Charleston, W. Va., Monday, February 18, 2008
The Senate met at 11 a.m.Reverend Mark Houser, Associate Pastor, Landmark Baptist
Church, Elkins, West Virginia, proceeded in the singing of "God
Bless the U. S. A."Pending the reading of the Journal of Friday, February 15,
2008,On motion of Senator Plymale, 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 ofEng. Senate Bill No. 257, Repealing outdated penitentiary code
provisions.A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. Com. Sub. for House Bill No. 4389--A Bill to amend and
reenact § 17C-19-3 of the Code of West Virginia, 1931, as amended,
relating to removing the requirement that resident violators of
certain traffic laws be required to sign citations or notices to
appear in court as written promises to appear in court as a
condition of release from custody.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 4464--A Bill to amend and reenact §31B-10-
1003 of the Code of West Virginia, 1931, as amended; to amend and
reenact §31D-15-1501 of said code; and to amend and reenact §31E-
14-1401 of said code, all relating to conducting certain activities
that do not constitute conducting affairs or transacting business
within the state.Referred to the Committee on the Judiciary.A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 4465--A Bill to amend and reenact §59-1-2
of the Code of West Virginia, 1931, as amended, relating to fees to
be charged by Secretary of State.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage ofEng. House Bill No. 4513--A Bill to amend and reenact §16-22-3
of the Code of West Virginia, 1931, as amended, relating to the
reimbursement of costs for newborn screenings by designated health
insurers in the state.Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor:February 14, 2008
Senate Executive Message No. 3The Honorable Members of theWest Virginia SenateI am respectfully withdrawing the following appointment from
Senate Executive Message No. 2 dated February 7, 2008:66.For Director of Consumer Advocacy, Insurance Commission,
Dennis V. Garrison III, Fayetteville, Fayette County, to serve at
the will and pleasure of the Governor.This appointment does not require the advice and consent of the Senate.Sincerely, Joe Manchin III, Governor.Which communication was received and referred to the Committee
on Confirmations.The Senate proceeded to the fourth order of business.Senator Oliverio, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 185, Authorizing disclosure of certain records
to National Instant Criminal Background Check System.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 185 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-7-7 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §61-7A-1, §61-7A-2,
§61-7A-3, §61-7A-4 and §61-7A-5, all relating to clarifying mental
conditions which prohibit firearms' possession; definitions;
requiring state registry of persons precluded firearms' possession
due to mental condition; authorizing reporting of information to
national registry; limitations on use of information;
confidentiality; and establishing a procedure for petitioning to
regain right to possess a firearm.
With the recommendation that the committee substitute do pass.Respectfully submitted, Michael A. Oliverio II, Vice Chair.Senator Oliverio, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 535, Modifying certain penalties for DUI.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 535 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §17B-4-3
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17C-5-2 and §17C-5-7 of said code; to amend said code by
adding thereto a new section, designated §17C-5-4a; and to amend
and reenact §17C-5A-1, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said
code, all relating to modifications to administrative and criminal
penalties for driving a motor vehicle under the influence of
alcohol and/or drugs; reducing the administrative sanctions for
driving a vehicle with a lawfully suspended or revoked license;
removing the mandatory 24-hour incarceration for first offense
driving under the influence; deleting a provision criminalizing the
operation of a motor vehicle by habitual drug user; creating an
aggravated offense of driving with a blood alcohol concentration of
fifteen hundredths of one percent or more, by weight; requiring
drivers involved in a motor vehicle crash that results in the death
or serious bodily injury to another person to submit to a chemical test of their blood, breath or urine; permitting participation in
the Motor Vehicle Alcohol Test and Lock Program for first offense
driving under the influence; removing superfluous provisions
related to children operating a motor vehicle under the influence
of alcohol; permitting law-enforcement officers to submit an
affidavit rather than attend the administrative hearing unless
subpoenaed; providing incentives for participation in the Motor
Vehicle Alcohol Test and Lock Program for first offense driving
under the influence; providing enhanced administrative sanctions
for persons operating a motor vehicle with a blood alcohol
concentration of fifteen hundredths of one percent or more, by
weight; making certain technical changes to administrative
procedures; transferring primary authority of the Safety and
Treatment Program to the Department of Health and Human Resources;
providing for removal of the Driver's Rehabilitation Fund from the
jurisdiction of the Division of Motor Vehicles and placing it under
the jurisdiction of the Secretary of the Department of Health and
Human Resources; providing that a person whose driver's license is
revoked for refusing to take a secondary chemical test is not
eligible to reduce the revocation period by completing the safety
and treatment program; removing requirement that victim impact
panels be implemented pursuant to legislative rules; reducing the
minimum period of revocation for participation in the test and lock
program; increasing minimum periods of participation in the
ignition interlock device for aggravating offenses; and denying
participation in the Motor Vehicle Alcohol Test and Lock Program for persons whose driver's license is revoked for driving under the
influence of drugs.With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.Respectfully submitted, Michael A. Oliverio II, Vice Chair.The bill (Com. Sub. for S. B. No. 535), under the original
double committee reference, was then referred to the Committee on
Finance.Senator Oliverio, from the Committee on the Judiciary,
submitted the following report, which was received:Your Committee on the Judiciary has had under considerationSenate Bill No. 590, Protecting health care workers.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 590 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §61-2-10b
of the Code of West Virginia, 1931, as amended, relating to the
protection of health care workers and protective services workers;
establishing enhanced criminal penalties for crimes of violence
against listed persons when they are engaged in official duties;
and defining "health care worker".
