WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 4, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Shawn R. Thornton, Senior
Pastor, Bible Center Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 3, 2008,
On motion of Senator Stollings, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from Workforce West
Virginia, submitting its Governor's Guaranteed Workforce Program
annual report, in accordance with chapter five-b, article two-d,
section six of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4074, Creating an Office for Oral Health under the Bureau for Public Health and authorizing a
full time director.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Stollings, Jenkins and Boley.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced
that that body had refused to concur in the Senate amendments to,
and requested the Senate to recede therefrom, as to
Eng. Com. Sub. for House Bill No. 4364, Amending various
requirements for motor vehicle dealers.
On motion of Senator Chafin, the Senate refused to recede from
its amendments to the bill and requested the appointment of a
committee of conference of three from each house on the disagreeing
votes of the two houses.
Whereupon, Senator Tomblin (Mr. President) appointed the
following conferees on the part of the Senate:
Senators Chafin, Stollings and Deem.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from the Clerk of the House of Delegates announced that that body had agreed to the changed effective date to take
effect July 1, 2008, of
Eng. House Bill No. 4676, Continuing the permissible
appropriation of Public Employees Insurance Reserve Fund moneys to
the bureau for medical services.
A message from the Clerk of the House of Delegates announced
the concurrence by that body in the Senate amendments to, and the
adoption as amended, with its Senate amended title, of
House Concurrent Resolution No. 6, The "Kenny Ray Hamrick
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 37--Urging the Government of
Turkey to cease its discrimination of the Ecumenical Patriarchate,
to grant the Ecumenical Patriarch appropriate international
recognition, allow ecclesiastical succession and the right to train
clergy of all nationalities, and to respect the property rights and
human rights of the Ecumenical Patriarchate.
Whereas, The Ecumenical Patriarchate, located in Istanbul,
Turkey, is the sacred See that presides in a spirit of brotherhood
over a communion of self-governing churches of the Orthodox
Christian world; and
Whereas, The See is led by Ecumenical Patriarch Bartholomew,
who is the 269th in direct succession to the Apostle Andrew and
hold titular primacy as primus inter pares, meaning "first among equals" in the community of Orthodox churches worldwide; and
Whereas, In 1994 Ecumenical Patriarch Bartholomew, along with
leaders of the Appeal of Conscience Foundation, cosponsored the
Conference on Peace and Tolerance, which brought together
Christian, Jewish and Muslim religious leaders for an interfaith
dialogue to help end the Balkan conflict and the ethnic conflict in
the Caucasus region; and
Whereas, Following the terrorist attacks on our nation on
September 11, 2001, Ecumenical Patriarch Bartholomew gathered a
group of international religious leaders to produce the first joint
statement with Muslim leaders that condemned the 9/11 attacks as
"anti-religious"; and
Whereas, In October 2005 the Ecumenical Patriarch, along with
Christian, Jewish and Muslim leaders, cosponsored the Conference on
Peace and Tolerance II to further promote peace and stability in
southeastern Europe, the Caucasus region and central Asia via
religious leaders' interfaith dialogue, understanding and action;
and
Whereas, The Orthodox Christian Church, in existence for
nearly 2,000 years, numbers approximately 300 million members
worldwide with more than 2 million members in the United States;
and
Whereas, Since 1453 the continuing presence of the Ecumenical
Patriarchate in Turkey has been a living testament to the religious
coexistence of Christians and Muslims; and
Whereas, This religious coexistence is in jeopardy because the Government of Turkey refuses to recognize the rights and religious
freedoms of the Ecumenical Patriarchate, which is considered a
minority religion by the Turkish government; and
Whereas, The Government of Turkey has limited the candidates
available to hold the office of Ecumenical Patriarchate to only
Turkish nationals at the turn of the 20th century, and due to the
continued policies of minority discrimination during this period by
the Turkish government, there remain less than 3,000 of the
Ecumenical Patriarchs flock left in Turkey today; and
Whereas, The Government of Turkey has reneged on its agreement
to reopen the Theological School on the island of Halki, which the
Turkish government closed in 1971, thus impeding training for
Orthodox Christian clergy; and
Whereas, The Turkish government has confiscated nearly 94
percent of the properties of the Ecumenical Patriarchate and has
placed a 42 percent tax retroactive to 1999 on the Baloukli
Hospital and Home for the Aged, a charity hospital run by the
Ecumenical Patriarchate; and
Whereas, The European Union, a group of nations with a common
goal of promoting peace and the well-being of its peoples, began
accession negotiations with Turkey on October 3, 2005; and
Whereas, The European Union defined membership criteria for
accession at the Copenhagen European Council in 1993, obligating
candidate countries to achieve certain levels of reform, including
stability of institutions guaranteeing democracy, adherence to the
rule of law and respect for and protection of minorities and human rights; and
Whereas, The Turkish government's current treatment of the
Ecumenical Patriarchate is inconsistent with the membership
conditions and goals of the European Union; and
Whereas, Orthodox Christians in the State of West Virginia and
throughout the United States stand to lose their spiritual leader
because of the continued actions of the Turkish government;
therefore, be it
Resolved by the Legislature of West Virginia:
The State of West Virginia urges the Government of Turkey to
uphold and safeguard religious and human rights without compromise;
cease its discrimination of the Ecumenical Patriarchate; grant the
Ecumenical Patriarch appropriate international recognition,
ecclesiastic succession and the right to train clergy of all
nationalities; and respect the property rights and human rights of
the Ecumenical Patriarchate; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward certified copies of this resolution to the President of the
United States, to the United States Ambassador to the Republic of
Turkey, to the Ambassador of the Republic of Turkey to the United
States, and to Angelo Koukoulis.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4022, Relating to
compensation and expenses of panel attorneys providing public
defender services.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4022) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4120, Prohibiting inclusion
of specific dollar amounts or figures related to damages in
complaints for personal injury or wrongful death actions.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4120) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4494, Relating to the
regulation of the practice of accountancy.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4511, Relating to zoning
ordinance adoption by election or otherwise.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with the second committee references of the bills contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 4494 and 4511)
were each taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4712, Supplementary appropriation to the
Department of Transportation-Division of Motor Vehicles.
