478, Limiting the mid-year transfer of certain school employees working with students with exceptionalities.
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. 4496, Providing opportunities for members of the Teachers' Defined Contribution Retirement System ("TDC") to the State Teachers Retirement System ("TRS").
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 five 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 Helmick, Foster, Plymale, Oliverio and Hall.
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 the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, to take effect from passage, of
Eng. House Bill No. 4677, Reducing the requirement that the Director of Personnel must have five years experience in personnel management.
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. 35, The "Noah Stephens 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. 71--Requesting the Joint Committee on Government and Finance to study compensating state troopers for off-duty time when required to be on standby to be called back to work.
Whereas, There are areas of the state with limited staffs of law-enforcement officers to respond to emergencies. As a result, off-duty state troopers in these areas are restricted in their plans while off-duty because they are all too often called on and become responsible for answering the calls for these various emergencies; and
Whereas, There should be a method of compensating these troopers for responding to emergency calls during their off-duty times; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study compensating state troopers for off-duty time when required to be on standby to be called back to work; 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 form legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Finance; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 74--Requesting the Joint Committee on Government and Finance to study the need for a comprehensive, collaborative entity made up of experts in prevention, treatment and intervention to plan and coordinate West Virginia's response to the problem of substance abuse.
Whereas, Substance abuse continues to take a devastating toll on West Virginia's citizens, families and communities; and
Whereas, The combined annual cost of the effects of substance abuse in West Virginia is approaching two billion dollars according to the Public Consulting Group in a report to the Bureau for Behavioral Health and Health Facilities; and
Whereas, West Virginia has the highest death rate from drug overdose for adults under age forty-five; and
Whereas, Prescription drug abuse has reached alarming levels in West Virginia; and
Whereas, Many controlled substances have useful, legitimate, and scientific purposes, and are necessary for appropriate pain management; and
Whereas, The United State Congress declared its intention to assist state and local communities by making grants available to those states that establish and maintain a substance abuse prevention and intervention planning body; and
Whereas, Substance abuse and mental health prevention activities and public health awareness programs should be coordinated across Bureaus and across the state utilizing a partnership that should include leadership from both the executive branch and the legislative branches of state government; and
Whereas, Pursuant to the declarations of Congress, the Governor has established the West Virginia Partnership to Promote Community Well-Being by Executive Order No. 8-04; therefore, be it Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the need for a comprehensive, collaborative entity made up of experts in prevention, treatment and intervention and law enforcement to plan and coordinate West Virginia's response to the problem of substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, review provisions in state law and policies regarding pain management and consider how best to prevent the diversion of prescription medication without impeding pain control for patients with a legitimate medical need for pain management prescription drugs; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider whether physicians prescribing controlled substances should be required to review the West Virginia Board of Pharmacy's online Prescription Drug Monitoring Program before prescribing and that part of the study include a review of the appropriate use and access by various groups of the Board of Pharmacy's Prescription Drug Monitoring Program; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the development of a community-based, data-driven behavioral health promotion system that relies on evidence-based practice using models such as the Strategic Prevention framework, to build local capacity and develop a statewide support system using a regional technical assistance/consulting model; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the identification of a comprehensive, coordinated approach to aggregate and review data regarding substance abuse in West Virginia, to develop policy positions for legislative consideration and to work to create a public media campaign to educate the public on the issues related to substance abuse; and, be it
Further Resolved, That the Joint Committee on Government and Finance, as part of the study, consider the codification of a coordinating body to assure collaboration amongst all the agencies and entities; and, be it
Further Resolved, That the Joint Committee of Government and Finance report to the regular session of the Legislature, 2009, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
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. 79--Requesting the Joint Committee on Government and Finance study the feasibility of election day registration in and for the State of West Virginia.
Whereas, Democracy is served best when the highest possible number of citizens participate; and
Whereas, In West Virginia, election turnout lags behind the country. In the 2004 presidential elections, the national turnout average was 60.3% where the turnout in West Virginia was only 53.25%; and
Whereas, Voter rates among young people are particularly disheartening; and
Whereas, Currently in West Virginia, voter registration applications must be postmarked twenty-one days before election day; and
Whereas, At the same time, the greatest share of news attention to elections occurs in the week before the election itself, after the deadline for voter registration has passed; and
Whereas, There is no evidence that the act of registering to vote in advance has any correlation to level of political knowledge or interest; and
Whereas, Currently there are nine states that have some form of election day or same day voter registration. Those states include states that are largely rural such as Maine, Idaho and Iowa, as well as states with a mix of rural and urban populations, such as Minnesota and Wisconsin; and
Whereas, The states of Maine, Wisconsin and Minnesota have had election day registration since the 1970s, while Iowa and North Carolina passed their measures in 2007; and
Whereas, Election day registration is a reform that has shown to have a positive impact on election turnout, especially among young people; and
Whereas, States that permit election day registration states consistently boast higher turnout than non-election day registration states. In the 2004 Presidential race, election day registration states had an average turnout twelve percentage points higher than the average turnout for non-election day registration states; and
Whereas, While that full increase cannot likely be attributed to election day registration alone, research shows that at least three to six percentage points of the increase is directly related to election day registration; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance study the feasability of election day registration and its potential impact on elections and on voter turnout in the state of West Virginia; 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 the legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on the Judiciary; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 80--Requesting the joint committee on government and finance to make a study on promoting a safe and productive learning environment.
Whereas, Students, teachers and other school personnel have a right to a safe and conducive learning environment free from disruptive behavior that has a negative affect on student learning both for the students directly involved and others whose learning environment is disrupted; and
Whereas, Inappropriate behavior can cause interruption of teachers' lessons and affect the general frame of mind of students and their ability to concentrate on learning; and
Whereas, Research shows that repeated bullying, violence and related inappropriate behaviors contribute to depression, social anxiety, decreased self-esteem, anger, and sadness and are associated with negative school outcomes such as poor academic performance and absenteeism by the affected students and bystanders; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on promoting a safe and productive learning environment, including, but not limited to, in-school, after-school and Saturday-school programs for students who violate rules for appropriate school behavior, a state residential alternative education center for serious behavior code offenders and protecting the reputation and record of school personnel when allegations of child abuse arising from disciplinary enforcement are unsubstantiated; and, be it
Further Resolved, That the said joint committee on government and finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the joint committee on government and finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
Referred to the Committee on Education; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 81--Requesting the joint committee on government and finance to make a study on providing supplemental state aid for the instruction of English as a Second Language(ESL)/Limited English Proficient (LEP) students and removing statutory and regulatory limitations on program delivery.
Whereas, West Virginia collects data for Federal funding on the number of ESL/LEP students in the schools and that data shows that some counties must provide instruction for significant and growing numbers of ESL/LEP students while others do not, thus creating unequal demands on instructional dollars of different counties; and
Whereas, Strong ESL/LEP definitions, testing, student identification, counting and monitoring regulations are currently in place to comply with federal law and reporting requirements; and
Whereas, Providing supplemental state aid and removing statutory and regulatory barriers limitations on the instruction of (ESL)/(LEP) students helps lessen the burden of serving these students with special needs; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study on providing supplemental state aid for the instruction of English as a Second Language(ESL)/Limited English Proficient (LEP) students and removing statutory and regulatory limitations on program delivery; and, be it
Further Resolved, That the said joint committee on government and finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the joint committee on government and finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
Referred to the Committee on Education; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 82--Requesting the joint committee on government and finance to make a study to improve the expediency and efficiency of school level, county board and regional education service agency accounting and auditing practices and procedures.
Whereas, Schools, county boards and regional education service agencies raise and expend funds in a variety of ways and for a variety of purposes; and
Whereas, Schools, county boards and regional education service agencies have limited personnel to supervise financial accounts; and
Whereas, The establishment of more expedient and efficient accounting and auditing practices and procedures for schools, county boards and regional education service agencies would help make them more accountable and less subject to question for funds raised and expended; therefore, be it
Resolved by the Legislature of West Virginia:
That the joint committee on government and finance is hereby requested to make a study to improve the expediency and efficiency of school level, county board and regional education service agency accounting and auditing practices and procedures; and, be it
Further Resolved, That the said joint committee on government and finance is requested conduct the study and prepare a report of its findings, conclusions and recommendations together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the joint committee on government and finance is requested to 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 draft necessary legislation are requested to be paid from legislative appropriations to the joint committee on government and finance.
Referred to the Committee on Education; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 83--Requesting that the Joint Committee on Government and Finance authorize the study of meeting and conference rights for members of fire departments employed by political subdivisions.
Whereas, "Meet and confer" practices are interest-based negotiations in which neither the employer nor the employee is mandated to meet or come to an agreement; and
Whereas, Municipalities around the country have accepted the practice of "meet and confer" so that employees may negotiate and reach agreements with their employers on issues concerning wages, hours, benefits and other terms and conditions of employment; and
Whereas, The fair and equitable treatment of all fire department employees in West Virginia is essential to the effective operation of local governments and the promotion of better morale and efficiency among these emergency responders; and
Whereas, The effectiveness and efficiencies of municipalities are improved by a constructive and cooperative working relationship between a local government and its employees; and
Whereas, It is important to study whether a "meet and confer" practice improves the present system of communication between a local government and its emergency responders and is necessary for matters pertaining to wages, hours, benefits and other terms and conditions of employment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study meeting and conference rights for members of fire departments employed by political subdivisions; 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 draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Referred to the Committee on Government Organization; and then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3215, Removing the administrative link between Shepherd University and Blue Ridge Community and Technical College.
With amendments from the Committee on Education pending;
And has also amended same.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 28, 2008;
And reports the same back with the recommendation that it do pass as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4150, Requiring the purchasing of American-made flags with state funds.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was 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. 4381, Relating to an assigned risk plan and guaranty association account for workers' compensation insurance.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
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. 4381) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4644, Relating to the forfeiture of bail.
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. H. B. No. 4644) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Hunter, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
House Concurrent Resolution No. 28, Requesting the Joint Committee on Government and Finance to study the development of clean coal technologies such as coal liquefaction.
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,
Jon Blair Hunter,
Vice Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 78-- Requesting the Joint Committee on Government and Finance study new requirements regarding restoration of the Chesapeake Bay and impacts upon West Virginia communities.