With the recommendation that the committee substitute do pass.Respectfully submitted, Michael A. Oliverio II, Vice Chair.Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:Your Committee on Labor has had under consideration
Eng. House Bill No. 4030, Requiring that workplace fatalities
be reported to the Division of Labor.And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.Respectfully submitted, Michael A. Oliverio II, Chair.The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.The Senate proceeded to the sixth order of business.On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:By Senator Bowman:Senate Bill No. 683--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60-2-11a, relating to authorizing the Alcohol Beverage
Control Commissioner and certain employees to have arrest powers;
and authorizing the carrying of a concealed weapon while performing
his or her official duties.Referred to the Committee on the Judiciary.By Senators Barnes and Boley:Senate Bill No. 684--A Bill to amend and reenact §29-25-3 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the State Lottery Commission to require gaming
facilities to issue monthly statements to patrons that list
patrons' gaming winnings and losses.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators McCabe, Helmick, Plymale, Bailey, Prezioso, Love,
Edgell, Unger, Boley, Facemyer, Guills, Sypolt, Minard, McKenzie,
Stollings, Yoder, Jenkins and White:Senate Bill No. 685--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §12-3-21, relating to reaffirming the constitutional
authority of the Legislature to appropriate public moneys;
providing procedures for the disposition and appropriation of
moneys received from certain actions; requiring reports to the
President of the Senate, Speaker of the House of Delegates,
Governor and Secretary of Administration of expenses incurred in
such actions; and requiring notice to the President of the Senate,
Speaker of the House of Delegates, Governor and Secretary of
Administration upon commencement of such actions.Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.By Senators Plymale, McCabe, Bailey, Fanning, Chafin, Minard, Jenkins and White:Senate Bill No. 686--A Bill to amend and reenact §31-15A-7 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §31-15A-7a and §31-
15A-10a, all relating to the West Virginia Infrastructure and Jobs
Development Council; providing for the planning, construction and
expansion of new or existing water, sewer, gas, telecommunication
lines or facilities and other infrastructure concomitant to the
construction of the new roads projects; providing a tax credit for
contributions for planning, construction or expansion of new or
existing water, sewer and telecommunication lines or facilities
concomitant to the construction of the new roads projects; and
providing a tax credit for contributing to the completion of
projects recommended by the council and roads associated with such
projects.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Sypolt:Senate Bill No. 687--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to issue a War on
Terrorism Service Medal license plate displaying the War on
Terrorism Service Medal logo.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.By Senators Stollings, Plymale and Prezioso:Senate Bill No. 688--A Bill to amend and reenact §18-2-25 of
the Code of West Virginia, 1931, as amended, relating to powers of
the state school board to regulate athletic and extracurricular
activities.Referred to the Committee on Education; and then to the
Committee on Finance
.By Senators Kessler, Foster and Minard:Senate Bill No. 689--A Bill to amend and reenact §11A-3-6,
§11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16,
§11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23,
§11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-30,
§11A-3-31 and §11A-3-32 of the Code of West Virginia, 1931, as
amended, all relating to providing for the State Auditor to fulfill
requirements of tax liens on properties sold to individuals.Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.By Senators Wells and Barnes:Senate Bill No. 690--A Bill to amend and reenact §18A-2-12 of
the Code of West Virginia, 1931, as amended, relating to allowing
a teacher to determine what classroom material the teacher posts on
the internet.Referred to the Committee on Education.By Senators Bowman and Kessler:Senate Bill No. 691--A Bill to amend and reenact §30-9-2,
§30-9-8, §30-9-13, §30-9-16, §30-9-17, §30-9-19 and §30-9-26 of the
Code of West Virginia, 1931, as amended, all relating to the regulation of the practice of accountancy.Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.By Senators Oliverio, Prezioso, Minard, Kessler and Unger:Senate Bill No. 692--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
the retirement benefits of certain annuitants under the State
Teachers Retirement System from state income tax.Referred to the Committee on Pensions; and then to the
Committee on Finance
.By Senators Love, Stollings, Hunter and White:Senate Bill No. 693--A Bill to amend and reenact §20-2-27 and
§20-2-28 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §20-2-
42x, all relating to senior resident lifetime hunting, fishing and
trapping license and fee of fifteen dollars; and allowing persons
who are sixty-five years of age before the first day of January,
two thousand nine, to remain exempt from the purchase of the
license.Referred to the Committee on Natural Resources; and then to
the Committee on Finance
.By Senator McKenzie:Senate Bill No. 694--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto six new sections,
designated §61-11A-9, §61-11A-10, §61-11A-11, §61-11A-12,
§61-11A-13 and §61-11A-14, all relating to crime victim's rights.Referred to the Committee on the Judiciary.By Senators Bailey, Kessler and White:Senate Bill No. 695--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all relating
to the regulation of sexually oriented businesses; purposes and
legislative findings; definitions; regulations; and penalties.Referred to the Committee on the Judiciary.By Senator Yoder:Senate Bill No. 696--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-3-1c, relating to the method of appraising certain
affordable multifamily rental housing property for ad valorem
property tax purposes.Referred to the Committee on the Judiciary; and then to the
Committee on Finance
.By Senator Foster:Senate Bill No. 697--A Bill to amend and reenact §17C-5B-1 of
the Code of West Virginia, 1931, as amended, relating to blood
tests for drivers and adult pedestrians killed in motor vehicle
accidents; and authorizing the Chief Medical Examiner to determine
qualifications for persons who may obtain samples and conduct blood
tests in order to facilitate full testing.Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
Senate Bill No. 698 was submitted in error by Legislative Services and, therefore, the text is omitted. The bill
was referred to the Committee on Rules.]By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):Senate Bill No. 699--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-11B-1, §4-11B-2, §4-11B-3 and §4-11B-4, all relating
to the establishment of the OxyContin Asset Forfeiture Fund.Referred to the Committee on Finance.By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):Senate Bill No. 700--A Bill to amend and reenact §22-3-7 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22-6-22 of said code; and to amend and reenact §22-21-3 of said
code, all relating to the recording of certain geologic
information; requiring the filing of said information with the
Department of Environmental Protection and the State Geological and
Economic Survey; providing for the filing of core samples with the
State Geological and Economic Survey; and providing for
confidentiality of certain geologic information.Referred to the Committee on Energy, Industry and Mining.By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):Senate Bill No. 701--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §31-15C-1, §31-15C-2, §31-15C-3, §31-15C-4, §31-15C-5, §31-15C-6, §31-15C-7, §31-15C-8, §31-15C-9, §31-15C-10, §31-15C-11,
§31-15C-12 and §31-15C-13, all relating to the deployment of
broadband to the remaining unserved areas of the state; setting
forth legislative findings and purpose; providing definitions;
establishing the Broadband Deployment Council and its powers,
duties and responsibilities; creating the Broadband Development
Fund; categorizing areas of the state according to broadband
access; retention of outside expert consultant to assist in
categorization and other functions; stimulation of demand through
public outreach and education; providing funding guidelines;
emergency rule-making authority; establishing project requirements
and applications; requiring public notice; limiting liability;
protecting confidentiality of trade secrets and proprietary
business information; criminal penalties; and expiration of the