Eng. House Bill No. 4713, Expiring funds to the balance of the
Department of Health and Human Resources, Health Care Authority.
And,
Eng. House Bill No. 4714, Supplementary appropriation to the
Department of Commerce, Department of Education and the
Arts-Division of Rehabilitation Services, Department of Military
Affairs and Public Safety-Fire Marshal.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, Engrossed House Bill No. 4712 contained in the preceding
report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4712) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4712) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4712) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Helmick, unanimous consent being
granted, Engrossed House Bill No. 4713 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4713) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4713) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4713) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
At the request of Senator Helmick, unanimous consent being
granted, Engrossed House Bill No. 4714 contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Bailey,
Barnes, Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins,
Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale,
Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder
and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4714) was then
read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4714) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4714) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the sixth order of business.
Senators McCabe, Foster, Unger, Stollings and McKenzie offered
the following resolution:
Senate Concurrent Resolution No. 74--Requesting the Joint Committee on Government and Finance review the property tax
assessment and appeals system.
Whereas, For many years the property assessment and appeals
system in West Virginia could be characterized as having a number
of statutory deficiencies that can affect due process for
taxpayers; and
Whereas, These characterizations have been addressed in a
number of studies and forums, including a 1995 West Virginia Law
Review article, the West Virginia Tax Study Commission created by
the Legislature in 1982 and the statutory West Virginia Law
Institute which was funded by the Joint Committee on Government and
Finance in 1992 to review the system and develop recommendations
for change; and
Whereas, The 1999 Report of the Governor's Commission on Fair
Taxation concluded that, "[There are] a myriad of problems in (the
system) which all add up to a virtual denial of due process for
citizens protesting assessments - particularly for individuals and
small businesses who cannot afford to hire attorneys and appraisal
experts for such cases"; and
Whereas, The 1999 report described the system as consisting of
inadequate notice, inadequate information, unnecessarily limited
appeal opportunity, harsh penalties, institutional bias, ambiguous
hearing procedures (no record made), lack of uniformity and
potential local fiscal disruption; and
Whereas, Although these major study initiatives have resulted
in a host of recommendations to improve the system, virtually none of them has received any substantive legislative consideration; and
Whereas, Despite some improvements in technology and
administrative efficiencies during recent years, a myriad of
problems and shortfalls still pervade the system - not the least of
which is the perceived continuing lack of due process provided to
taxpayers; and
Whereas, Senate Bill No. 585, introduced in the 2008 regular
session of the Legislature, proposed a number of statutory reforms
to the system, including: Modernizing the penalties for failure to
timely list property for taxation; modifying the timelines for
reporting property to the assessor and mailing notices of assessed
value to property owners; prescribing specific requirements for the
contents of such notices; providing for appeals of challenged
assessments to the Office of Tax Appeals in certain cases;
providing for appeals to the Supreme Court of Appeals in certain
cases; establishing a voluntary arbitration process as an
alternative to appeals to circuit court; and establishing separate
timelines and requirements for reporting and assessment of
industrial and natural resources properties; and
Whereas, It is time for the Legislature to revisit, review and
act on the substantial amount of professional work that has taken
place over the past several decades to identify, and develop
solutions for, the problems and shortfalls in the system; and
Whereas, Such a review must necessarily include input from
affected taxpayers, interest groups and public officials involved
in the system; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Joint Committee on
Government and Finance to review the property tax assessment and
appeals system; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Green and Bailey offered the following resolution:
Senate Concurrent Resolution No. 75--Requesting the Division
of Highways name bridge number 45-64-143.17 (2790) located at the
Green Sulphur Springs Interchange on Interstate 64 in Summers
County near exit 143 the "Vaughn Ray York Memorial Bridge".