Whereas, The Chesapeake Bay is a valuable natural resource providing both recreational and economic opportunities to citizens living in and around the Chesapeake Bay basin; and
Whereas, The Chesapeake Bay has been identified by the United States Environmental Protection Agency as an impaired water due to excess nitrogen and phosphorous, commonly referred to as nutrients, entering the Bay from its various tributaries and resulting in depleted dissolved oxygen supplies and other factors which impact the overall health of the Chesapeake Bay; and
Whereas, West Virginia waters located in the Chesapeake Bay watershed contribute nutrients to the Chesapeake Bay; and
Whereas, West Virginia, Maryland, Virginia, Delaware, Pennsylvania, New York and the District of Columbia have agreed to reduce the amount of nutrients contributed to the Chesapeake Bay by sources located within their respective jurisdictions; and
Whereas, Publicly owned wastewater treatment facilities in the Chesapeake Bay watershed are required to prepare a plan of action for achieving loading limits for nutrients that will likely require reductions nutrient releases from their operations; and
Whereas, On a case by case basis, costs associated with wastewater treatment improvements necessary to lower overall nutrient loading to the Chesapeake Bay will likely result in substantial rate increases for an essential public service and deferral or cancellation of other critical infrastructure extensions and/or improvements; and
Whereas, Economic health and continued economic development and the extension of public services in the Chesapeake Bay watershed is essential to the future of communities in the watershed and the State of West Virginia; and
Whereas, West Virginia is committed to establishing a fair and equitable program to assist in funding necessary improvements to protect the Chesapeake Bay while also protecting the economic interests and vitality of the Chesapeake Bay watershed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study new requirements regarding restoration of the Chesapeake Bay and impacts upon West Virginia communities; and, be it
Further Resolved, That the Joint Committee on Government and Finance review and recommend funding mechanisms to assist in off-setting the costs associated with the installation of enhanced nutrient removal technology by publicly owned wastewater treatment facilities; 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 McCabe, Jenkins and Foster offered the following resolution:
Senate Concurrent Resolution No. 79-- Requiring the State Superintendent of the Department of Education develop and present a plan to implement a new quality-driven process improvement philosophy that will address the redesign of the state's public education system.
Whereas, Public education consumes 47 percent of West Virginia's Annual General Revenue Fund with annual expenditures in excess of $1.8 billion; and
Whereas, West Virginia is ranked seventh by percentage increase in teacher salary increases (growth) since 2005; and
Whereas, The total salary and benefit needs of teachers and support personnel exceed the State of West Virginia's annual budget for public education; and
Whereas, The public education system in West Virginia has developed incrementally over time and, in some cases, has become disjointed, cumbersome, inefficient, and lacks the effectiveness that is desired by students, parents, teachers, support personnel, administration and the Legislature; and
Whereas, The amount of funding needed to adequately address the salary and benefits of teachers and support personnel can only reasonably come from redesigning the system of public education in West Virginia; and
Whereas, Successful systems redesign depends on the involvement of a cross section of employees of the State Department of Education and the county school systems in identifying needed changes, developing a plan to implement changes and accepting the significant changes as a part of how they perform their jobs; and
Whereas, Significant systems change must include defining the problems, including current benchmarks, setting of annual goals and targets, measuring the inputs and outputs, analyzing the data, designing simplified and improved processes, and overseeing the process implementation to assure benefits and sustain continuous improvement; and
Whereas, Creating significant and meaningful change in the public education system in West Virginia is a multiyear, systemwide endeavor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requires the Superintendent of the Department of Education to develop and present a plan to implement a new quality-driven process improvement philosophy that will address the redesign of the state's public education system; and, be it
Further Resolved, That the Superintendent present to the Legislative Oversight Commission on Education Accountability a redesign plan for the public education system within the Department of Education and the 55 county school systems that reflects the philosophy set forth in this resolution. This plan shall include the training of a work group, consisting of at least one hundred participants who proportionally represent department employees, county administrators, public school teachers and support personnel, in bench marking metrics and problem solving methodology. This group will work with in-house experts or consultants to disseminate new definitions of performance expectations for quality outcomes and encourage and direct on-going system redesign to ensure efficient and effective public education delivery; and, be it
Further Resolved, That the plan would be designed to be implemented in phases over four years with up to seventy-five percent of the operating cost savings to be redirected to salary and benefits for employees of the public education system; and, be it
Further Resolved, That the Superintendent of the Department of Education shall make an annual report to the Legislative Oversight Commission on Education Accountability.
Which, under the rules, lies over one day.
Senators McCabe and Foster offered the following resolution:
Senate Concurrent Resolution No. 80-- Requiring the Secretary of the Department of Health and Human Resources develop and present a plan to implement a new quality-driven process improvement philosophy that will address the redesign of service delivery systems within the Department of Health and Human Resources.
Whereas, The Department of Health and Human Resources is comprised of five bureaus that administer social service programs to promote the positive growth and development of children, youth and their families; that provide economic services to those West Virginians who qualify for food stamps, public assistance payments and medical services; that administer public health programs to promote and support the well being of all the state's citizens; that administer behavior health programs to improve the quality of life for people with or at risk for substance abuse, mental illness, or developmental disabilities, and that administer child support enforcement programs to promote parental responsibility and minimize taxpayer burden; and
Whereas, The budget for the Department of Health and Human Resources consumes $842,393,833 dollars of the total state budget; and
Whereas, The lack of a clear and consistent pay scale within the Department of Health and Human Resources has resulted in high turnover rates and employee discontent; and
Whereas, The funding needed by the department to provide required services and to adequately address the salary and benefit needs of its employees must include savings from a redesign of its service delivery systems; and
Whereas, Successful systems redesign depends on the involvement of a cross section of employees in identifying needed changes, developing a plan to implement changes and accepting the significant changes as a part of how they perform their jobs; and
Whereas, Significant systems change must include defining the problems including current benchmarks, setting of annual goals and targets, measuring the inputs and outputs, analyzing the data, designing simplified and improved processes, and overseeing the process implementation to assure benefits and sustain continuous improvement; and
Whereas, Creating significant and meaningful change in the service delivery systems in the West Virginia Department of Health and Human Resources is a multiyear, systemwide endeavor; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requires the Secretary of the Department of Health and Human Resources to develop and present a plan to implement a new quality-driven process improvement philosophy that will address the redesign of service delivery systems within the Department of Health and Human Resources; and, be it
Further Resolved, That the redesign plan for the service delivery systems within the Department of Health and Human Resources reflects the philosophy set forth in this resolution. This plan shall include the training of a work group, consisting of at least one hundred participants who proportionally represent employees and service areas across the department, in bench marking metrics and problem solving methodology. This group will work with in-house experts or consultants to disseminate new definitions of performance expectations for quality outcomes and encourage and direct on-going system redesign to ensure efficient and effective service delivery; and, be it
Further Resolved, That the plan would be designed to be implemented in phases over four years with up to seventy-five percent of the operating cost savings to be redirected to salary and benefits of employees of the Department of Health and Human Resources; and, be it
Further Resolved, That the Secretary of the Department of Health and Human Resources shall make an annual report to the Legislative Oversight Commission on Health and Human Resources Accountability.
Which, under the rules, lies over one day.
Senators McCabe, Kessler, Foster, Stollings, Hall, Barnes, Love, Jenkins and Boley offered the following resolution:
Senate Concurrent Resolution No. 81--Requesting the committees on Finance of both houses of the Legislature jointly conduct a detailed study of the reimbursement rate structures and rate adjustment processes for private providers paid by the Department of Health and Human Resources.
Whereas, The Department of Health and Human Resources relies upon and contracts with private providers to provide many mandated services to the citizens of the State of West Virginia; and
Whereas, The Department of Health and Human Resources has total and absolute control and authority to establish the rates it pays to private providers for the provision of these services; and
Whereas, There is widespread inconsistency in how the Department of Health and Human Resources establishes rates for various types of providers in various programs. Some providers, such as hospitals and nursing homes, have their reimbursement rates reviewed and adjusted annually. Providers in other programs have gone as long as fourteen years without having a reimbursement rate adjustment; and
Whereas, The cost of doing business for providers increases from year to year based upon the consumer price index (for January 2008 the rate was 4.28 percent) and the United States Department of Labor employee cost index; and
Whereas, Stagnate reimbursement rates make it difficult for private providers to compete for and retain high quality staff; and
Whereas, Adequate reimbursement rates are required in order to ensure that private providers are able to provide quality care and services to the citizens of this state; and
Whereas, The provision of high quality and effective community based services prevents the increased utilization of more costly institutionally based services, thereby resulting in an overall savings to the state; and
Whereas, It is in the public interest for the Legislature to explore alternative structures and processes for reviewing and adjusting reimbursement rates paid by the Department of Health and Human Resources to private providers; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the committees on Finance of both houses of the Legislature jointly conduct a detailed study of the reimbursement rate structures and rate adjustment processes for private providers paid by the Department of Health and Human Resources; and, be it
Further Resolved, That the study shall examine all rates paid to all types of providers including, but not limited to, residential care providers, foster parents, developmental disability service providers and comprehensive community mental health centers. The study will also examine the feasibility of establishing an annual rate review process within the Department of Health and Human Resources which may include a mechanism for implementing annual cost of living increases; and, be it
Further Resolved, That the committees on Finance jointly report back to the Legislature no later than the first day of January, 2009, with a report and recommendations concerning their findings so that the Legislature may promptly act upon the commencement of the 2009 regular session of the West Virginia Legislature should the Legislature determine that it is appropriate to do so in light of the report and recommendations of the Committees on Finance.
Which, under the rules, lies over one day.
Senators Plymale, Edgell and Unger offered the following resolution:
Senate Concurrent Resolution No. 82-- Amending Joint Rules of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That Joint Rule No. 5 of the Joint Rules of the Senate and the House of Delegates be amended to read a follows:
Bill Processing
5. (a) In every regular session beginning after the effective date of this rule, legislation recommended by the Governor or by executive departments or agencies is requested to be filed in the respective Clerks' offices and a copy sent to Legislative Services, no later than the tenth day of each regular session of a Legislature.
(b) No bill or joint resolution shall be considered on third reading in its house of origin after the ~~fiftieth~~ fortieth day, unless authorization shall be granted by a concurrent resolution adopted by a two-thirds vote of the members present of both houses: Provided, That the budget bill, or any salary or supplementary appropriation bills may be considered at any time.
(c) This rule may be suspended by adopting a concurrent resolution approved by a two-thirds majority of those present and voting in each house. A house desiring to suspend this rule may adopt a concurrent resolution and proceed as if the concurrent resolution had been adopted in both houses and the rule suspended. Any bill or joint resolution passed pursuant to such concurrent resolution may be communicated to the other house with the concurrent resolution or at any time after the concurrent resolution has been communicated to the other house. The other house may proceed to consider such bill or joint resolution only after adopting the concurrent resolution.
The provisions of this rule shall not apply to any extended regular session or to any extraordinary session.
Which, under the rules, lies over one day.
Senators Kessler, McKenzie, Bowman, Edgell, Tomblin (Mr. President), Bailey, Barnes, Boley, Caruth, Chafin, Deem, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Sharpe, Sprouse, Stollings, Sypolt, Unger, Wells, White and Yoder offered the following resolution:
Senate Resolution No. 32--Memorializing the life the Honorable Arch W. Riley, former member of the West Virginia Senate, prominent attorney and distinguished West Virginian.
Whereas, Arch W. Riley was born November 11, 1930, in Wheeling, Ohio County, the son of Robert J. and Ellen (Wilson) Riley; and
Whereas, Arch W. Riley received his education at Georgetown Preparatory School of Washington, D. C., University of Oklahoma and West Virginia University, receiving an A. B. and LL. B degree; and
Whereas, Arch W. Riley was married to his beloved wife Rose and was the proud father of three children, daughter, Wendy Daroczy and sons, Arch W. Riley, Jr., and Christopher P. Riley; and