council.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance
.By Senators McCabe, McKenzie, Foster, Barnes, Jenkins and
Unger:Senate Bill No. 702--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-13Q-22, relating to providing a tax credit for new
job creation by certain taxpayers.Referred to the Committee on Economic Development; and then to
the Committee on Finance.By Senator Chafin:Senate Bill No. 703--A Bill to amend and reenact §22-15-11 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22-15A-19 of said code; to amend and reenact §22-16-4 of said
code; and to amend and reenact §22C-4-30 of said code, all relating
to the reduction of solid waste assessment fees, which reductions
do not take effect until the commercial solid waste facility in
McDowell County accepts forty-five thousand tons of solid waste in
any month.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Minard:Senate Bill No. 704--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §33-13C-1, §33-13C-2, §33-13C-3, §33-13C-4, §33-13C-5,
§33-13C-6, §33-13C-7, §33-13C-8, §33-13C-9, §33-13C-10, §33-13C-11,
§33-13C-12, §33-13C-13, §33-13C-14, §33-13C-15, §33-13C-16 and §33-
13C-17, all relating to viatical settlements of life insurance
policies between life insurance policyholders and third parties;
providing for licensing of viatical settlement providers and
brokers; requiring payment of fees; authorizing proposal of and
promulgation of rules, including emergency rules; and providing
civil and criminal penalties for violations.Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.By Senator Unger:Senate Bill No. 705--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article,
designated §49-6C-1, §49-6C-2, §49-6C-3, §49-6C-4, §49-6C-5, §49-
6C-6, §49-6C-7, §49-6C-8, §49-6C-9 and §49-6C-10, all relating to
establishing the Consent to Health Care of Minors Act; definitions;
caregiver's consent for minor's health care; duty of health care
facility or practitioner; affidavit of caregiver consent;
revocation or termination of consent; good faith reliance on
affidavit; exceptions to applicability; penalty for false
statement; and rule-making authority.Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.By Senators Bowman, Fanning, Foster and McKenzie:Senate Bill No. 706--A Bill to amend and reenact §22-6-20 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §22-21-14 of said code, all relating to clarifying the
procedures for the placement of a liner through mined-out coal
horizons.Referred to the Committee on Natural Resources; and then to
the Committee on Energy, Industry and Mining.By Senators Bailey, Unger, Stollings, Love and White:Senate Bill No. 707--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-12-87; to amend and reenact §29-3-23 and §29-3-24 of
said code; and to amend and reenact §61-3E-1 of said code, all
relating to legalizing and regulating the sale and use of
fireworks; imposing a ten-percent fee for the sale of fireworks; and using the proceeds of said fee to fund pensions for qualified
volunteer firefighters.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Hunter, Minard, Kessler and White:Senate Bill No. 708--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9A-1-16, relating to the Division of Veterans' Affairs.Referred to the Committee on Military; and then to the
Committee on Government Organization.By Senators Unger, Bailey, Stollings, Love, Kessler, Barnes,
Hunter and Jenkins:Senate Bill No. 709--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §8-15B-1, §8-15B-2, §8-15B-3 and §8-15B-4, all relating
to establishing the West Virginia Volunteer Firefighter Length of
Service Act.Referred to the Committee on Pensions; and then to the
Committee on Finance.By Senators Fanning and Foster:Senate Bill No. 710--A Bill to amend and reenact §22-21-20 of
the Code of West Virginia, 1931, as amended, relating to the
elimination of the requirement for spacing consent from coal
entities along horizontal sections of coalbed methane wells; and
requiring the coalbed methane well permit applicant to plug the
well, at the necessary time, in a manner that will meet all state and federal requirements for mine-through of the targeted coal
seam.Referred to the Committee on Energy, Industry and Mining.By Senator Chafin:Senate Bill No. 711--A Bill to amend and reenact §15-2-29 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §15-2A-9 of said code, all relating to payment of various
medical expenses and equipment incurred on behalf of disabled
members of the West Virginia State Police.Referred to the Committee on Finance.By Senators Fanning and Foster:Senate Bill No. 712--A Bill to amend and reenact §22-21-5 and
§22-21-20 of the Code of West Virginia, 1931, as amended, all
relating to authorizing the Coalbed Methane Review Board to propose
legislative rules and to issue spacing orders.Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.By Senator Unger:Senate Bill No. 713--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-2A-1, §61-2A-2 and §61-2A-3, all relating to the
castle doctrine generally; creating a presumption of reasonable
fear of imminent peril of death or great bodily harm when using
defensive force that is intended or likely to cause death or great
bodily harm to another; and granting immunity from criminal
prosecution and civil action.Referred to the Committee on the Judiciary.By Senators Boley, Plymale, Edgell, Stollings, Kessler, Barnes
and Unger:Senate Bill No. 714--A Bill to amend and reenact §18A-4-2a of
the Code of West Virginia, 1931, as amended, relating to the salary
bonus for National Board for Professional Teaching Standards
certification; providing an exception if the certification is
renewed to the ten-year limit for receiving the bonus; and
providing that a classroom teacher holding the certification who
subsequently becomes employed as a school principal, assistant
school principal or in another position in an instructional
leadership capacity receives the salary bonus.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Plymale and Minard:Senate Bill No. 715--A Bill to amend and reenact §5-16-2 of
the Code of West Virginia, 1931, as amended, relating to the
participation in the Public Employees Insurance Agency of certain
retired employees.Referred to the Committee on Finance.By Senators Bowman, Fanning and Foster:Senate Bill No. 716--A Bill to amend and reenact §22-6-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22C-8-2 of said code; and to amend and reenact §22C-9-2 of said
code, all relating to modifying the definitions of "shallow" and
"deep" wells to allow a shallow well to be drilled deeper; and correcting antiquated language throughout.Referred to the Committee on Energy, Industry and Mining.By Senator Chafin:Senate Bill No. 717--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §15-2F-1, §15-2F-2, §15-2F-3 and §15-2F-4, all relating
to creating the West Virginia State Police Higher Education
Security Act.Referred to the Committee on Education; and then to the
Committee on Finance.By Senator Chafin:Senate Bill No. 718--A Bill to amend and reenact §24-6-4 of
the Code of West Virginia, 1931, as amended, relating to
dispatching emergency calls to law-enforcement officers in a fair
and equitable manner.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Government
Organization.By Senators Plymale, Barnes and Stollings:Senate Bill No. 719--A Bill to amend and reenact §18A-1-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18A-2-9a, all relating
to setting standards for assignment of high school athletic
directors.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Chafin and McCabe:Senate Bill No. 720--A Bill to amend and reenact §30-6-3 and
§30-6-22 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §61-12-9 of said code, all relating to
specifically including the surviving spouse and a designated
individual previously chosen by the deceased as a person who may
designate the manner of disposition of a deceased person's body.Referred to the Committee on the Judiciary.By Senators Oliverio, Minard and Kessler:Senate Bill No. 721--A Bill to amend and reenact §9-5-11 of
the Code of West Virginia, 1931, as amended, relating to exempting
insurance burial policies from assignment by Medicaid recipients to
the Department of Health and Human Resources.Referred to the Committee on Health and Human Resources.By Senators Prezioso and Unger:Senate Bill No. 722--A Bill to amend and reenact §30-5-3,
§30-5-14 and §30-5-21 of the Code of West Virginia, 1931, as
amended, all relating to regulation by the Board of Pharmacy of
ambulatory health care facilities and free clinics who dispense
pharmaceuticals.Referred to the Committee on Health and Human Resources.By Senator Hunter:Senate Bill No. 723--A Bill to amend and reenact §19-25-5 of
the Code of West Virginia, 1931, as amended, relating to defining
"caving" as a recreational purpose and activity for which a
landowner's liability for injury is limited.Referred to the Committee on the Judiciary.