Whereas, Vaughn Ray York was an avid photographer using his
talents to capture wonderful pictures of the West Virginia
wildlife, environment and mountains as well as having those
photographs of his home state published in the book Shades of
Tomorrow; and
Whereas, An exhibit of Vaughn York's photography is scheduled
to be displayed at Tamarack this spring; and
Whereas, Vaughn York worked as a heavy equipment operator for
Magnum Coal Company; and
Whereas, Vaughn York was an avid outdoors man, enjoying
hunting, fishing and photographing game; and
Whereas, Vaughn York was a kind person, selfless in his desire
to help those less fortunate than he, often giving most of his own
salary to help those who were in need; and
Whereas, On September 23, 2006, after listening to his beloved
West Virginia University Mountaineer football team and taking
photographs of an intense storm, Vaughn York was returning home
when he was tragically killed at the age of thirty-five; and
Whereas, Vaughn York is dearly missed by his family, friends
and those in the community, and the breadth of his graciousness was
not discovered until his funeral; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 45-64-143.17 (2790) at the Green Sulphur Springs
Interchange on Interstate 64 in Summers County near exit 143 the
"Vaughn Ray York Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways have made and
be placed signs identifying the bridge as the "Vaughn Ray York
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
Transportation and the family of Vaughn Ray York.
Which, under the rules, lies over one day.
Senator Love offered the following resolution:
Senate Concurrent Resolution No. 76--Requesting the Division
of Highways place signs on Route 19 at the municipal limits of the
Town of Fayetteville, Fayette County, stating "Coolest Small Town".
Whereas, In 2007, the Town of Fayetteville, West Virginia, was
recognized as one the "Coolest Small Towns in America"; and
Whereas, The Town of Fayetteville hosted a Community Design
Team from West Virginia University in an attempt to gain ideas to
promote business in the Town of Fayetteville. The placement of
signs identifying Fayetteville as "Coolest Small Town" was one of
the suggestions of the design team; and
Whereas, An official request has been made by the
Superintendent of the Town of Fayetteville requesting the placement
of signs on Route 19 at the municipal limits stating "Coolest Small
Town"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to place
signs on Route 19 at the municipal limits of the Town of
Fayetteville, Fayette County, stating "Coolest Small Town"; and, be
it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
At the request of Senator Love, unanimous consent being
granted, the resolution was taken up for immediate consideration.
Referred to the Committee on Transportation and Infrastructure.
Senators Plymale, Caruth, Guills, Jenkins, Foster and
Stollings offered the following resolution:
Senate Resolution No. 31--Honoring President Olen E. Jones,
Jr., for his dedication and service in the fields of medicine and
science in the State of West Virginia.
Whereas, Olen E. Jones, Jr., has served as president of the
West Virginia School of Osteopathic Medicine since 1987; and
Whereas, Under the leadership of Olen E. Jones, Jr., the West
Virginia School of Osteopathic Medicine has been named one of U. S.
News & World Report magazine's top medical schools for nine
consecutive years; and
Whereas, Under the guidance of Olen E. Jones, Jr., the West
Virginia School of Osteopathic Medicine has developed into a major
economic development center for southeastern West Virginia,
creating a large number of jobs for the area and stimulating major
economic growth in the region by hiring in-state contractors and
vendors; and
Whereas, Olen E. Jones, Jr., has served as the chairman of the
Board of Governors for the American Association of Colleges of
Osteopathic Medicine and as the Director of the Medical College
Admissions Test (MCAT); and
Whereas, Olen E. Jones, Jr., helped establish the Marshall
University School of Medicine and College of Science when he served
as Provost and Executive Vice President; and
Whereas, Olen E. Jones, Jr., led the charge to construct the Robert C. Byrd Clinic, as well as the Geriatrics Center at the
clinic, helping meet the health care needs of the Greenbrier Valley
and the area's elderly population; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Olen E. Jones, Jr., for his
dedication and service in the fields of medicine and science in the
State of West Virginia; and, be it
Further Resolved, That the Senate extends it best wishes to
Olen E. Jones, Jr., for continued success and wishes him luck on
any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Olen E. Jones, Jr.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Hunter, and by unanimous
consent, the remarks by Senators Guills, Caruth, Love, Plymale and
Stollings regarding the adoption of Senate Resolution No. 31 were
ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Hunter, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 77 (originating in the
Committee on Military)--Urging the United States Congress declare
December 7th a national holiday.