Whereas, As a prominent attorney, Arch W. Riley was a member of the Ohio County Bar, the West Virginia State Bar, the West Virginia Bar Association and the American Bar Association. He was a member of a myriad of civic minded organizations, including the Elks, Fraternal Order of Eagles, the Moose Club and a fraternity member of Phi Kappa Psi and Phi Delta Phi; and
Whereas, The Honorable Arch W. Riley was elected to the West Virginia Senate in 1958 and served as chairman of the powerful Committee on the Judiciary and contributed much to the legislative process; and
Whereas, In 1964, the Honorable Arch W. Riley was elected Prosecuting Attorney of Ohio County; and
Whereas, The many contributions of the Honorable Arch W. Riley to the legal profession include founding the Commission on Lawyer Assistance and Intervention of the West Virginia State Bar, designed to educate lawyers about alcohol and substance abuse, the first of its kind in the United States; and
Whereas, Sadly, the Honorable Arch W. Riley passed away on Wednesday, December 12, 2007, leaving behind a long and productive life of public service and pride in the legal profession; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of the Honorable Arch W. Riley, former member of the West Virginia Senate, prominent attorney and distinguished West Virginian; and, be it
Further Resolved, That the Senate hereby extends its sincere sympathy to the family of the Honorable Arch W. Riley; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the family of the Honorable Arch W. Riley.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Kessler regarding the adoption of Senate Resolution No. 32 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Plymale, Edgell and Unger offered the following resolution:
Senate Resolution No. 33-- Amending Senate Rule No. 14 relating to bills and resolutions.
Resolved by the Senate:
That Senate Rule No. 14 be amended to read as follows:
Bills and Resolutions
14. No Senate bill, other than a Senate supplementary appropriation bill, and no Senate joint resolution shall be introduced in the Senate after the ~~forty-first~~ thirty-first day of a regular session unless permission to introduce the bill or the joint resolution be given by a Senate resolution, setting out the title to the bill or the joint resolution and adopted by a two-thirds vote of the Senate members present. When permission is requested to introduce a bill or joint resolution under the provisions of this rule, quadruplicate copies of the bill or the joint resolution shall accompany the resolution when introduced.
A standing committee of the Senate may originate a bill or resolution and report the same after the ~~forty-first~~ thirty-first day.
The ~~forty-first~~ thirty-first day of the regular session held in the year one thousand nine hundred seventy-seven and every fourth year thereafter shall be computed from and include the second Wednesday of February of such years.
Which, under the rules, was referred to the Committee on Rules.
At the request of Senator Stollings, unanimous consent being granted, the Senate returned to the second order of business and the introduction of guests.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study Universal Voluntary Accounts Program.
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.
Com. Sub. for Senate Concurrent Resolution No. 60, Requesting Joint Committee on Government and Finance study armed forces retirement service credit.
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.
Com. Sub. for Senate Concurrent Resolution No. 66, Requesting Division of Highways name bridge in Ashford, Boone County, "Barry Lutsy Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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. 69, Requesting Joint Committee on Government and Finance study judicial elections.
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. 74, Requesting Joint Committee on Government and Finance review property tax assessment and appeals system.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 75, Requesting Division of Highways name bridge in Summers County "Vaughn Ray York 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. 77, Urging Congress declare December 7, 2008 national holiday.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Hunter, unanimous consent being granted, the resolution was laid over one day, retaining its place on the calendar.
House Concurrent Resolution No. 41, Urging the United States Congress to protect state regulation of the business of insurance.
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. 44, Urging legislative support of communities who are committed to delivering the five fundamental resources of America's Promise to West Virginia's youth.
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. Com. Sub. for House Bill No. 2881, Providing that antique motor vehicles may be used for occasional recreational driving.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 2881) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4019, Relating to civil actions filed in the courts of the state.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4019) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4019--A Bill to amend and reenact §56-1-1a of the Code of West Virginia, 1931, as amended, relating to venue in civil actions; codifying certain portions of the common law doctrine of forum non conveniens; and required judicial considerations.
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. 4028, Authorizing counties and municipalities to enter into contracts for energy-savings.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4028) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4069, Requiring vision screening for renewal of a 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4069) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. House Bill No. 4080, Relating to funds held for charitable purposes by nonprofit, charitable institutions.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4080) 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. 4099, Allowing certain vehicles designated by the Secretary of the Department of Military Affairs and Public Safety to use red flashing lights.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4099) 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. 4124, Adding CPR and First Aid training to the health education curriculum in secondary schools.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4124) 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. 4137, Clarifying that a municipality and county will be notified by an insurance company when a total loss to a structure occurs.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4137) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4137--A Bill to amend and reenact §33-17-9a of the Code of West Virginia, 1931, as amended, relating to clarifying that a municipality and county will be notified in writing by an insurance company when the policy provides for cleanup or removal of the remains of a structure when a total loss to a structure occurs within that county or municipality.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
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 third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 4, 2008, for amendments to be received on third reading, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, further consideration of the bill was deferred until the conclusion of bills of today's second reading calendar.
Eng. Com. Sub. for House Bill No. 4206, Authorizing the Department of Military Affairs and Public Safety to promulgate legislative rules.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4206) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4206) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4209, Authorizing the Department of Administration to promulgate legislative rules.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4209) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4209--A Bill to amend and reenact §64-1-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact article 2, chapter 64 of said code, all relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; the promulgation of administrative rules by the Department of Administration and the procedures relating thereto legislative mandate or authorization; the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; and disapproving certain rules; authorizing the Department of Administration to promulgate a legislative rule relating to the leasing of space and acquisition of real property on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to leasing space on behalf of state spending units; authorizing the Department of Administration to promulgate a legislative rule relating to controlling the Public Land Corporation's sale, lease, exchange or transfer of lands and minerals; authorizing the Division of Personnel of Administration to promulgate a legislative rule relating to the leave donation program; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to general provisions; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to benefit determination and appeal; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Defined Contribution System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers' Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employee's Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement, retroactive service and loan interest factors; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Deputy Sheriff Retirement System; and authorizing the Ethics Commission to promulgate a legislative rule relating to the solicitation and receipt of gifts and charitable contributions by public employees and officials.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4209) 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. 4244, Authorizing the Department of Transportation to promulgate legislative rules.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4244) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4244) 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. 4355, Allowing Hatfield-McCoy Regional Recreation Authority to retain civil penalties imposed for violation of authority rules.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4355) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4355) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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 third reading, coming up in regular order, with the right having been granted on yesterday, Tuesday, March 4, 2008, for amendments to be received on third reading, was reported by the Clerk.
On motion of Senator Caruth, the following amendment to the bill was reported by the Clerk and adopted:
On page five, section thirteen, line sixty-one, after the word "projects" by changing the period to a colon and inserting the following: Provided, That beginning on the first day of January, two thousand nine, the Parkways Authority shall pay one hundred thousand dollars annually to the Mercer County Equestrian Park Authority, with such funds to be paid to the Region One Planning and Development Council until such time as the Mercer County Equestrian Park Authority is established. Upon the establishment of the Mercer County Equestrian Park Authority, the one hundred thousand dollar annual payments from the Parkways Authority shall be paid directly to the Mercer County Equestrian Park Authority for the purpose of developing, supporting and operating the Mercer County Equestrian Park.
Having been engrossed, the bill (Eng. H. B. No. 4482) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4482) passed.
On motion of Senator Caruth, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 4482--A Bill to amend and reenact §17-16A- 13 of the Code of West Virginia, 1931, as amended, relating to relating to payments by the West Virginia parkways, economic development and tourism authority to the Hatfield-McCoy regional recreation authority for the purpose of funding projects of the Hatfield-McCoy regional recreation authority and payments by the West Virginia parkways to the Mercer County Equestrian Park Authority for the purpose of funding the establishment and operation of an Equestrian Park in Mercer County.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. H. B. No. 4482) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4490, Finding and declaring certain claims against the state and its agencies to be moral obligations of the state.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4490) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. H. B. No. 4490) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
Eng. Com. Sub. for House Bill No. 4500, Providing qualified entities access to the West Virginia Central Abuse Registry.
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, 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)--32.
The nays were: None.
Absent: Barnes 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. 4500) 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. 4500--A Bill to amend and reenact §15-2C-1 and §15-2C-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §15-2C-9, all relating to providing qualified entities access to the West Virginia Central Abuse Registry; amending and adding definitions; defining the responsibilities of qualified entities; charging fees for requests by qualified entities; and keeping records of security audits.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4557, Relating to continuing education for insurance producers.
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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4557) passed.
On motion of Senator Oliverio, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 4557--A Bill to amend and reenact §33-12-8 of the Code of West Virginia, 1931, as amended, relating to continuing education for individual insurance producers; allowing continuing education credit for active annual membership in professional organizations or associations; and providing for carry-over of hours of continuing education into the following biennial reporting period.
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, without objection, returned to the third order of business.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the following proclamation from His Excellency, the Governor, extending this current legislative session until and including the eleventh day of March, two thousand eight, which was received and read by the Clerk:
STATE OF WEST VIRGINIA
EXECUTIVE DEPARTMENT
Charleston
A P R O C L A M A T I O N
By the Governor
WHEREAS, The Constitution of West Virginia delineates the respective powers, duties and responsibilities of the three separate branches of government; and
WHEREAS, Article VI, Section 22 of the Constitution of West Virginia provides that the current regular session of the Legislature shall not exceed sixty calendar days computed from and including the second Wednesday of January; and
WHEREAS, Pursuant to Article VI, Section 22 of the Constitution of West Virginia, the 2008 regular session of the Legislature concludes on the eighth day of March, two thousand eight, at midnight; and
WHEREAS, Article VI, Section 51 of the Constitution of West Virginia sets forth the legal authority of the Governor and the Legislature relating to the preparation and enactment of the Budget Bill; and
WHEREAS, Subsection D, Article VI, Section 51 of the Constitution of West Virginia requires the Governor to issue a proclamation to extend the regular session of the Legislature if the Budget Bill shall not have been fully acted upon by the Legislature three days before the expiration of its regular session.
NOW, THEREFORE, I, JOE MANCHIN III, GOVERNOR of the State of West Virginia, do hereby issue this Proclamation, in accordance with Article VI, Section 51, Subsection D(8) of the Constitution of West Virginia, to extend this regular session of the Legislature for consideration of the Budget Bill for an additional period not to exceed three days; but no matters other than the Budget Bill shall be considered during this extension of the session, except a provision for the cost thereof.
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Great Seal of the State of West Virginia to be affixed.