Senators Unger, Kessler, Minard, Foster, Plymale, McKenzie,
McCabe, Stollings, White and Jenkins offered the following
resolution:Senate Resolution No. 20--Congratulating the Special Olympics
West Virginia team for representing the state on TEAM USA at the
2007 Special Olympic World Games in China.Whereas, John Ware, Jr. and Carrie Dillon were selected from
Special Olympics West Virginia to represent the country on Team USA
as athletes; andWhereas, Bill Furioli and Ginnie Molnar were selected from
Special Olympics West Virginia to represent the country on Team USA
as coaches; andWhereas, John Ware, Jr. won a Gold Medal in the long jump,
earned a 4th place finish in the 100 meter race and a 5th place
finish in the 4x100 meter relay; andWhereas, Carrie Dillon earned 4th place finishes in both the
200 meter race and 4x100 relay race, and a 5th place finish in the
long jump; andWhereas,
Bill Furioli was selected through a very competitive
process to serve as a bowling coach, working with athletes from
several states to prepare them for the competition; andWhereas,
Ginnie Molnar earned the distinct honor of being named
a track and field coach, working with athletes from several states to
prepare them for the competition
; andWhereas, Special Olympic athletes and coaches work hard to reach their full potential and do so in a positive and uplifting
atmosphere; therefore, be it
Resolved by the Senate:That the Senate hereby congratulates
the Special Olympics West
Virginia team for representing the state on TEAM USA at the 2007
Special Olympic World Games in China
; and, be itFurther Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to John Ware, Jr., Carrie Dillon, Bill
Furioli and Ginnie Molnar.
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.On motion of Senator Chafin, the Senate recessed for one
minute.Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.Senate Resolution No. 19, Supporting Child Abduction
Prevention Program's efforts to enact sex offender residency
ordinance.On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.The Senate proceeded to the eighth order of business.Eng. Com. Sub. for Senate Bill No. 9, Mandating hunter safety
program in public 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, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe,
McKenzie, Minard, Oliverio, Plymale, Stollings, Sypolt, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--29.The nays were: Guills, Prezioso and Sprouse--3.Absent: Love 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 S. B. No. 9) passed with its titleOrdered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Com. Sub. for Senate Bill No. 193, Allowing lenders' sale
of membership plans.On third reading, coming up in regular order, was read a third
time and put upon its passage.On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.The nays were: None.Absent: Love 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 S. B. No. 193) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.Eng. Senate Bill No. 290, Creating felony offense of
unauthorized practice of certain health care professions.On third reading, coming up in regular order, was read a third
time and put upon its passage.On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.The nays were: None.Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 290) passed with its title.Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.The Senate proceeded to the ninth order of business.Com. Sub. for Senate Bill No. 145, Relating to reasonable
force in defense of self, real and personal property.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Com. Sub. for Senate Bill No. 201, Providing
terms for certain retirement benefits disqualification.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 207, Relating to Deputy Sheriff
Retirement System Act.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 208, Clarifying all Consolidated
Public Retirement Board systems are included in employer pick-up
provisions.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 301, Relating to State Police
Retirement Fund.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 465, Eliminating Business Franchise Tax.On second reading, coming up in regular order, was reported by
the Clerk.At the request of Senator Caruth, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.Com. Sub. for Senate Bill No. 545, Relating to tax
administration efficiency.On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.Com. Sub. for Senate Bill No. 596, Relating to Streamlined
Sales and Use Tax Agreement.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 673, Making supplementary appropriation to
Department of Health and Human Resources.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Senate Bill No. 674, Making supplementary appropriation to
Department of Administration and Department of Military Affairs and
Public Safety.On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.Eng. Com. Sub. for House Bill No. 4327, Relating to charitable
bingo and updating the maximum wage allowed to reflect changes in
state minimum wage.On second reading, coming up in regular order, was read a
second time and ordered to third reading.The Senate proceeded to the tenth order of business.The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating to
Dental Practice Act generally.Com. Sub. for Senate Bill No. 156, Providing tuition waivers
for children and spouses of certain National Guard and active duty military personnel.Senate Bill No. 165, Relating to school employees' donated
personal leave days.Com. Sub. for Senate Bill No. 305, Clarifying procedures for
seizing neglected or abused animals.Senate Bill No. 317, Updating physician and podiatrist
licensing requirements.Com. Sub. for Senate Bill No. 325, Relating to state employee
deferred compensation plan.Com. Sub. for Senate Bill No. 519, Extending Hazardous Waste
Material Management Fee Fund sunset provision.Senate Bill No. 570, Allowing county commissions' involvement
in joint development efforts.Com. Sub. for Senate Bill No. 579, Appointing additional
nonresident members to community's sanitary board.And,Senate Bill No. 606, Requiring hiring preference for summer
school program positions.The Senate proceeded to the eleventh order of business and the
introduction of guests.Pending announcement of meetings of standing committees of the
Senate,On motion of Senator Chafin, the Senate recessed until 5:00
p.m. today.Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted, returned to the fourth order of business.Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:Your Committee on Pensions has had under considerationSenate Bill No. 172, Authorizing allocated revenues to fund
volunteer firemen pensions.Senate Bill No. 227, Relating to State Teachers Retirement
System.And,Senate Bill No. 650, Relating to Emergency Medical Services
Retirement System.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, Dan Foster, Chair.The bills, under the original double committee references,
were then referred to the Committee on Finance.Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:Your Committee on Government Organization has had under
considerationSenate Bill No. 235, Creating Office for Oral Health.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 235 (originating in the
Committee on Government Organization)--A Bill
to repeal §16-41-7 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§16-41-2, §16-41-3, §16-41-4 and §16-41-6 of said code; and to
amend said code by adding thereto a new section, designated §16-41-
2a, all relating to oral health; establishing the Office for Oral
Health within the Bureau for Public Health; requiring the director
to be a licensed dentist; establishing an advisory board; and
responsibilities of the Office for Oral Health.