Whereas, The attack on Pearl Harbor on December 7, 1941, which
brought the United States into World War II, was truly a day of
"infamy" as declared by President Franklin Delano Roosevelt and
which resulted in more than sixteen million Americans and two
hundred thirty-three thousand nine hundred eighty-five thousand
West Virginians taking part in the war which lasted from December
7, 1941, to September 5, 1945, to preserve the way of life of all
Americans as a free people; and
Whereas, In addition to Americans in all of the states
rallying to war, West Virginia patriots rallied to the war in
numbers greater per capita than any other state and this resulted
in many West Virginia fathers, mothers, husbands, wives, sons,
daughters, uncles, aunts and cousins giving their lives or
suffering severe injuries or hardships; and
Whereas, All Americans should recognize and honor the veterans
and their families who contributed to the victorious end of World
War II and designating December 7, 1941, as a national holiday
would pay honor to all their sacrifices and allow them to be
remembered and keep alive their being recognized as being the
"Greatest Generation"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress to declare December 7th a national holiday; and, be it
Further Resolved, That the Legislature expresses great thanks
to those veterans who sacrificed and risked their lives to serve
their country for the preservation of our freedoms; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the members of the
West Virginia delegation to the United States Congress.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jon Blair Hunter,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 48, Requesting Division of
Highways name bridge in Puritan Mines, Mingo County, "Rev. Glen and
Gladys Merritt Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 49, Requesting Division of
Highways name bridge in Mingo County "Private Lawrence Ooten
Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 52, Requesting Division of
Highways name bridge in Marion County "Seaman 1st Class Clyde
Richard Wilson Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 58, Requesting Division of
Highways name bridge near Eleanor, Putnam County, "Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 63, Requesting Division of
Highways name bridge near Belo, Mingo County, "R3C Fred Mahon
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 71, Requesting Division of
Highways name bridge in Grafton, Taylor County, "Floyd 'Scotty'
Hamilton: First WVU All American Basketball Player Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 72, Requesting Division of
Highways name bridge in Grafton, Taylor County, "Clair Bee:
Basketball Coach and Author Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 73, Requesting Legislative
Oversight Commission on Health and Human Resources Accountability
study substance abuse.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources; and then to the Committee on Rules.
House Concurrent Resolution No. 4, The H.E. 'Homer' Lilly Bridge.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 35, The "Noah Stephens
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The following amendments to the resolution, from the Committee
on Transportation and Infrastructure, were reported by the Clerk,
considered simultaneously, and adopted:
By striking out everything after the title and inserting in
lieu thereof the following:
Whereas, Noah Stephens was born February 29, 1924, the tenth
child of Tolbert and Effie Stephens, in Wayne County, West
Virginia. Noah's father was a hardworking farmer and his mother
was a midwife who traveled the county helping mothers in
childbirth; and
Whereas, Noah Stephens's work ethic and resiliency were forged
early growing up as a child in the Great Depression and then put to
the test in World War II when Japan attacked Pearl Harbor on
December 7, 1941; and
Whereas, Two months before graduating high school, Noah Stephens, after turning eighteen, rode a bus to Columbus, enlisted
in the Army and earned a GED in bootcamp; and
Whereas, Noah Stephens was shipped out to England, eventually
landing in France in June, 1944, for the Normandy D-Day invasion;
and
Whereas, After the breakthrough in Normandy, Noah Stephens was
assigned to the 94th Infantry Division, 302 Regiment, Company L,
Second Platoon in Le Havre, France, where he began fighting his way
into Germany; and
Whereas, On December 16, 1944, the Germans launched a surprise
counter-offensive, known as the Battle of the Bulge, which took the
allies completely by surprise. The Germans hit the center of the
allied lines at the thinly held Ardennes with over a quarter of a
million men; and
Whereas, Within eight days the Germans had cut deeply into
allied territory. Noah and his platoon were surrounded for eleven
days. At times, the temperature dipped to minus thirty-five
degrees below zero. Their food supply dwindled to seven cans of C-
rations. The men were forced to lay low, taking shelter in
foxholes dug from the frozen solid earth; and
Whereas, On Friday, February 16, 1945, the Wayne County News
published the following account: "Mr. and Mrs. Tolbert Stevens
(sic) have received word that their son, Pvt. Noah Stevens (sic),
has been missing in action in France since January 21. He had been
in service about 2 years"; and
Whereas, In fact, Noah and twenty other men had survived enemy fire, hunger and the bitter cold, to cross the enemy lines and make
it back to allied territory. The surviving twenty three men were
sent to a hospital in Birmingham, England, where eighteen of them
required amputations due to extreme frostbite. Noah was so badly
frostbitten he was scheduled to have both feet amputated. He
refused, later healed and became one of only five men in his entire
platoon to not undergo an amputation; and
Whereas, Believing their son, Noah Stephens, had been dead
since January, his parents were overjoyed to receive a letter from
him in March relating his struggle and improbable survival; and
Whereas, On March 30, 1945, the Wayne County News ran an
updated article on Noah Stephens being awarded the Silver Star and
Combat Infantry Badge for his gallantry in action in an attack on
the town of Tettington, Germany, with the 94th Infantry Division.