DONE at the Capitol in the City of Charleston, State of West Virginia, on this the fifth day of March, in the year of our Lord, Two Thousand Eight, and in the One Hundred Forty-Fifth year of the State.

JOE MANCHIN III,
Governor.

By the Governor:

BETTY IRELAND,

Secretary of State.

Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had placed consideration of Engrossed Committee Substitute for House Bill No. 3056, Engrossed Committee Substitute for House Bill No. 3065, Engrossed House Bill No. 4072, Engrossed House Bill No. 4073, Engrossed House Bill No. 4085, Engrossed Committee Substitute for House Bill No. 4144, Engrossed Committee Substitute for House Bill No. 4255, Engrossed Committee Substitute for House Bill No. 4368, Engrossed House Bill No. 4388, Engrossed Committee Substitute for House Bill No. 4423, Engrossed Committee Substitute for House Bill No. 4494, Engrossed Committee Substitute for House Bill No. 4511, Engrossed Committee Substitute for House Bill No. 4607, Engrossed Committee Substitute for House Bill No. 4624 and Engrossed House Bill No. 4628 preceding consideration of all other bills on today's second reading calendar.
The Senate proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 3056, Authorizing pharmacists to administer immunizations.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk:
By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 5. PHARMACISTS, PHARMACY TECHNICIANS, PHARMACY INTERNS AND PHARMACIES.

§30-5-30. Administration of immunizations.
(a) A pharmacist licensed under the provisions of this article and meeting the requirements of this section may administer immunizations for the following to any person eighteen years of age or older: Influenza and Pneumonia.
(b) The Board of Pharmacy with the advice of the Board of Medicine and the Board of Osteopathy shall propose rules for legislative approval in accordance with the provisions of article three, chapter twenty-nine-a of this code to effectuate the provisions of this section. These rules shall provide, at a minimum, for the following:
(1) Establishment of a course, or provide a list of approved courses, in immunization administration. The courses must be based on the standards established for such courses by the Centers for Disease Control and Prevention in the public health service of the United States Department of Health and Human Services;
(2) Definitive treatment guidelines which shall include, but not be limited to, appropriate observation for an adverse reaction of an individual following an immunization;
(3) Prior to administration of immunizations, a pharmacist shall have completed a board approved immunization administration course and completed an American Red Cross or American Heart Association basic life-support training, and maintain certification in the same.
(4) Continuing education requirements for this area of practice;
(5) Reporting requirements for pharmacists administering immunizations to report to the primary care physician or other licensed health care provider as identified by the person receiving the immunization;
(6) Reporting requirements for pharmacists administering immunizations to report to the West Virginia Statewide Immunization Information (WVSII);
(7) That a pharmacist may not delegate the authority to administer immunizations to any other person; and
(8) Any other provisions necessary to implement the provisions of this section.
(c) The Board of Pharmacy, the Board of Medicine and the Board of Osteopathy may propose joint rules for legislative approval in accordance with the provisions of article three, chapter twenty- nine-a of this code to permit pharmacists licensed under the provisions of this article to administer other immunizations such as Hepatitis A, Hepatitis B, Herpes Zoster and Tetanus.
On motion of Senator Prezioso, the following amendment to the Health and Human Resources committee amendment to the bill (Eng. Com. Sub. for H. B. No. 3056) was reported by the Clerk and adopted:
On page three, section thirty, line three, after the word "Tetanus." by adding the following: These rules, if promulgated, shall provide at a minimum the same provisions contained in subsections (b)(1) through (b)(8) of this section.
The question now being on the adoption of the Health and Human Resources committee amendment to the bill, as amended, the same was put and prevailed.
The bill (Eng. Com. Sub. for H. B. No. 3056), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3056) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 3056) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 3065, Relating to making false reports of child abuse, sexual abuse and domestic violence.
On second reading, coming up out of 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:
By striking out everything after the enacting section and inserting in lieu thereof the following:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 9. CUSTODY OF CHILDREN.
Part 2 - Parenting Plans
§48-9-209. Parenting plan; limiting factors.
(a) If either of the parents so requests, or upon receipt of credible information thereof, the court shall determine whether a parent who would otherwise be allocated responsibility under a parenting plan:
(1) Has abused, neglected or abandoned a child, as defined by state law;
(2) Has sexually assaulted or sexually abused a child as those terms are defined in articles eight-b and eight-d, chapter sixty-one of this code;
(3) Has committed domestic violence, as defined in section 27-202;
(4) Has interfered persistently with the other parent's access to the child, except in the case of actions taken for the purpose of protecting the safety of the child or the interfering parent or another family member, pending adjudication of the facts underlying that belief; or
(5) Has repeatedly made fraudulent reports of domestic violence or child abuse.
(b) If a parent is found to have engaged in any activity specified by subsection (a) of this section, the court shall impose limits that are reasonably calculated to protect the child or child's parent from harm. The limitations that the court shall consider include, but are not limited to:
(1) An adjustment of the custodial responsibility of the parents, including but not limited to:
(A) Increased parenting time with the child to make up for any parenting time the other parent lost as a result of the proscribed activity;
(B) An additional allocation of parenting time in order to repair any adverse effect upon the relationship between the child and the other parent resulting from the proscribed activity; or
(C) The allocation of exclusive custodial responsibility to one of them;
(2) Supervision of the custodial time between a parent and the child;
(3) Exchange of the child between parents through an intermediary, or in a protected setting;
(4) Restraints on the parent from communication with or proximity to the other parent or the child;
(5) A requirement that the parent abstain from possession or consumption of alcohol or nonprescribed drugs while exercising custodial responsibility and in the twenty-four hour period immediately preceding such exercise;
(6) Denial of overnight custodial responsibility;
(7) Restrictions on the presence of specific persons while the parent is with the child;
(8) A requirement that the parent post a bond to secure return of the child following a period in which the parent is exercising custodial responsibility or to secure other performance required by the court;
(9) A requirement that the parent complete a program of intervention for perpetrators of domestic violence, for drug or alcohol abuse, or a program designed to correct another factor; or
(10) Any other constraints or conditions that the court deems necessary to provide for the safety of the child, a child's parent or any person whose safety immediately affects the child's welfare.
(c) If a parent is found to have engaged in any activity specified in subsection (a) of this section, the court may not allocate custodial responsibility or decision-making responsibility to that parent without making special written findings that the child and other parent can be adequately protected from harm by such limits as it may impose under subsection (b) of this section. The parent found to have engaged in the behavior specified in subsection (a) of this section has the burden of proving that an allocation of custodial responsibility or decision-making responsibility to that parent will not endanger the child or the other parent.
(d) If the court determines, based on the investigation described in part three of this article or other evidence presented to it, that an accusation of child abuse or neglect, or domestic violence made during a child custody proceeding is false and the parent making the accusation knew it to be false at the time the accusation was made, the court may order reimbursement to be paid by the person making the accusations of costs resulting from defending against the accusations. Such reimbursement may not exceed the actual reasonable costs incurred by the accused party as a result of defending against the accusation and reasonable attorney's fees incurred.
(e) (1) A parent who believes he or she is the subject of activities by the other parent described in subdivision (5) of subsection (a), may move the court pursuant to subdivision (4), subsection (b), section one, article seven, chapter forty-nine of this code for the Department of Health and Human Resources to disclose whether the other parent was the source of the allegation and, if so, whether the Department found the report to be:
(A) Substantiated;
(B) Unsubstantiated;
(C) Inconclusive; or
(D) Still under investigation.
(2) If the court grants a motion pursuant to this subsection, disclosure by the Department of Health and Human Resources shall be in camera. The court may disclose to the parties information received from the Department only if it has reason to believe a parent knowingly made a false report.
Part 3 - Fact Finding.
§48-9-301a. Child abuse allegations.
(a) If allegations of child abuse are made during a child custody proceeding and the court has concerns regarding the child's safety, the court may take any reasonable, temporary steps as the court, in its discretion, deems appropriate under the circumstances to protect the child's safety until an investigation can be completed. Nothing in this subsection shall affect the applicability of sections two and nine of article six-A, chapter forty-nine of this Code.
(b) If allegations of child abuse are made during a child custody proceeding, the court may request that the local child protective service conduct an investigation of the allegations pursuant to article six-A, chapter forty-nine of this Code. Upon completion of the investigation, the agency shall report its findings to the court.
CHAPTER 61. CRIMES AND THEIR PUNISHMENT
ARTICLE 6. CRIMES AGAINST THE PEACE
§61-6-25. Falsely reporting child abuse.
(a)Any person who knowingly and intentionally reports or causes to be reported to a law enforcement officer, child protective service worker or judicial officer that another has committed child sexual abuse, child abuse or neglect as such are defined in section three, article one, chapter forty-nine of this code who when doing so knows or has reason to know such accusation is false and who does it with the intent to influence a child custody decision shall be guilty of a misdemeanor, and, upon conviction, shall be fined not more than one thousand dollars, sentenced to not more than sixty hours of court-approved community service, or both.
(b) In addition to any other sanctions imposed by the provisions of this section, any person convicted of a violation of this section shall be required to attend and complete a court- approved parenting class.
The bill (Eng. Com. Sub. for H. B. No. 3065), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 3065) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 3065) 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. 3065--A Bill to amend and reenact §48-9-209 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §48- 9-301a; and to amend said code by adding thereto a new section, designated §61-6-25, all relating false allegations of child abuse and/or neglect; relief from false allegations on allocation of custodial responsibility under a parenting plan; imposition of reasonable costs and reasonable attorney's fees for defending against false allegations; request for disclosure of source of allegations by Department of Health and Human Resources; investigation of allegations of child sexual abuse by family courts; and new misdemeanor offense for falsely reporting child abuse.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 3065) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4072, Clarifying that the Board of Registration for Professional Engineers is subject to a regulatory board review.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 13. ENGINEERS.