And,Senate Bill No. 645, Exempting city and county hospitals from
certain audit requirements.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 645 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §16-5F-7, relating to exempting city and county
hospitals subject to health care financial disclosure from the
additional audit requirements for local government offices.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.Respectfully submitted, Edwin J. Bowman, Chair.The bills (Com. Sub. for S. B. Nos. 235 and 645), under the
original double committee references, were then referred to the
Committee on Finance.Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:Your Committee on Government Organization has had under
considerationSenate Bill No. 511, Requiring state boards of examination or
regulation maintain permanent public office.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.The bill, under the original double committee reference, was
then referred to the Committee on Finance.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 considerationSenate Bill No. 536, Exempting Supreme Court vehicles from
certain registration requirements.And reports back a committee substitute for same with the
following title:Com. Sub. for Senate Bill No. 536 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17A-3-23 of the Code of West Virginia, 1931, as
amended, relating to exempting vehicles operated by the Supreme
Court of Appeals from registration requirements for state cars.With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.Respectfully submitted, John R. Unger II, Chair.The bill (Com. Sub. for S. B. No. 536), under the original
double committee reference, was then referred to the Committee on
the Judiciary.Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:Your Committee on Natural Resources has had under
considerationSenate Bill No. 641, Creating Water Resources Protection and
Management Act.And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on Finance; and then, under the original double
committee reference, to the Committee on the Judiciary.Respectfully submitted, John Pat Fanning, Chair.At the request of Senator Fanning, unanimous consent being
granted, the bill (S. B. No. 641) contained in the preceding report
from the Committee on Natural Resources was taken up for immediate
consideration, read a first time and ordered to second reading.On motion of Senator Fanning, the bill was referred to the
Committee on Finance; and then, under the original double committee
reference, to the Committee on the Judiciary.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 considerationSenate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Beaver, Raleigh County, "Major Jeff L.
Davis Memorial Bridge".Senate Concurrent Resolution No. 18, Requesting Division of
Highways name bridge in Martinsburg, Berkeley County, "Dr. C.
Vincent Townsend, Sr., Bridge".Senate Concurrent Resolution No. 22, Requesting Division of
Highways name bridge in Clarksburg, Harrison County, "PFC Hotty
Herrick Bridge".Senate Concurrent Resolution No. 30, Requesting Division of
Highways name section of Interstate 70 in Wheeling, Ohio County,
"Doc and Chickie Williams Country Music Royal Couple Highway".Senate Concurrent Resolution No. 37, Requesting Division of
Highways name bridge in Diana, Webster County, "David Daniel
Hamrick Memorial Bridge".Senate Concurrent Resolution No. 38, Requesting Division of
Highways name bridge in Trace Fork, Kanawha County, "Private
Clinton Griffith and Staff Sergeant Jack Griffith Memorial Bridge".Senate Concurrent Resolution No. 39, Requesting Division of
Highways name bridge in Hemphill, McDowell County, "Charles Spencer
Bridge".And,Senate Concurrent Resolution No. 40, Requesting Division of
Highways name bridge in Cabell County, "Phyllis E. Given Memorial
Bridge". And reports the same back with the recommendation that they
each be adopted.Respectfully submitted, John R. Unger II, Chair.Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:Your Committee on Transportation and Infrastructure has had
under considerationSenate Concurrent Resolution No. 16, Requesting Joint
Committee on Government and Finance study elimination of wireless
coverage dead spots.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, John R. Unger II, Chair.The resolution, under the original double committee reference,
was then referred to the Committee on Rules.Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:Your Committee on Government Organization has had under
considerationSenate Concurrent Resolution No. 53 (originating in the
Committee on Government Organization)--
Requesting the Joint
Committee on Government and Finance study ways to allocate and
distribute public funds to convention and visitors bureaus, hotels
and regional travel councils operating in this state, for purposes
of promoting conventions, recreation and tourism, in as efficient
and effective method as possible to maximize the use of such funds.Whereas, To advance the business prosperity and economic
welfare of this state, it is necessary to enhance recreational and
tourism opportunities; andWhereas, In order to promote recreation and tourism public
financial support should be provided to construct, equip, improve
and maintain projects, agencies and facilities that promote
recreation and tourism; andWhereas, The support of convention and visitors bureaus and
hotels is a public purpose for which funds may be expended; andWhereas, The Legislature wants to insure that public funds
received by convention and visitors bureaus, hotels and travel councils used to enhance recreational and tourism opportunities in
the state are allocated and distributed and utilized as efficiently
and effectively as possible; therefore, be it Resolved by the Legislature of West Virginia:That the Joint Committee on Government and Finance is hereby
requested to study ways to allocate and distribute public funds to
convention and visitors bureaus, hotels and regional travel
councils operating in this state, for purposes of promoting
conventions, recreation and tourism, in as efficient and effective
method as possible to maximize the use of such funds; and, be itFurther 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 itFurther Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.Respectfully submitted, Edwin J. Bowman, Chair.On motion of Senator Bowman, the resolution (S. C. R. No. 53)
contained in the foregoing report from the Committee on Government Organization was then referred to the Committee on Rules.The Senate again proceeded to the sixth order of business.On motions for leave, severally made, the following bills and
joint resolutions were introduced, read by their titles, and
referred to the appropriate committees:By Senator Bowman:Senate Bill No. 724--A Bill to amend and reenact §62-1C-7 of
the Code of West Virginia, 1931, as amended, relating to removing
the provision allowing a bail posted by someone other than the
person under bail to be forfeited for failure to comply with a
condition of bail, other than that to appear.Referred to the Committee on the Judiciary.By Senators Foster and Stollings:Senate Bill No. 725--A Bill to amend and reenact §18-2-6a of
the Code of West Virginia, 1931, as amended, relating to sale of
beverages in schools; requiring the State Board of Education to
establish nutrition standards for such sales; and providing that
proceeds from sales from federally funded nutrition programs accrue
to the benefit of those programs.Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.By Senator Hall:Senate Bill No. 726--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-15-23a, relating to the creation of a fund for the
repair of bridges in certain municipalities; and providing for administration by the West Virginia Economic Development Authority.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.By Senator Hall:Senate Bill No. 727--A Bill to amend and reenact §7-5-22 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §24A-2-4a of said code, all relating to county solid waste
assessment fees; revising the manner in which the fees are