Noah also received the Purple Heart, the Good Conduct Medal and
three campaign stars for service in Northern France, the Ardennes
and the Rhineland; and
Whereas, Upon his return from service in World War II, Noah
Stephens married his sweetheart Lorene Russell and they started a
family. Within a year their first son Lemuel was born, followed by
sons Gary and Delmas and a daughter named Shelia; and
Whereas, In order to provide for his family, Noah began
working in the coal mines, then worked in the factories of Detroit
and Columbus, and finally attended trade school in Huntington, on
the GI Bill, to become a machinist; and
Whereas, Noah Stephens went on in life to become both a successful family man and businessman, owning his own trucking and
building companies, surviving hardship and family illness and,
after more than fifty-two years, is still married to, loving and
caring for his wife Lorene; and
Whereas, Imbued by their parents with a strong work ethic,
Noah and Lorene's children have all gone on to become successful
entrepreneurs. It is fitting that they thought to honor their
father, who will be eighty-four years old on February 29, 2008, by
seeking to memorialize his honorable life by naming the Dickson
bridge after and dedicating it to him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the Dickson beam-span bridge, crossing Twelve Pole Creek, on
Route 152, Dickson, West Virginia, identification #50-152-3839
(3542), the "Noah Stephens Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at the entryway of each end
of the bridge; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward certified copies of this resolution to the Commissioner of
Highways, to the Wayne County Commission, and to the family of Noah
Stephens.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
House Concurrent Resolution No. 35--Requesting the Division of Highways to name the Dickson beam-span bridge, crossing Twelve Pole
Creek, on Route 152, Dickson, West Virginia, identification #50-
152-3839 (3542), the "Noah Stephens Bridge".
The question being on the adoption of the resolution (H. C. R.
No. 35), as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
House Concurrent Resolution No. 40, Requesting the United
States Park Service to continue permitting hunting on areas
controlled by New River Gorge National River.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 51, The "William Arnett Wills
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 66, Honoring and commemorating
100 years of service at home and abroad by the United States Army Reserve.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
House Concurrent Resolution No. 67, The "Abishi Carrando
Cunningham, Sr. Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of
Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. House Bill No. 2503, Authorizing the Division of Motor
Vehicles to issue an identification card to West Virginia residents
who already possess a valid driver's license.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2503) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4328, Excluding the service
of a poll worker from being considered a prohibited political
activity,.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4328) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4328--A Bill
to amend and
reenact §29-6-20 of the Code of West Virginia, 1931, as amended,
relating to allowing state employees to serve as poll workers and
as delegates to state and national political conventions without
being considered as engaging in a prohibited political activity.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--33.
The nays were: None.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4328) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4418, Establishing a
statewide reporting system for hospitals to report their infection
rates.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4418) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 4496, Providing
opportunities for members of the Teachers' Defined Contribution
Retirement System to the State Teachers Retirement System.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
House Bill No. 4496 pass?"
On the passage of the bill,
the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie--1.
Absent: Kessler and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4496) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4496--A Bill to repeal §18-
7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §11-
21-12h; to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18, §18-
7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7,
§18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1,
§18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-
8, §18-7C-9, §18-7C-10, §18-7C-11 and §18-7C-12 of said code; to
amend said code by adding thereto a new section, designated §18-7C-
15; and to amend and reenact §18A-2-2 of said code, all relating to
teachers retirement systems; allowing members of the Teachers'
Defined Contribution Retirement System to transfer to the State
Teachers Retirement System under certain conditions; income tax
deduction for certain payments for obtaining credit; providing for contributions by employers and members; computation of service
credit; transfers from the Teacher Employers Contribution
Collection Account; loans to members; providing for transfer of
higher education employees who are members of the Teachers' Defined
Contribution Retirement System; providing for transfer of certain
members returning to employment with participating employer;
prohibiting transfers to Teachers' Defined Contribution Retirement
System; providing findings and purposes of enactment; defining
terms; establishing a required minimum percentage of actively
contributing members of the Teachers' Defined Contribution
Retirement System electing to transfer for the authorization of the
transfers; providing for notice, education and record-keeping
requirements; providing for classes and seminars and access to
schools; establishing the first day of July, two thousand eight, as
the effective date for the transfer; providing for the transfer of
service credit and the payment of the actuarial reserve to obtain
service credit; establishing the earliest date transferees can
retire; establishing processes for members of the Teachers' Defined
Contribution Retirement System to elect transfer; allowing the
Consolidated Public Retirement Board to contract for professional
services; establishing a procedure to allow worksite supervisors to
collect the transfer documents; providing for effect of transfers
on domestic relations orders and vesting; providing guaranteed
minimum benefits; and providing for funding to offset any
additional unfunded actuarially accrued liability.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Love, McCabe,
Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie--1.
Absent: Kessler and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4496) takes effect from passage.
On motion of Senator Deem, the Senate reconsidered the vote as
to the effective date, title amendment and passage of
Eng. Com. Sub. for House Bill No. 4496, Providing
opportunities for members of the Teachers' Defined Contribution
Retirement System ("TDC") to the State Teachers Retirement System
("TRS").
The vote thereon having been reconsidered,
The question again being "Shall Engrossed Committee Substitute
for House Bill No. 4496 pass?"
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie and Sprouse--2.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4496) passed.