§30-13-25. Required regulatory board review.

The Board of Registration for Professional Engineers is subject to a regulatory board review, as required in the provisions of article ten, chapter four of this code.
The bill (Eng. H. B. No. 4072), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4072) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4072) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. House Bill No. 4072--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-13-25, relating to regulatory board review of the Board of Registration for Professional Engineers.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4073, Clarifying that the Board of Examinations in Counseling is subject to a regulatory board review.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 31. LICENSED PROFESSIONAL COUNSELORS.
§30-31-15. Required regulatory board review.
The West Virginia Board of Examiners in Counseling is subject to a regulatory board review, as required in the provisions of article ten, chapter four of this code.
The bill (Eng. H. B. No. 4073), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4073) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4073) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4085, Relating to regulatory review of the West Virginia Acupuncture Board.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 36. ACUPUNCTURISTS.
§30-36-20. Required regulatory board review.
The West Virginia Acupuncture Board is subject to a regulatory board review, as required in the provisions of article ten, chapter four of this code.
The bill (Eng. H. B. No. 4085), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4085) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: Boley--1.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4085) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4144, Relating to physician assistants and updating language to conform to national changes.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Health and Human Resources, was reported by the Clerk and adopted:
On page nine, section sixteen, line one hundred twenty-four, by striking out the words "National Board of Medical Examiners on behalf of the".
The bill (Eng. Com. Sub. for H. B. No. 4144), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4144) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4144) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4255, Authorizing the Department of Commerce to promulgate legislative rules.
On second reading, coming up out of 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:
By striking out everything after the enacting section and inserting in lieu thereof the following:

ARTICLE 10. AUTHORIZATION FOR BUREAU OF COMMERCE TO PROMULGATE LEGISLATIVE RULES.

§64-10-1. Division of Labor.
(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 seven, article three, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the Division of Labor (steam boiler inspection, 42 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 three, article one-b, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the Division of Labor (verifying the legal employment status of workers, 42 CSR 31), is authorized with the following amendment:
On page one, subsection 3.8., after the word "employer", by striking out the words "as defined in this rule";
On page two, section 4, by striking out the subsection designation "4.1.";
On page two, section 4 by striking out subsection 4.2 in its entirety;
On page two, subsection 5.1., by striking out the word "have" and inserting in lieu thereof the word "maintain";
On page three, subsection 6.5., by striking out subdivision 6.5.a. in its entirety and by striking out the subdivision designation "b.";
On page three, subsection 6.6. by striking out the subdivision designation "a." and by striking out subdivision 6.6.b. in its entirety;
On pages three and four, by striking out subsection 7.1. in its entirety and inserting in lieu thereof the following:
"7.1. The Commissioner may ask the Bureau of Employment programs, the Division of Motor Vehicles or any other state agency for assistance in confirming the validity of an employee's legal status or authorization to work.";
And,
On page four, by striking out section 8 in its entirety.
(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 fourteen, chapter twenty-one of this code, modified by the Division of Labor to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the seventh day of December, two thousand seven, relating to the Division of Labor (supervision of plumbing work, 42 CSR 32), is authorized with the following amendment:
On page two, subsection 7.2, at the beginning of the first sentence in the subsection, by inserting the words "Subject to the provisions of subsection 6.2 of this rule,";
On page three, subsection 8.1, at the end of the subsection, by inserting the words: "The Commissioner may, on his or her own motion, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee. The Commissioner shall, upon the written complaint of any person, conduct an investigation to determine whether there are any grounds for disciplinary action against a licensee. The Commissioner may provide a form for this purpose, but a complaint may be filed in any form. The Commissioner shall provide a copy of the complaint to the licensee.";
On page four, section 9, by striking out the subsection in its entirety and inserting in lieu thereof a new section 9, to read as follows:
"§42-32-9. Cease and desist orders; penalties; appeals.
9.1The Commissioner may issue a cease and desist order to any person performing or offering to perform plumbing work without a license issued by the Commissioner. Any person continuing to engage in plumbing work after the issuance of a cease and desist order is subject to the penalties set forth in W. Va. Code §21-14- 7.
9.2Any person adversely affected by an action of the Commissioner may appeal the action pursuant to the provisions of W. Va. Code §29A-5."; and
On page four, by renumbering section 12 as section 11.
§64-10-2. Office of Miners' Health, Safety and Training.
The legislative rule filed in the State Register on the twenty-seventh day of July, two thousand seven, authorized under the authority of section five, article seven, chapter twenty-two-a of this code, modified by the Office of Miners' Health, Safety and Training to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fourteenth day of December, two thousand seven, relating to the Office of Miners' Health, Safety and Training (criteria and standards for alternative training programs for apprentice coal mine electricians, 48 CSR 8), is authorized.
§64-10-3. Division of Natural Resources.
(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 twenty-three-a, article two, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of November, two thousand seven, relating to the Division of Natural Resources (commercial whitewater outfitters, 58 CSR 12), is authorized with the following amendments:
On page six, subsection 5.2, by striking out the subsection in its entirety and inserting lieu there of the following language:
"5.2 Fee Amount.
5.2.1. The study and improvement fee is thirty-five cents ($.35) for each customer transported on a commercial whitewater trip in study zones on the Cheat, New, Shenandoah and Tygart Valley Rivers.
5.2.2. The study and improvement fee is seventy cents ($.70) for each customer transported on a commercial whitewater trip in study zones on the Gauley River.
5.2.3. If a commercial whitewater trip exceeds one day in duration, the appropriate fee shall be collected for each day, or part of a day, of the trip."
On page six, by striking out subsection 5.4, including subdivisions 5.41 and 5.4.2, in their entirety, and inserting in lieu thereof the following language:
"5.4. Gauley River Study and Improvement Fee:
5.4.1. For the purpose of improving and promoting the whitewater industry on the Gauley River, one-half of all study and improvement fees collected pursuant to subdivision 5.2.2 of this rule shall be used to stock the Gauley River with trout during the spring and fall seasons of each year to mitigate the loss of fishing opportunities resulting from the additional water volume on the Gauley River. The Whitewater Commission may hire a private contractor to administer the trout stocking program.
5.4.2. The Whitewater Commission shall review the amount of the study and improvement fee collected pursuant to subdivision 5.2.2 of this rule every four years to determine whether the fee is sufficient to assure adequate funding for the trout stocking program."
(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 seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of November, two thousand seven, relating to the Division of Natural Resources (revocation of hunting and fishing licenses, 58 CSR 23), 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 seven, article one, chapter twenty of this code, relating to the Division of Natural Resources (special boating rules, 58 CSR 26), is authorized.
(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 one, chapter twenty of this code, modified by the Division of Natural Resources 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 Division of Natural Resources (conditions upon which oil and gas operators may access state forests, 58 CSR 35), is authorized.
(e) The legislative rule filed in the State Register on the nineteenth day of July, two thousand seven, authorized under the authority of section seven, article one, chapter twenty of this code, modified by the Division of Natural Resources to meet the objections of the Legislative Rule-Making Review Committee and refiled in the State Register on the fifth day of November, two thousand seven, relating to the Division of Natural Resources (wildlife scientific collection permits, 58 CSR 42), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4255), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4255) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4255) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4255) 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. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties for chronically disruptive students.
On second reading, coming up out of regular order, was read a second time.
On motion of Senator Plymale, the following amendments to the bill were reported by the Clerk, considered simultaneously, and adopted:
On page six, section two, after line eighty-six, by inserting two new subdivisions, designated subdivisions (1) and (2), to read as follows:
(1) The school improvement council shall schedule any meeting that involves the issue of student discipline pursuant to subdivision (2), subsection (l) of this section, outside the regularly scheduled working hours of any school employee member of the council.
(2) The school improvement council annually shall conduct a meeting to engage parents, students, school employees and other interested parties in a positive and interactive dialogue regarding effective discipline policies. The meeting shall afford ample time for the dialogue and comply with any applicable provision of state, federal or county board policy, rule or law, as appropriate, regarding student privacy rights.;
On page fourteen, section one, line thirty-nine, after the word "classroom" by striking out the comma and the words "the school";
On page fourteen, section one, line forty-three, after the word "classroom" by striking out the comma and the words "the school";
And,
On page fifteen, section one, line fifty-six, after the word "or" by inserting the words "expand its capacity for alternative".
The bill (Eng. Com. Sub. for H. B. No. 4368), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4368) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4368) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4388, Authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database.
On second reading, coming up out of 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:
On page three, section twenty-one, after line seventeen, by adding a new subsection, designated subsection (d), to read as follows:
(d) The contents of the database authorized by the provisions of this section shall be used soley for law-enforcement purposes and shall not be subject to disclosure pursuant to the provisions of article nine, chapter twenty-nine b of this code.
The bill (Eng. H. B. No. 4388), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4388) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4388) passed.
The following amendment to the title of the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4388--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section designated §51-1-21, relating to authorizing the West Virginia Supreme Court of Appeals to maintain a domestic violence database; and exempting database information from the Freedom of Information Act.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. H. B. No. 4388) 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. 4423, Ensuring that beer kegs are not considered scrap metal unless received directly from a beer manufacturer.
On second reading, coming up out of 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:
On page five, section forty-nine, lines sixty through sixty- two, by striking out the words "or the seller provides a receipt of purchase or other proof of lawful ownership".
The bill (Eng. Com. Sub. for H. B. No. 4423), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4423) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4423) 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. 4423--A Bill to amend and reenact §61-3-49 of the Code of West Virginia, 1931, as amended, relating to providing that beer kegs are not considered scrap metal unless the purchaser received the keg or keg parts directly from a beer manufacturer or its authorized representative.
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. 4494, Relating to the regulation of the practice of accountancy.
On second reading, coming up out of regular order, was read a second time.
The following amendments to the bill, from the Committee on Government Organization, were reported by the Clerk, considered simultaneously, and adopted:
On page eight, section two, line one hundred eleven, by striking out the word "comprising" and inserting in lieu thereof the words "consisting of";
On page eleven, section two, after line one hundred sixty- eight, by inserting a new subdivision, designated subdivision (31), to read as follows:
(31) "Principal place of business" means the licensee's office location in the state where the licensee holds a certificate or registration.;
On page eleven, section two, line one hundred sixty-nine, by striking out "(31)" and inserting in lieu thereof "(32)";
On page eleven, section two, line one hundred seventy-two, after the word "to" by inserting a comma;
On page twelve, section two, lines one hundred seventy-four through one hundred seventy-six, by striking out all of subdivision (32);
On page thirteen, section two, line two hundred ten, after the word "state" by inserting a comma;
On page fourteen, section two, line two hundred thirteen, after the word "means" by striking out the word "the";
On page nineteen, section sixteen, line fifty-nine, after the word "to" by inserting the word "the";
On page twenty-one, section sixteen, line ninety-six, by striking out the words "this subsection" and inserting in lieu thereof the words "subsection (e) of this section";
On page twenty-one, section sixteen, line ninety-seven, after the word "article" by inserting a comma;
And,
On page thirty-five, section twenty-six, lines one hundred thirty-one and one hundred thirty-two, by striking out the words "No business entity that does not hold a permit or is not" and inserting in lieu thereof the words "Only a business entity that holds a permit or is".
The bill (Eng. Com. Sub. for H. B. No. 4494), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning ordinance adoption by election or otherwise.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that said code be amended by adding thereto a new section, designated §8A-7-8a, all to read as follows:
ARTICLE 7. ZONING ORDINANCE.
§8A-7-7. Election on a zoning ordinance.
(a) The governing body of a municipality or a county may submit a proposed zoning ordinance for approval or rejection at any primary election, general election or special election, to the qualified voters residing:
(1) Within the entire jurisdiction of the governing body, if the proposed zoning ordinance is for the entire jurisdiction; or
(2) In the specific area to be zoned by the proposed zoning ordinance, if the proposed zoning ordinance only applies to part of the governing body's jurisdiction.
(b) The election laws of this state apply to any election on a proposed zoning ordinance.
(c) If a petition for an election on a zoning ordinance is filed with the clerk of a governing body within ninety days after the enactment of a zoning ordinance by a governing body without an election, then a zoning ordinance does not take effect until an election is held and a majority of the voters approves it. At least ~~fifteen~~ ten percent of the total eligible voters in the area to be affected by the proposed zoning ordinance must sign, in their own handwriting, the petition for an election on a zoning ordinance.
(d) Notice for an election on a proposed zoning ordinance must be published in a local newspaper of general circulation in the area affected by the proposed zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) The ballots for an election on a zoning ordinance shall have the following:

/ / For Zoning

/ / Against Zoning

(f) The zoning ordinance is adopted if it is approved by a majority of the voters and is effective on the date the results of an election are declared. If a zoning ordinance is rejected, the zoning ordinance does not take effect. The governing body may submit the zoning ordinance to the voters again at the next primary or general election.

§8A-7-8. Amendments to the zoning ordinance by the governing body.

~~(a) After the enactment of the zoning ordinance, the governing body of the municipality or the county may amend the zoning ordinance without holding an election.~~
~~(b)~~ (a) Before amending the zoning ordinance, the governing body with the advice of the planning commission, must find that the amendment is consistent with the adopted comprehensive plan. If the amendment is inconsistent, then the governing body with the advice of the planning commission, must find that there have been major changes of an economic, physical or social nature within the area involved which were not anticipated when the comprehensive plan was adopted and those changes have substantially altered the basic characteristics of the area.
(b) When a proposed amendment to the zoning ordinance involves a change in the zoning map classification of any parcel of land, or a change to the applicable zoning ordinance text regulations that changes the allowed dwelling unit density of any parcel of land, the governing body shall, at least thirty days prior to the enactment of the proposed amendment if there is not an election, or at least thirty days prior to an election on the proposed amendment to the zoning ordinance:
(1) Give written notice by certified mail to the landowner(s) whose property is directly involved in the proposed amendment to the zoning ordinance; and
(2) Publish notice of the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.

§8A-7-8a. Requirements for adopting an amendment to the zoning ordinance.

(a) After the enactment of the zoning ordinance, the governing body of the municipality may amend the zoning ordinance in accordance with section eight of this article, without holding an election.
(b) After the enactment of the zoning ordinance, the governing body of the county may amend the zoning ordinance in accordance with section eight of this article, as follows:
(1) Without holding an election;
(2) Holding an election on the proposed amendment; or
(3) Holding an election on the proposed amendment pursuant to a petition.
(c) If the governing body of the county chooses to hold an election on the proposed amendment, then it must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary, general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(d) The governing body of a county must hold an election on an amendment to a zoning ordinance if a petition, signed by at least ten percent of the eligible voters in the area to which the zoning ordinance applies, is filed:
(1) With the governing body of the county prior to enactment of an amendment to a zoning ordinance; or
(2) After the enactment of an amendment to a zoning ordinance without an election, if the petition for an election on the amendment to a zoning ordinance is filed with the governing body of the county within ninety days.
(e) The governing body of the county holding an election on the proposed amendment pursuant to a petition must:
(1) Publish notice of the election and the proposed amendment to the zoning ordinance in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code; and
(2) Hold an election on the question of adopting or rejecting the proposed amendment to the zoning ordinance at any primary, general or special election for the qualified voters residing in:
(A) The entire jurisdiction of the county, if the zoning ordinance applies to the entire county; or
(B) The specific area to which the zoning ordinance applies, if the zoning ordinance only applies to a part of the county.
(f) If an election is held, then the proposed amendment to the zoning ordinance does not take effect until a majority of the voters approve it.
(g) If an election is held and the proposed amendment to the zoning ordinance is rejected, then the proposed amendment does not take effect. The governing body of the county may re-submit the proposed amendment to the zoning ordinance to the voters at another election.
(h) A special election may be held upon written request to the governing body of the county.
(i) The election laws of this state apply to any election on a proposed amendment to a zoning ordinance.
§8A-7-13. Process to replace nontraditional zoning ordinance.
(a) A governing body that has adopted or enacted a nontraditional zoning ordinance may replace the nontraditional zoning ordinance with a zoning ordinance. A nontraditional zoning ordinance may be replaced with a zoning ordinance by:
(1) The governing body; or
(2) A petition by the voters in the affected area. If the voters petition to replace the nontraditional zoning ordinance with a zoning ordinance, then the provisions of this section and this chapter shall be followed.
(b) At least ~~fifteen~~ ten percent of the total eligible voters in the affected area may petition the governing body to replace the nontraditional zoning ordinance with a zoning ordinance. The petition must include:
(1) The governing body's name to which the petition is addressed;
(2) The reason for the petition, including:
(A) Replacing the nontraditional zoning ordinance with a zoning ordinance; and
(B) That the question of replacing the nontraditional zoning ordinance with a new zoning ordinance be put to the voters of the affected area; and
(3) Signatures in ink or permanent marker.
(c) Each person signing the petition must be a registered voter in the affected area and in the governing body's jurisdiction. The petition must be delivered to the clerk of the affected governing body. There are no time constraints on the petition.
(d) Upon receipt of the petition with the required number of qualifying signatures, the governing body shall place the question on the next special, primary or general election ballot. Notice for an election on replacing a zoning ordinance must be published in a local newspaper of general circulation in the area affected by the nontraditional zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code.
(e) The ballots for an election on replacing a zoning ordinance shall have the following:
"Shall __________ (name of governing body) replace _________ (name of commonly known nontraditional zoning ordinance) with a zoning ordinance?
___ Yes