assessed; and facilitating the collection of county solid waste
assessment fees as a pass-through surcharge by motor carriers.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Sprouse and Sypolt:Senate Bill No. 728--A Bill to amend and reenact §15-5-6 and
§15-5-19a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §61-6-1a of said code, all relating to
prohibiting the taking of lawfully possessed firearms and
ammunition during a declared state of emergency or riot.Referred to the Committee on the Judiciary.By Senator Hall:Senate Bill No. 729--A Bill to amend and reenact §9-3-1 and
§9-3-2 of the Code of West Virginia, 1931, as amended, all relating
to eliminating the requirement of the use of a social security
number in securing any state services.Referred to the Committee on the Judiciary.By Senator Sprouse:Senate Bill No. 730--A Bill to amend and reenact §5A-4-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§7-11-5 of said code; to amend and reenact §8-29B-5 of said code;
to amend and reenact §20-14-6 of said code; and to amend and
reenact §61-3B-1, §61-3B-2 and §61-3B-3 of said code, all relating
to removing obsolete language pertaining to licenses to carry
deadly weapons.Referred to the Committee on the Judiciary.By Senators Minard, Bailey and Fanning:Senate Bill No. 731--A Bill to amend and reenact §7-6-2 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§8-13-22a of said code; to amend and reenact §12-1-4 and §12-1-5 of
said code; and to amend said code by adding thereto a new section,
designated §12-1-4a, all relating to permitting depositories of
state, county, municipal and other public moneys to pool securities
in lieu of other bonding and pledging requirements for public
depositories; giving depositories of state moneys the same
authority as depositories of municipal and county moneys to place
such deposits in certificates of deposit which meet certain
requirements, in lieu of providing a bond or security in lieu of
bond; and permitting depositories of state, county, municipal and
other public moneys to insure such deposits in excess of the amount
insured by an agency of the federal government with a deposit
guaranty bond issued by a bankers surety company.Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senator Sprouse:Senate Bill No. 732--A Bill to repeal §8-12-5a of the Code of
West Virginia, 1931, as amended; to amend and reenact §7-1-3 of
said code; to amend and reenact §8-23-5 of said code; to amend and
reenact §61-7-2, §61-7-11a and §61-7-14 of said code; and to amend
said code by adding thereto two new sections, designated §61-7-16
and §61-7-17, all relating to limitations upon the keeping and
bearing of arms; defining terms; repealing language concerning
county and municipal ordinances restricting firearms or ammunition;
creating additional exceptions to certain restrictions on where
deadly weapons may be possessed; declaring the provisions of the
code to be the sole means by which the keeping and bearing of arms
may be regulated; preempting any ordinance, rule, policy or
administrative action inconsistent with the provisions of the code;
setting forth exceptions; authorizing public property owners to
prohibit or restrict the possession of deadly weapons to secure
restricted access areas; all property owners who have legally
restricted or prohibited the possession or carrying of weapons on
their premises must give notice of such prohibitions or
restrictions by posting specified signs; setting forth the format
of those signs; and effect of failure to properly post signs
indicating such prohibition or restriction.Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.By Senators Unger, Tomblin (Mr. President), Helmick, Plymale,
Prezioso, McCabe, Chafin, Sypolt, Hunter, Barnes, Fanning, Stollings, Jenkins, Minard, Green, Bailey, McKenzie, Edgell, Wells,
Foster and Yoder:Senate Bill No. 733--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-4-1, §5B-4-2, §5B-4-3, §5B-4-4, §5B-4-5, §5B-4-6,
§5B-4-7, §5B-4-8, §5B-4-9, §5B-4-10, §5B-4-11, §5B-4-12, §5B-4-13,
§5B-4-14 and §5B-4-15, all relating to expanding technology
infrastructure to provide broadband internet access throughout the
State of West Virginia; creating the Electronic Telecommunication
Open Infrastructure Act (ETOPIA); providing definitions for terms
used in the article; setting forth legislative findings; requiring
an inventory and mapping of the current availability of access to
broadband communications in this state; developing coordinated
deployment and operation of technology infrastructure within this
state; providing for technology infrastructure inventory, local
government cooperation and inventory survey reporting requirements;
authorizing emergency and legislative rules; prescribing the
authority of the Secretary of Department of Administration;
describing specific authorized disclosures of confidential
information; creating Joint Legislative Oversight Commission on
Transportation and Infrastructure; providing subpoena powers;
providing for enforcement of subpoena power through a court of
competent jurisdiction; prescribing the powers and duties of the
Secretary of Commerce; establishing reporting requirements;
authorizing secretary to provide technical and funding assistance
to develop technology infrastructure; authorizing secretary to engage in consulting services for fee; authorizing contractual and
joint venture agreements; providing for the liberal construction of
article; utilizing broadband infrastructure, technology and
information to enhance early childhood development; providing for
the confidentiality of trade secrets and proprietary information;
and providing for criminal penalties for unlawful disclosure of
confidential information or data.Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.By Senators Hunter, Jenkins and Plymale:Senate Bill No. 734--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-26-1, §5-26-2, §5-26-3, §5-26-4, §5-26-5 and §5-26-6,
all relating to the creation of the Herbert Henderson Office of
Minority Affairs as a cabinet in the Governor's office; providing
legislative findings and purpose; establishing the cabinet;
creating a Citizen's Advisory Council; providing for duties of
cabinet; powers of cabinet; and creating a Minority Affairs Fund.Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senators Chafin and Stollings:Senate Bill No. 735--A Bill to amend and reenact §11-13A-5a of
the Code of West Virginia, 1931, as amended, relating to dedicating
a portion of revenue generated from severance taxes for the benefit
of certain counties and municipalities.Referred to the Committee on Finance.By Senator Caruth:Senate Bill No. 736--A Bill to amend and reenact §37-1-3 of
the Code of West Virginia, 1931, as amended, relating to
appointment of either a guardian ad litem or conservator for
certain incompetent persons.Referred to the Committee on the Judiciary.By Senators Hunter, White and Sypolt:Senate Bill No. 737--A Bill to amend and reenact §54-1-2 of
the Code of West Virginia, 1931, as amended, relating to limiting
the use of eminent domain for certain electric transmission lines.Referred to the Committee on the Judiciary.By Senator Chafin:Senate Bill No. 738--A Bill to amend and reenact §55-7B-2 of
the Code of West Virginia, 1931, as amended, relating to adding
pharmacist and pharmacy to the definition of "health care
provider".Referred to the Committee on the Judiciary.By Senator Chafin:Senate Bill No. 739--A Bill to amend and reenact §11-16-3 of
the Code of West Virginia, 1931, as amended, relating to the
definition of "nonintoxicating beer".Referred to the Committee on the Judiciary.By Senator Unger:Senate Bill No. 740--A Bill to reform the county commission of
Berkeley County under the provisions of section thirteen, article
IX of the Constitution of West Virginia.Referred to the Committee on Government Organization.By Senators McCabe and Plymale:Senate Bill No. 741--A Bill to amend and reenact §7-11B-2,
§7-11B-3, §7-11B-4, §7-11B-7 §7-11B-8, §7-11B-10, §7-11B-19,
§7-11B-22 and §7-11B-26 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia Tax Increment Financing