The following amendment to the title of the bill, from the
Committee on Finance, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4496--A Bill to repeal §18-
7C-13 and §18-7C-14 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §11-
21-12h; to amend and reenact §18-7A-14, §18-7A-17, §18-7A-18, §18-
7A-34 and §18-7A-40 of said code; to amend and reenact §18-7B-7,
§18-7B-7a and §18-7B-8 of said code; to amend and reenact §18-7C-1,
§18-7C-2, §18-7C-3, §18-7C-4, §18-7C-5, §18-7C-6, §18-7C-7, §18-7C-
8, §18-7C-9, §18-7C-10, §18-7C-11 and §18-7C-12 of said code; to
amend said code by adding thereto a new section, designated §18-7C-
15; and to amend and reenact §18A-2-2 of said code, all relating to
teachers retirement systems; allowing members of the Teachers'
Defined Contribution Retirement System to transfer to the State
Teachers Retirement System under certain conditions; income tax
deduction for certain payments for obtaining credit; providing for
contributions by employers and members; computation of service
credit; transfers from the Teacher Employers Contribution
Collection Account; loans to members; providing for transfer of
higher education employees who are members of the Teachers' Defined
Contribution Retirement System; providing for transfer of certain
members returning to employment with participating employer;
prohibiting transfers to Teachers' Defined Contribution Retirement System; providing findings and purposes of enactment; defining
terms; establishing a required minimum percentage of actively
contributing members of the Teachers' Defined Contribution
Retirement System electing to transfer for the authorization of the
transfers; providing for notice, education and record-keeping
requirements; providing for classes and seminars and access to
schools; establishing the first day of July, two thousand eight, as
the effective date for the transfer; providing for the transfer of
service credit and the payment of the actuarial reserve to obtain
service credit; establishing the earliest date transferees can
retire; establishing processes for members of the Teachers' Defined
Contribution Retirement System to elect transfer; allowing the
Consolidated Public Retirement Board to contract for professional
services; establishing a procedure to allow worksite supervisors to
collect the transfer documents; providing for effect of transfers
on domestic relations orders and vesting; providing guaranteed
minimum benefits; and providing for funding to offset any
additional unfunded actuarially accrued liability.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Boley,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: McKenzie and Sprouse--2.
Absent: Sharpe--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4496) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5:30
p.m. today.
Upon expiration of the recess, the Senate reconvened and
proceeded to the ninth order of business.
Eng. Com. Sub. for House Bill No. 2881, Providing that antique
motor vehicles may be used for occasional recreational driving.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4019, Relating to civil actions filed in
the courts of the state.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4028, Authorizing counties
and municipalities to enter into contracts for energy-savings.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4069, Requiring vision screening for
renewal of a driver's license.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 4080, Relating to funds held for
charitable purposes by nonprofit, charitable institutions.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4099, Allowing certain
vehicles designated by the Secretary of the Department of Military
Affairs and Public Safety to use red flashing lights.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4124, Adding CPR and First
Aid training to the health education curriculum in secondary
schools.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4137, Clarifying that a
municipality and county will be notified by an insurance company
when a total loss to a structure occurs.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page two, section nine-a, line three, by striking out the
word "or" and inserting in lieu thereof the word "and";
And,
On page two, section nine-a, line eight, by striking out the
word "or" and inserting in lieu thereof the word "and".
The bill (Eng. Com. Sub. for H. B. No. 4137), as amended, was
then ordered to third reading.
Eng. House Bill No. 4141, Providing that written status
reports on civil actions brought against state government agencies
are required only as requested by the President of the Senate and
Speaker of the House.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Kessler, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. Com. Sub. for House Bill No. 4206, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4209, Authorizing the
Department of Administration to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 1. GENERAL LEGISLATIVE AUTHORIZATION.
§64-1-1. Legislative authorization.
Under the provisions of article three, chapter twenty-nine-a
of the Code of West Virginia, the Legislature expressly authorizes
the promulgation of the rules described in articles two through
eleven, inclusive, of this chapter, subject only to the limitations
set forth with respect to each such rule in the section or sections
of this chapter authorizing its promulgation. Legislative rules
promulgated pursuant to the provisions of articles one through
eleven, inclusive, of this chapter in effect at the effective date
of this section shall continue in full force and effect until
reauthorized in this chapter by legislative enactment or until
amended by emergency rule pursuant to the provisions of article
three, chapter twenty-nine-a of this code.
ARTICLE 2. AUTHORIZATION FOR DEPARTMENT OF ADMINISTRATION TO
PROMULGATE LEGISLATIVE RULES.
§64-2-1. Department of Administration.
(a)
The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eleven, article ten, chapter five-a of
this code, modified by the Department of Administration to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the second day of November, two
thousand seven, relating to the Department of Administration
(leasing of space and acquisition of real property on behalf of
state spending units, 148 CSR 19), is authorized
with the following amendment:
On page four, subdivision 5.3.b, at the beginning of the
second line of the subdivision, by striking the words "limited
liability company";
On page four, following subsection 5.3.b, by inserting a new
subsection 5.3.c as follows and relettering the remaining
subdivisions:
"5.3.c. When the lessor is a limited liability company which
is member managed, any member authorized to bind the limited
liability company shall execute the lease. When the lessor is a
limited liability company which is manager managed, the manager
shall execute the lease on behalf of the limited liability
company.";
On page six, subdivision 9.8.a, at the beginning of the second
line of the subdivision, by striking the words "limited liability
company";
And,
On page six, following subdivision 9.8.a, by inserting a new
subdivision 9.8.a as follows and relettering the remaining
subdivisions:
"9.8.a. When the seller is a limited liability company which
is member managed, any member authorized to bind the limited
liability company shall execute the contract. When the seller is
a limited liability company which is manager managed, the manager
shall execute the contract on behalf of the limited liability
company."