___ No"

(f) Upon a majority vote of the voters voting in favor of replacing a non-traditional zoning ordinance with a zoning ordinance, the governing body shall immediately begin the process of adopting and enacting a zoning ordinance, in accordance with the provisions of chapter eight-a of this code. The governing body has a maximum of three years from the date of the election to adopt a zoning ordinance.
(g) The governing body may amend its nontraditional zoning ordinance during the process of adopting and enacting a zoning ordinance.
(h) If a majority of the voters reject replacing the nontraditional zoning ordinance with a zoning ordinance, the affected voters may not petition for a vote on the issue for at least two years from the date of the election.
(i) Nothing in this section shall prevent a governing body from amending its zoning ordinance in accordance with this chapter.
(j) If a governing body chooses to replace a nontraditional zoning ordinance with a traditional zoning ordinance without holding an election, a petition, signed by at least ten percent of the eligible voters who reside in the area affected by the zoning ordinance, for an election on the question of adopting a traditional zoning ordinance may be filed with the governing body within ninety days after the enactment of the traditional zoning ordinance by the governing body. If a petition is timely filed, then the traditional zoning ordinance does not take effect until:
(1) Notice of the election and the zoning ordinance is published in a local newspaper of general circulation in the area affected by the zoning ordinance, as a Class II-0 legal advertisement, in accordance with the provisions of article three, chapter fifty-nine of this code;
(2) An election is held; and
(3) A majority of the voters approve it.
The bill (Eng. Com. Sub. for H. B. No. 4511), as amended, was then ordered to third 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, Boley, Bowman, Chafin, Edgell, Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Wells, White and Tomblin (Mr. President)--28.
The nays were: Caruth, Deem, Unger and Yoder--4.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4511) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4511) passed.
The following amendment to the title of the bill, from the Committee on Government Organization, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4511--A Bill to amend and reenact §8A-7-7, §8A-7-8 and §8A-7-13 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §8A-7-8a, all relating to zoning ordinances; reducing the threshold for triggering a zoning ordinance election by petition; setting forth procedures for amending a zoning ordinance; requirements for adopting an amendment to a zoning ordinance; requiring specific notice requirements to affected owners of affected parcels when a proposed zoning ordinance modification would change the zoning classification of a parcel of land; clarifying the relevant notice and adoption procedures as they pertain to adoption or modification of a nontraditional zoning ordinance.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4511) 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. 4607, Relating to special district excise tax authorization.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §8-13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B- 6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8-13B-14, §8-13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West Virginia, 1931, as amended, be repealed; that §7-22-12 of said code be amended and reenacted; and that §8-38-12 of said code be amended and reenacted, all to read as follows:
CHAPTER 7. COUNTY COMMISSIONS AND OFFICERS.
ARTICLE 22. COUNTY ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§7-22-12. Special district excise tax authorized.
(a) General. -- The county commission of a county, authorized by the Legislature to levy a special district excise tax for the benefit of an economic opportunity development district, may, by order entered of record, impose that tax on the privilege of selling tangible personal property and rendering select services in the district in accordance with this section.
(b) Tax base. -- The base of a special district excise tax imposed pursuant to this section shall be identical to the base of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district. ~~Provided,~~ ~~That~~ Sales of gasoline and special fuel are not subject to special district excise tax but remain subject to the tax levied by article fifteen, chapter eleven of this code. Except for the exemption provided in section nine-f of said article, all exemptions and exceptions from the consumers sales and service tax shall also apply to the special district excise tax. ~~and sales of gasoline and special fuel shall not be subject to special district excise tax but shall remain subject to the tax levied by said article.~~
(c) Tax rate. -- The rate or rates of a special district excise tax levied pursuant to this section shall be stated in an order entered of record by the county commission and equal to the general rate of tax on each dollar of gross proceeds from sales of tangible personal property and services subject to the tax levied by section three, article fifteen, chapter eleven of this code. The tax on fractional parts of a dollar shall be levied and collected in conformity with the provision of said section. be identical to the rate or rates of the consumer sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district authorized by this section.
(d) Collection by Tax Commissioner. -- The order of the county commission imposing a special district excise tax shall provide for the tax to be collected by the Tax Commissioner in the same manner as the tax levied by section three, article fifteen, chapter eleven of this code is administered, assessed, collected and enforced.
(1) The Tax Commissioner may require the electronic filing of returns related to the special district excise tax imposed pursuant to this section, and also may require the electronic payment of the special district excise tax imposed pursuant to this section. The Tax Commissioner may prescribe by rules promulgated pursuant to article three, chapter twenty-nine-a of this code, administrative notices, and forms and instructions, the procedures and criteria to be followed to electronically file returns and to electronically pay the special district excise tax imposed pursuant to this section.
(2) Any rules filed by the State Tax Commissioner relating to the special district excise tax imposed pursuant to this section shall set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic payments or both;
(F) Any other provisions necessary to ensure the timely electronic filing of returns related to the special district excise tax and the making of payments electronically of the special district excise tax imposed pursuant to this section.
(3) (A) Notwithstanding the provisions of section five-d, article ten, chapter eleven of this code: (i) So long as bonds are outstanding pursuant to this article, the Tax Commissioner shall provide on a monthly basis to the trustee for bonds issued pursuant to this article information on returns submitted pursuant to this article; and (ii) the trustee may share the information so obtained with the county commission that established the economic opportunity development district that issued the bonds pursuant to this article and with the bondholders and with bond counsel for bonds issued pursuant to this article. The Tax Commissioner and the trustee may enter into a written agreement in order to accomplish the exchange of information.
(B) Any confidential information provided pursuant to this subdivision shall be used solely for the protection and enforcement of the rights and remedies of the bondholders of bonds issued pursuant to this article. Any person or entity that is in possession of information disclosed by the Tax Commissioner or shared by the trustee pursuant to subdivision (a) of this subsection is subject to the provisions of section five-d, article ten, chapter eleven of this code as if that person or entity that is in possession of the tax information is an officer, employee, agent or representative of this state or of a local or municipal governmental entity or other governmental subdivision.
(e) Deposit of net tax collected. --
(1) The order of the county commission imposing a special district excise tax shall provide that the Tax Commissioner deposit the net amount of tax collected in the Special Economic Opportunity Development District Fund to the credit of the county commission's subaccount therein for the economic opportunity development district and that the money in the subaccount may only be used to pay for development expenditures as provided in this article except as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the county commission's subaccount in the Economic Opportunity Development District Fund and shall deposit in the General Revenue Fund of this state, on or before the twentieth day of each calendar month next following the effective date of a special district excise tax, a sum equal to one twelfth of the base tax revenue amount last certified by the development office pursuant to section seven of this article.
(f) Effective date of special district excise tax. -- Any taxes imposed pursuant to the authority of this section shall be effective on the first day of the calendar month that begins sixty days after the date of adoption of an order entered of record imposing the tax or the first day of any later calendar month expressly designated in the order.
(g) Copies of order. -- Upon entry of an order levying a special district excise tax, a certified copy of the order shall be mailed to the State Auditor, as ex officio the chief inspector and supervisor of public offices, the State Treasurer and the Tax Commissioner.
CHAPTER 8. MUNICIPAL CORPORATIONS.
ARTICLE 38. MUNICIPAL ECONOMIC OPPORTUNITY DEVELOPMENT DISTRICTS.
§8-38-12. Special district excise tax authorized.
(a) General. -- The council of a municipality, authorized by the Legislature to levy a special district excise tax for the benefit of an economic opportunity development district, may, by ordinance, impose that tax on the privilege of selling tangible personal property and rendering select services in the district in accordance with this section.
(b) Tax base. -- The base of a special district excise tax imposed pursuant to this section shall be identical to the base of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on sales made and services rendered within the boundaries of the district. ~~Provided,~~ ~~That~~ Sales of gasoline and special fuel are not subject to special district excise tax but remain subject to the tax levied by article fifteen, chapter eleven of this code. Except for the exemption provided in section nine-f of ~~said~~ article fifteen, chapter eleven of this code, all exemptions and exceptions from the consumers sales and service tax shall also apply to the special district excise tax. ~~and sales of gasoline and special fuel shall not be subject to special district excise tax but shall remain subject to the tax levied by said article.~~
(c) Tax rate. -- The rate or rates of a special district excise tax levied pursuant to this section shall be stated in an ordinance enacted by the municipality and ~~equal~~ identical to the ~~general~~ rate or rates of the consumers sales and service tax imposed pursuant to article fifteen, chapter eleven of this code on ~~each dollar of gross proceeds from~~ sales of tangible personal property and services subject to the tax levied by section three, article fifteen, chapter eleven of this code. The tax on fractional parts of a dollar shall be levied and collected in conformity with the provision of said section. rendered within the boundaries of the district authorized by this section.
(d) Collection by Tax Commissioner. -- The ordinance of the municipality imposing a special district excise tax shall provide for the tax to be collected by the Tax Commissioner in the same manner as the tax levied by section three, article fifteen, chapter eleven of this code is administered, assessed, collected and enforced.
(1) The Tax Commissioner may require the electronic filing of returns related to the special district excise tax imposed pursuant to this section, and may require the electronic payment of the special district excise tax imposed pursuant to this section. The Tax Commissioner may prescribe by rules promulgated pursuant to article three, chapter twenty-nine-a of this code, administrative notices, and forms and instructions, the procedures and criteria to be followed to electronically file returns and to electronically pay the special district excise tax imposed pursuant to this section.
(2) Any rules filed by the Tax Commissioner relating to the special district excise tax imposed pursuant to this section shall set forth the following:
(A) Acceptable indicia of timely payment;
(B) Which type of electronic filing method or methods a particular type of taxpayer may or may not use;
(C) What type of electronic payment method or methods a particular type of taxpayer may or may not use;
(D) What, if any, exceptions are allowable, and alternative methods of payment that may be used for any exceptions;
(E) Procedures for making voluntary or mandatory electronic payments or both;
(F) Any other provisions necessary to ensure the timely electronic filing of returns related to the special district excise tax and the making of payments electronically of the special district excise tax imposed pursuant to this section.
(3) (A) Notwithstanding the provisions of section five-d, article ten, chapter eleven of this code: (i) So long as bonds are outstanding pursuant to this article, the Tax Commissioner shall provide on a monthly basis to the trustee for bonds issued pursuant to this article information on returns submitted pursuant to this article; and (ii) the trustee may share the information so obtained with the county commission that established the economic opportunity development district that issued the bonds pursuant to this article and with the bondholders and with bond counsel for bonds issued pursuant to this article. The Tax Commissioner and the trustee may enter into a written agreement in order to accomplish the exchange of information.
(B) Any confidential information provided pursuant to this subdivision shall be used solely for the protection and enforcement of the rights and remedies of the bondholders of bonds issued pursuant to this article. Any person or entity that is in possession of information disclosed by the Tax Commissioner or shared by the trustee pursuant to subdivision (a) of this subsection is subject to the provisions of section five-d, article ten, chapter eleven of this code as if the person or entity that is in possession of the tax information is an officer, employee, agent or representative of this state or of a local or municipal governmental entity or other governmental subdivision.
(e) Deposit of net tax collected. --
(1) The ordinance of the municipality imposing a special district excise tax shall provide that the Tax Commissioner deposit the net amount of tax collected in the Special Economic Opportunity Development District Fund to the credit of the municipality's subaccount therein for the economic opportunity development district and that the money in the subaccount may only be used to pay for development expenditures as provided in this article except as provided in subsection (f) of this section.
(2) The State Treasurer shall withhold from the municipality's subaccount in the Economic Opportunity Development District Fund and shall deposit in the General Revenue Fund of this state, on or before the twentieth day of each calendar month next following the effective date of a special district excise tax, a sum equal to one twelfth of the base tax revenue amount last certified by the development office pursuant to section seven of this article.
(f) Effective date of special district excise tax. -- Any taxes imposed pursuant to the authority of this section shall be effective on the first day of the calendar month that begins at least sixty days after the date of enactment of the ordinance imposing the tax or at any later date expressly designated in the ordinance that begins on the first day of a calendar month.
(g) Copies of ordinance. -- Upon enactment of an ordinance levying a special district excise tax, a certified copy of the ordinance shall be mailed to the State Auditor, as ex officio the chief inspector and supervisor of public offices, the State Treasurer and the Tax Commissioner.
The bill (Eng. Com. Sub. for H. B. No. 4607), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4607) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4607) 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. 4607--A Bill to repeal §8- 13B-1, §8-13B-2, §8-13B-3, §8-13B-4, §8-13B-5, §8-13B-6, §8-13B-7, §8-13B-8, §8-13B-9, §8-13B-10, §8-13B-11, §8-13B-12, §8-13B-13, §8- 13B-14, §8-13B-15, §8-13B-16, §8-13B-17, §8-13B-18, §8-13B-19 and §8-13B-20 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-22-12 of said code; and to amend and reenact §8-38-12 of said code, all relating to special district excise taxes authorized for counties and municipalities; clarifying the rates of the tax; authorizing the Tax Commissioner to require the electronic filing of returns and electronic payment of the tax; providing for the sharing of tax information; and providing confidentiality requirements of shared information.
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. 4624, Providing per diem pay for volunteers who drive veterans to hospitals.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §9A-1-10 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 1. DIVISION OF VETERANS' AFFAIRS.
§9A-1-10. Powers and duties of director.
The director ~~shall be~~ is the executive and administrative head of the division and ~~as such shall have~~ has the power and duty, subject to the provisions of section four ~~hereof~~ of this article, to:
(a) Supervise and put into effect the purposes and provisions of this article and the rules ~~and regulations~~ for the government of the division;
(b) Prescribe methods pertaining to investigations and reinvestigations of all claims and to the rights and interests of all veterans, their widows, dependents and orphans;
(c) Prescribe uniform methods of keeping all records and case records of the veterans, their widows, dependents and orphans;
(d) Sign and execute, in the name of the state by West Virginia Division of Veterans' Affairs, and by and with the consent of the Veterans' Council, any contract or agreement with the federal government or its agencies, other states, subdivisions of this state, corporations, associations, partnerships or individuals;
(e) Supervise the fiscal affairs and responsibilities of the division;
(f) Organize the division to comply with the requirements of this article and with the standards required by any federal act or any federal agency;
(g) Establish ~~such~~ any regional or area offices throughout the state ~~as may be~~ that are necessary to promote efficiency and economy in administration;
(h) Make ~~such~~ reports ~~as will~~ that comply with the requirements of any federal act or federal agency and the provisions of this article;
(i) Cooperate with the federal and state governments for the more effective attainment of the purposes of this article;
(j) Keep a complete and accurate record of all proceedings; record and file all contracts and agreements and assume responsibility for the custody and preservation of all papers and documents pertaining to his or her office and the division;
(k) Prepare for the Veterans' Council the annual reports to the Governor of the condition, operation and functioning of the division;
(l) Exercise any other powers necessary and proper to standardize the work; to expedite the service and business; to assure fair consideration of the rights and interests and claims of veterans, their widows, dependents and orphans; ~~and~~ to provide resources for a program which will promote a greater outreach to veterans and which will advise them of the benefits and services that are available, and to promote the efficiency of the division;
(m) Invoke any legal, equitable or special remedies for the enforcement of his or her orders or the provisions of this article;
(n) Appoint the veterans' affairs officers and heads of divisions of the division, and of regional or area offices, and employ ~~such~~ assistants and employees, ~~as may be~~ including case managers and counselors, that are necessary for the efficient operation of the division; ~~and~~
(o) Provide resources and assistance in the development of an internet website which is to be used to inform veterans of programs and services available to them through the division and the state and federal governments;
~~(o)~~ (p) Delegate to all or any of his or her appointees, assistants or employees all powers and duties vested in the director, except the power to sign and execute contracts and agreements, but the director shall be responsible for the acts of ~~such~~ his or her appointees, assistants and employees.; and
(q) Provide volunteers who will drive or transport veterans to veterans' hospitals from the veteran's home or local veterans' affairs offices and who shall be paid an expense per diem of seventy-five dollars.
The bill (Eng. Com. Sub. for H. B. No. 4624), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4624) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4624) passed.
The following amendment to the title of the bill, from the Committee on Military, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4624--A Bill to amend and reenact §9A-1-10 of the Code of West Virginia, 1931, as amended, relating to describing the powers and duties of the director; providing for the hiring of case managers and counselors; providing for a program to advise veterans of available benefits and services; developing an internet website; and providing an expense per diem for volunteers who drive veterans to hospitals.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 4628, Providing a tax credit for new job creation by certain taxpayers.
On second reading, coming up out of regular order, was read a second time.
The following amendment to the bill, from the Committee on Finance, was reported by the Clerk and adopted:
By striking out everything after the enacting section and inserting in lieu thereof the following:
ARTICLE 13Q. ECONOMIC OPPORTUNITY TAX CREDIT.