Act.Referred to the Committee on Economic Development; and then to
the Committee on Finance.By Senators Helmick, Wells and Bowman:Senate Bill No. 742--A Bill to repeal §5A-3-27 and §5A-3-37 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-37a and §5A-3-45 of
said code, all relating to the Purchasing Division of the
Department of Administration.Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senators Love and Minard:Senate Bill No. 743--A Bill to amend and reenact §18-5-13 of
the Code of West Virginia, 1931, as amended, relating to leasing
school buses for the transportation of voters to polls for general
and special elections.Referred to the Committee on Education; and then to the
Committee on the Judiciary.By Senator Barnes:Senate Bill No. 744--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to creating
a special license for the surviving spouse of a law-enforcement
officer killed in the line of duty; and expanding the definition of
"law-enforcement officer".Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.By Senators Jenkins and Plymale:Senate Bill No. 745--A Bill to amend and reenact §11-4-3 of
the Code of West Virginia, 1931, as amended, relating to the
definitions of "qualified continuing care retirement community" and
"designated common areas".Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senator Facemyer:Senate Bill No. 746--A Bill to amend and reenact §22-15A-2 and
§22-15A-5 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto five new sections, designated
§22-15A-24, §22-15A-24a, §22-15A-25, §22-15A-26 and §22-15A-27, all
relating to implementing a covered electronic devices takeback
program with manufacturers; and providing an opportunity to
counties and municipalities to implement a covered electronic
devices takeback program.Referred to the Committee on the Judiciary.By Senator Unger:Senate Bill No. 747--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §18C-7-9, relating to the PROMISE Scholarship Summer
Internship Program.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Hunter and Minard:Senate Bill No. 748--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-6, relating to authorizing a two thousand-dollar
salary increase for social workers and nurses at state hospitals
who did not receive a two thousand-dollar salary increase in two
thousand seven.Referred to the Committee on Finance.By Senator Caruth:Senate Bill No. 749--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-4A-2c; and to amend and reenact §16-2D-6 of said
code, all relating to providing Medicaid coverage for ventilator
patient care at skilled nursing facilities and through private duty
nursing in the patient's home; defining terms; and revising
certificate of need standards regarding ventilator services in
skilled nursing facilities.Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senator Oliverio:Senate Bill No. 750--A Bill to amend and reenact §33-12-5,
§33-12-8, §33-12-14 and §33-12-17 of the Code of West Virginia, 1931, as amended; and to amend and reenact §33-12B-5 and §33-12B-9
of said code, all relating to requiring a waiting period after a
third failure on the licensing examination; allowing for continuing
education credit for active annual membership in professional
organizations or associations; requiring nonresidents who move to
West Virginia to complete prelicensing education and examination
when their prior state does not grant waivers to individuals who
formerly were licensed in West Virginia; establishing penalties for
failure to pay annual continuation fees; requiring a waiting period
after a third failure on adjuster's license examination; and
permitting nonresident adjusters to not maintain an office in this
state.Referred to the Committee on Banking and Insurance.By Senator McCabe:Senate Bill No. 751--A Bill to amend and reenact §22-3-11 of
the Code of West Virginia, 1931, as amended, relating generally to
the special reclamation tax; continuing the Special Reclamation
Fund; establishing the Special Reclamation Water Trust Fund;
continuing and reimposing a tax on clean coal mined for deposit
into both funds; and providing for the investment of moneys thereby
deposited.Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Finance.By Senators Helmick, Wells and Bowman:Senate Bill No. 752--A Bill to amend and reenact §5-16-18 of
the Code of West Virginia, 1931, as amended, relating to authorizing the Public Employees Insurance Agency to charge
interest to employers on amounts not timely paid.Referred to the Committee on Finance.By Senator Yoder:Senate Bill No. 753--A Bill to amend and reenact §11-16-8 of
the Code of West Virginia, 1931, as amended, relating to permitting
the sale of nonintoxicating beer within three hundred feet from a
church that consents to the sale.Referred to the Committee on the Judiciary.By Senators Unger and Foster:Senate Bill No. 754--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §21-5G-1, §21-5G-2, §21-5G-3, §21-5G-4, §21-5G-5,
§21-5G-6, §21-5G-7, §21-5G-8, §21-5G-9, §21-5G-10 and §21-5G-11,
all relating to granting a minimum amount of paid sick leave to
almost all employees working within the State of West Virginia.Referred to the Committee on Labor; and then to the Committee
on Finance.By Senators Chafin and Helmick:Senate Bill No. 755--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §29-22D-1, §29-22D-2, §29-22D-3 and §29-22D-4, all
relating to the establishment of a Track and Lottery Oversight
Committee; selection of its members; qualifications; terms of
office; compensation; and bonding requirements.Referred to the Committee on the Judiciary; and then to the Committee on Finance.By Senators Fanning and Love:Senate Bill No. 756--A Bill to amend and reenact §19-23-10 of
the Code of West Virginia, 1931, as amended, relating to bona fide
residents wholly or solely owning greyhounds; training of track
facilities; increasing the amount from the Breeder Development Fund
that can be used for construction and maintenance of two training
track facilities; and not requiring anyone to be a member of an
association in order to participate in the Breeder Development
Fund.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Barnes:Senate Bill No. 757--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24-2-19, relating to the Public Service Commission
generally; and directing the Public Service Commission to
promulgate rules.Referred to the Committee on the Judiciary.By Senators Helmick, Wells and Bowman:Senate Bill No. 758--A Bill to amend and reenact §5-16-13 of
the Code of West Virginia, 1931, as amended, relating to the terms
of participation in the Public Employees Insurance Agency of
dependent children and employees hired on or after the first day of
July, two thousand eight, upon retirement.Referred to the Committee on Finance.By Senators Helmick and Bowman:Senate Bill No. 759--A Bill to amend and reenact §5A-7-11 of
the Code of West Virginia, 1931, as amended, relating to
confidential records.Referred to the Committee on the Judiciary.By Senator Sypolt:Senate Bill No. 760--A Bill to amend and reenact §8-1-5a of
the Code of West Virginia, 1931, as amended, relating to the
Municipal Home Rule Pilot Program; and limitations.Referred to the Committee on Government Organization.By Senator Barnes:Senate Bill No. 761--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to changing
ISE days to the months of September, November, January, March and
May.Referred to the Committee on Education.By Senator Boley:Senate Bill No. 762--A Bill to amend and reenact §49-5B-4 of
the Code of West Virginia, 1931, as amended, relating to creating
a special revenue account in the State Treasury known as the
Juvenile Services Status Offender Fund.Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.By Senator Edgell:Senate Bill No. 763--A Bill to amend and reenact §18A-3-2a of
the Code of West Virginia, 1931, as amended, relating to certificates and permits to coach in public schools; removing
certain limitation on such service under certain conditions; making
technical corrections; and deleting obsolete language.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Helmick, Wells and Bowman:Senate Bill No. 764--A Bill to amend and reenact §5-16-13 of