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article three, chapter five-a of
this code, relating to the Department of Administration (leasing
space on behalf of state spending units, 148 CSR 2), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section four, article eleven, chapter five-a of
this code, modified by the Department of Administration to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-first day of December,
two thousand seven, relating to the Department of Administration
(controlling the Public Land Corporation's sale, lease, exchange or
transfer of lands and minerals, 148 CSR 20), is authorized with the
following amendments:
On page one, subsection 2.4, following the words "appraisal
made by" by striking the remainder of the subsection and inserting
in lieu thereof the words "the Real Estate Division using the
principles contained in the current Uniform Appraisal Standards for
Federal Land Acquisitions published under the auspices of the
Interagency Land Acquisition Conference" and a period;
On page one, subsection 2.5, by striking the subsection in its
entirety and renumbering the remaining subsections;
On page one, subsection 2.7, following the words "Public Land
Corporation", by inserting the words "or corporation";
On page one, subsection 2.8, following the word "be" by striking the word "the";
On page one, subsection 2.8, following the word "appointed" by
inserting the words "by the";
On page one, subdivision 3.1.a, at the end of the second line
of the subdivision, by striking the word "independent";
And,
On page one, subdivision 3.1.b, on the sixth line of the
subdivision, following words "shall be", by striking the word
"available" and inserting in lieu thereof the words "made available
by the corporation".
§64-2-2. Division of Personnel.
(a) The legislative rule filed in the State Register on the
thirty-first day of July, one thousand nine hundred ninety-five,
authorized under the authority of section twenty-seven, article
six, chapter twenty-nine of this code, authorized for promulgation
by the Legislature on the ninth day of March, one thousand nine
hundred ninety-four, and refiled in the State Register on the
twentieth day of May, one thousand nine hundred ninety-six,
relating to the Division of Personnel (leave donation program, 143
CSR 2), is authorized with the following amendments:
On page one, section two, following subsection 2.2. by adding
a new subsection 2.3. to read as follows:
2.3. Banking or banked donated leave means annual leave in
excess of forty (40) days which has been accumulated as of the last
day of December in any year by any employee and contributed to the
donated leave program;
And renumbering the remaining subsections in section 2;
And,
On page three, section five, following subdivision 5.1.f. by
adding a new subdivision 1.g. to read as follows:
g. Any employee may contribute accrued annual leave which is
in excess of forty (40) days at the end of the year to a donated
leave bank maintained by each appointing authority. Banked donated
leave must be used prior to accepting other leave donations for an
eligible employee. Banked leave expires if not donated within six
(6) months of being banked.
§64-2-3. Consolidated Public Retirement Board.
(a)
The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (general
provisions, 162 CSR 1), is authorized.
(b) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (benefit
determination and appeal, 162 CSR 2), is authorized with the
following amendments:
On page one, subsection 2.3, by striking out the language of
the subsection and inserting in lieu thereof the following: "After
a member receives either a lump sum distribution of contributions
or the initial payment of a retirement benefit from the retirement system in which the member was or is a participant, the member is
not eligible to apply for or receive disability retirement
benefits.";
On page one, subsection 3.1, line twelve, following the word
"physician", by inserting the word "licensed";
On page four, subsection 6.3, in the last sentence of the
subsection, by striking out the words "Consolidated Public
Retirement";
And,
On page four, subsection 6.3, in the last line of the
subsection, following the word "Board", by inserting the word
"staff".
(c) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (Teachers
Defined Contribution System, 162 CSR 3), is authorized.
(d) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (Teachers'
Retirement System, 162 CSR 4), is authorized
with the following
amendment:
On page seven, subsection 8.4, line three, following the words
"calendar month", by striking out the words "being reported" and
inserting in lieu thereof the words "for which the payment is made".
(e) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
modified by the Consolidated Public Retirement Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the second day of November, two
thousand seven, relating to the Consolidated Public Retirement
Board (Public Employees Retirement System, 162 CSR 5), is
authorized.
(f) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (refund,
reinstatement, retroactive service and loan interest factors, 162
CSR 7), is authorized
with the following amendment:
On page five, subsection 6.3, line three, following the words
"calendar month", by striking out the words "being reported" and
inserting in lieu thereof the words "for which the payment is
made".
(g) The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
modified by the Consolidated Public Retirement Board to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the fourth day of January, two thousand eight, relating to the Consolidated Public Retirement
Board (West Virginia State Police, 162 CSR 9), is authorized.