§11-13Q-22. Credit available for taxpayers which do not satisfy the new jobs percentage requirement.

(a) Notwithstanding any provision of this article to the contrary, a taxpayer engaged in one or more of the industries or business activities specified in section nineteen of this article which does not satisfy the new jobs percentage requirement prescribed in subsection (c), section nine, of this article, or if the taxpayer is a small business as defined in section ten of this article, does not create at least ten new jobs within twelve months after placing qualified investment into service as required by section ten of this article, but which otherwise fulfills the requirements prescribed in this article, is permitted to claim a credit against the taxes specified in section seven of this article in the order so specified that are attributable to and the consequence of the taxpayer's business operations in this state, which result in the creation of net new jobs. Credit under this section is allowed in the amount of three thousand dollars per year, per new job created and filled by a new employee; as those terms are defined in section three of this article for a period of five consecutive years beginning in the tax year when the new employee is first hired. In no case may the number of new employees determined for purposes of this section exceed the total net increase in the taxpayer's employment in this state. Credit allowed under this section shall be allowed beginning in the tax year when the new employee is first hired: Provided, That each new job:
(1) Pays at least thirty-two thousand dollars annually;
(2) Provides health insurance and may offer benefits including child care, retirement or other benefits; and
(3) Is a full-time, permanent position, as those terms are defined in section three, of this article.
Jobs that pay less than thirty-two thousand dollars annually, or that pay that salary but do not also provide benefits in addition to the salary, do not qualify for the credit authorized by this section. Jobs that are less than full-time, permanent positions do not qualify for the credit authorized by this section.
(b) Unused credit remaining in any tax year after application against the taxes specified in section seven of this article is forfeited and does not carry forward to any succeeding tax year and does not carry back to a prior tax year.
(c) The tax credit authorized by this section may be taken in addition to any credits allowable under articles thirteen-c, thirteen-d, thirteen-e, thirteen-f, thirteen-g, thirteen-j, thirteen-r or thirteen-s of this chapter.
(d) Reduction in number of employees credit forfeiture -- If during the year when a new job was created for which credit was granted under this section or during any of the next succeeding four tax years thereafter, net jobs that are attributable to and the consequence of the taxpayer's business operations in this state, decrease, counting both new jobs for which credit was granted under this section and preexisting jobs, then the total amount of credit to which the taxpayer is entitled under this section shall be decreased and forfeited in the amount of three thousand dollars for each net job lost.
The bill (Eng. H. B. No. 4628), as amended, was then ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. H. B. No. 4628) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4628) passed with its title.
Senator Chafin moved that the bill take effect January 1, 2009.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. H. B. No. 4628) takes effect January 1, 2009.
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. 4079, Relating to Professional Employer Organizations.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Sprouse, 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. 4082, Relating to the Public Employees Retirement System.
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. 4120, Prohibiting inclusion of specific dollar amounts or figures related to damages in complaints for personal injury or wrongful death actions.
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. 4304, Revised Anatomical Gift Act.
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. 4344, Relating to the criminal offense of cruelty to animals.
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. 4421, Repealing the corporate license tax, and creating corporate license tax replacement fees.
On second reading, coming up in regular order, was read a second time and ordered to third 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, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No. 4421) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4421) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2008.
On this question, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes 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. 4421) takes effect July 1, 2008.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in fire protection work.
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. 4570, Authorizing regional jail employees to carry a firearm after receiving appropriate certification.
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. 4613, Increasing protection to beneficiaries of structured settlements as they relate to settlement transfers.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
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 third reading, coming up in deferred order, with the right having been granted on yesterday, Tuesday, March 4, 2008, for amendments to be received on third reading, was again reported by the Clerk.
There being no amendments offered,
Having been engrossed, the bill (Eng. H. B. No. 4141) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, 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)--32.
The nays were: None.
Absent: Barnes and Sharpe--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4141) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 4016, Updating meaning of federal adjusted gross income and certain other terms used in West Virginia Personal Income Tax Act.
Eng. House Bill No. 4017, Updating meaning of federal taxable income and certain other terms used in West Virginia Corporation Net Income Tax Act.
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.
Eng. Com. Sub. for House Bill No. 4389, Removing requirement that resident violators of traffic laws be required to sign citations.
And,
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.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 150, Budget bill.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 150 (originating in the Committee on Finance)--A Bill making appropriations of public money out of the Treasury in accordance with section fifty-one, article VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 150) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Tomblin (Mr. President), from the Committee on Rules, submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 57, Requesting Joint Committee on Government and Finance study oil and gas wells.
House Concurrent Resolution No. 17, Requesting the Joint Committee on Government and Finance to study the recruitment, retention and value of volunteer firefighters in the State of West Virginia.
And,
House Concurrent Resolution No. 52, Requesting that the Joint Committee on Government and Finance authorize the study of the creation of a new retirement system for correctional officers.
And reports the same back with the recommendation that 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. 71, Requesting Division of Highways name bridge in Grafton, Taylor County, "Floyd 'Scotty' Hamilton: First WVU All American Basketball Player Memorial Bridge".
Senate Concurrent Resolution No. 72, Requesting Division of Highways name bridge in Grafton, Taylor County, "Clair Bee: Basketball Coach and Author Memorial Bridge".
And,
Senate Concurrent Resolution No. 76, Requesting Division of Highways place sign at Fayetteville, Fayette County, "Coolest Small Town".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 3201, Authorizing the tax commissioner to refuse, revoke, suspend or refuse to renew a business registration certificate for a business that is the alter ego, nominee or instrumentality of a business in certain situations.
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. H. B. No. 3201) 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. 4010, Removing the limitation on terms for members on the board of library directors.
And,
Eng. Com. Sub. for House Bill No. 4036, Granting the board of Respiratory Care Practitioners rulemaking authority and the issuance of temporary permits to students.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4010 and 4036) contained in the preceding report from the Committee on Government Organization were each 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. House Bill No. 4078, Relating to the termination of the Blennerhassett Island Historical State Park Commission.
And has amended same.
Eng. Com. Sub. for House Bill No. 4156, Permitting a governing body of a municipality to place a lien on property in an amount equal to the demolition and removal of a hazardous structure.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4386, Authorizing municipalities to create an annual vacant property registration.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. H. B. No. 4078, Eng. Com. Sub. for H. B. No. 4156 and Eng. Com. Sub. for H. B. No. 4386) contained in the preceding report from the Committee on Government Organization 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. Com. Sub. for House Bill No. 4088, Allowing farm equipment dealers to calculate their inventory based on an average of their yearly sales.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4139, Relating to licensing persons using bioptic telescopic devices to operate a motor vehicle.
And has amended same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 4, 2008;
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4157, Allowing insurers who have been suspended from writing new policies to continue to service existing policies.
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. 4157) 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. 4337, Authorizing the Board of Barbers and Cosmetologists to increase fees for one year.
And,
Eng. Com. Sub. for House Bill No. 4692, Permitting depositories of state, county, municipal and other public moneys to pool securities.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bills (Eng. Com. Sub. for H. B. Nos. 4337 and 4692) 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. Com. Sub. for House Bill No. 4357, Extending the Neighborhood Investment Program Act and eligibility for tax credits under the act.
And,
Eng. Com. Sub. for House Bill No. 4407, Requiring automatic tire chains as standard equipment on all new school buses.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4383, Awarding service revolver upon retirement to state fire marshal.
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,
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 reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4383) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4394, Restoring the licensure exemption for certain contractors of manufactured housing installation.
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. H. B. No. 4394) 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. 4402, Relating to compulsive gambling.
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. 4402) 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 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. 4471, Making certain changes to the West Virginia State Police Retirement System.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4636, Making changes to workers' compensation insurance.
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. 4636) 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. 4664, Clarifying the purpose of the Purchasing Division.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4664) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
House Concurrent Resolution No. 12, Designating Megalonyx Jeffersonnii as the official state fossil.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
House Concurrent Resolution No. 29, Designating an adaptation of "West Virginia Shawl" as the Official Tartan of the State of est Virginia.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Sharpe and Barnes.
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, Thursday, March 6, 2008, at 11 a.m.
____________