the Code of West Virginia, 1931, as amended, relating to the terms
of participation in the Public Employees Insurance Agency of
dependent children and employees hired on or after the first day of
July, two thousand eight, upon retirement.Referred to the Committee on Finance.By Senator Barnes:Senate Bill No. 765--A Bill to amend and reenact §17B-2-12 of
the Code of West Virginia, 1931, as amended, relating to the
expiration and renewal of West Virginia driver's licenses.Referred to the Committee on Transportation and
Infrastructure.By Senators Hunter, Unger and Minard:Senate Bill No. 766--A Bill to amend and reenact §5-5-2 of the
Code of West Virginia, 1931, as amended, relating to increasing the
annual salary increase for eligible state employees from fifty
dollars per year of service to one hundred dollars per year; and
reducing the years of service requirement to receive an annual
salary increase from three years to one year.Referred to the Committee on Finance.By Senators Bowman, Wells and Helmick:Senate Bill No. 767--A Bill to amend and reenact §29-6-7 of
the Code of West Virginia, 1931, as amended, relating to reducing
the requirement that the Director of Personnel must have five
years' experience in personnel management in order to better the
state's recruitment abilities for the position.Referred to the Committee on Government Organization.By Senators Hunter, Minard and Jenkins:Senate Bill No. 768--A Bill to amend and reenact §2-2-1 of the
Code of West Virginia, 1931, as amended, relating to designating
the seventh day of December, Pearl Harbor Day, as a legal state
holiday.Referred to the Committee on Military; and then to the
Committee on Finance.By Senators Helmick, Wells and Bowman:Senate Bill No. 769--A Bill to amend and reenact §11B-2-15 of
the Code of West Virginia, 1931, as amended, relating to continuing
the permissible annual appropriation of Public Employees Insurance
Reserve Fund moneys for the Bureau for Medical Services of the
Department of Health and Human Resources.Referred to the Committee on Finance.By Senator Chafin:Senate Bill No. 770--A Bill to amend and reenact §22-15-11 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22-15A-19 of said code; to amend and reenact §22-16-4 of said
code; and to amend and reenact §22C-4-30 of said code, all relating generally to reduction of solid waste assessment fees; providing a
method for determining effective date of the fee reductions; and
deleting obsolete language.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Oliverio:Senate Bill No. 771--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-10P-1, §18-10P-2, §18-10P-3, §18-10P-4, §18-10P-5
and §18-10P-6, all relating to authorizing the maintenance and
operation of nontraditional career development centers for
displaced homemakers and single parents; providing for powers and
duties of the Secretary of Education and the Arts; establishing
services to be offered; providing for allocation of state funding;
and requiring annual report.Referred to the Committee on Education; and then to the
Committee on Finance.By Senators Love, McKenzie, White and Wells:Senate Bill No. 772--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-41-1, §30-41-2, §30-41-3, §30-41-4, §30-41-5, §30-
41-6, §30-41-7, §30-41-8, §30-41-9, §30-41-10, §30-41-11, §30-41-
12, §30-41-13, §30-41-14, §30-41-15, §30-41-16, §30-41-17, §30-41-
18, §30-41-19, §30-41-20, §30-41-21, §30-41-22, §30-41-23 and
§30-41-24, all relating to regulating the practice of marriage and
family therapy; legislative findings; definitions; creating the Marriage and Family Therapy Board of Examiners; powers and duties
of the board; license and temporary permit requirements;
exemptions; scope of practice; hearing and notice requirements;
providing a civil cause of action; criminal penalties; and
continuation of the board.Referred to the Committee on Government Organization; and then
to the Committee on Finance.By Senator Unger:Senate Bill No. 773--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5,
§11-6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10, §11-6I-11 and
§11-6I-12, all relating to the Senior Citizen Property Tax Payment
Stabilization and Relief Act; providing definitions; providing
stabilization for payment of the property tax increment; requiring
application for the stabilization; providing for stabilization
renewal and waiver of stabilization; providing procedures for the
review and approval of application by the assessor; providing an
appeals procedure; authorizing creation of a lien on property for
which stabilization is approved; specifying conditions for liens
and lien payment and termination; requiring the Tax Commissioner to
prescribe necessary forms and instructions; establishing criminal
penalties; and authorizing severability of provisions of the
article.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Jenkins, Foster, Facemyer and Wells:Senate Bill No. 774--A Bill to amend and reenact §24-3-2 of
the Code of West Virginia, 1931, as amended, relating to water
utility rates.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Sypolt:Senate Joint Resolution No. 14--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption increase;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Unger and Minard:Senate Joint Resolution No. 15--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to a homestead exemption increase;
assessed valuation stabilization; numbering and designating such
proposed amendment; and providing a summarized statement of the
purpose of such proposed amendment.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senator Sypolt:Senate Joint Resolution No. 16--Proposing an amendment to the
Constitution of the State of West Virginia, amending article III thereof by adding thereto a new section, designated section twenty-
three, relating to the marriage protection amendment; prohibiting
the state from recognizing same sex marriages; prohibiting the
state from recognizing a legal status for relationships that are
similar to marriage; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.By Senators Sypolt and Yoder:Senate Joint Resolution No. 17--Proposing an amendment to the
Constitution of the State of West Virginia, amending section
fourteen, article VII thereof, relating to creating a veto session
of the Legislature to consider bills vetoed by the Governor;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.Referred to the Committee on the Judiciary; and then to the
Committee on Finance.At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:Your Committee on Natural Resources has had under
considerationSenate Bill No. 775 (originating in the Committee on Natural
Resources)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-1-19; and
to amend and reenact §20-1-20 of said code, all relating to the
state parks and state forests of West Virginia; designating the
state parks and state forests; requiring statutory approval to
close, change the name or change the designated use of
a state park
or state forest; and clarifying limitations on acquiring land or
constructing new buildings on a state park or state forest.And reports the same back with the recommendation that it do
pass.Respectfully submitted, John Pat Fanning, Chair.The Senate proceeded to the thirteenth order of business.At the request of Senator Kessler, unanimous consent being
granted, it was ordered that the Journal show had Senator Kessler
been present in the chamber on Wednesday, February 13, 2008, he
would have voted "yea" on the passage of Engrossed Senate Bill No.
298, Engrossed Committee Substitute for Senate Bill No. 481 and
Engrossed Senate Bill No. 627.At the request of Senator Plymale, the name of Senator Plymale
was removed as a sponsor of Committee Substitute for Senate Bill
No. 632 (Creating Healthy Lifestyles Restaurant Calorie Posting
Program)
.On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Love.Pending announcement of meetings of standing committees of the Senate,On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, February 19, 2008, at 11 a.m.