(h)
The legislative rule filed in the State Register on the
twenty-fourth day of July, two thousand seven, authorized under the
authority of section one, article ten-d, chapter five of this code,
relating to the Consolidated Public Retirement Board (Deputy
Sheriff Retirement System, 162 CSR 10), is authorized.
§64-9-4. Ethics Commission.
The legislative rule filed in the State Register on the
twenty-sixth day of July, two thousand seven, authorized under the
authority of section two, article two, chapter six-b of this code,
modified by the Ethics Commission to meet the objections of the
Legislative Rule-Making Review Committee and refiled in the State
Register on the fifteenth day of January, two thousand eight,
relating to the Ethics Commission (solicitation and receipt of
gifts and charitable contributions by public employees and
officials, 158 CSR 7), is authorized with the following amendments:
On page six, section six, by deleting subsections 6.8 and 6.9
in their entirety and inserting in lieu thereof the following:
"6.8. Fund-raising activities based on an exchange of value
are not gift solicitations and are permissible."
On page six, section six by renumbering the remaining
subsection;
On page six, section seven, subdivision 7.1.a., after the word
"months" by adding the following:
"This subsection does not apply to purely law enforcement agencies, officials or employees who do not actually regulate or
exercise regulatory control over other persons but merely enforce
existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.2., after the word
"agency" by adding the following:
"This subsection does not apply to purely law enforcement
agencies, officials or employees who do not actually regulate or
exercise regulatory control over other persons but merely enforce
existing laws and rules as to all applicable persons";
On page six, section seven, subsection 7.4, by deleting the
words "or infer";
On pages six and seven, section seven by deleting subsections
7.5 and 7.6 in their entirety;
On page seven, section eight, subsection 8.3, by deleting the
subsection in its entirety and inserting in lieu thereof the
following:
"8.3 Law enforcement officers may not solicit for charity
while in uniform except as otherwise provided for in this rule, but
may show identification upon request.";
On page seven, section eight, subsection 8.4, by deleting the
comma and the words "employees or members of an association of law
enforcement officers" and inserting in lieu thereof the following
words "or employees";
On pages seven and eight, section eight, subsection 8.5, by
deleting the subsection in its entirety and inserting in lieu
thereof the following:
"Law enforcement officers or associations composed of law
enforcement officers may not provide signs, stickers, decals or
other items of display by individual donors showing whether or not
a donation has been made on account of any charitable contribution
solicited on behalf of law enforcement officers or their
association, unless the signs, stickers, decals or other items of
display contain the following disclaimer: 'The holder of this item
is not entitled to any special treatment.'; Provided, That
certificates, plaques or other items of display which are not
intended for display on motor vehicles may be distributed to donors
without the inclusion of the disclaimer; Provided, However, That an
association may provide to its members who are currently serving as
law enforcement officers, or who previously served as law
enforcement officers, a sign, sticker, decal or other item of
display, including those items intended for display in a motor
vehicle, which demonstrate that a present or former law enforcement
officer is a member of an association or fraternal group primarily
composed of law enforcement officers, without the inclusion of the
disclaimer."
;
On page eight, section eight, subsection 8.7, by deleting the
subsection in its entirety and inserting in lieu thereof the
following:
"8.7 Law enforcement officers may not pick up a donation while
in uniform except as otherwise provider for in this rule.";
And,
On page eight, section eight, subsection 8.8, by deleting the words "such as a sale of baked goods or a car wash".
The bill (Eng. Com. Sub. for H. B. No. 4209), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4244, Authorizing the
Department of Transportation to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
B
y striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 8. AUTHORIZATION FOR THE DEPARTMENT OF TRANSPORTATION TO
PROMULGATE LEGISLATIVE RULES.
§64-8-1. Division of Highways.
(a) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen of
this code, modified by the Commissioner of Highways to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twenty-sixth day of December,
two thousand seven, relating to the Commissioner of Highways
(construction and reconstruction of state roads, 157 CSR 3), is
authorized.
(b) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen of this code, relating to the Commissioner of Highways (traffic and
safety rules, 157 CSR 5), is authorized.
(c) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section eight, article two-a, chapter seventeen of
this code, relating to the Commissioner of Highways (use of state
road rights-of-way and adjacent areas, 157 CSR 6), is authorized
with the following amendment:
On page ten, paragraph 3.8.d.3, after the words "W. Va. Code",
by striking the citation "§17-4-17b(d)(4)" and inserting in lieu
thereof the following: "§17-4-17b(d)".
(d) The legislative rule filed in the State Register on the
twenty-seventh day of July, two thousand seven, authorized under
the authority of section seven, article eighteen, chapter twenty-
two of this code, relating to the Commissioner of Highways
(transportation of hazardous wastes upon the roads and highways,
157 CSR 7), is authorized.
§64-8-2. Division of Motor Vehicles.
(a) The legislative rule filed in the State Register on the
twenty-fifth day of July, two thousand seven, authorized under the
authority of section five, article two, chapter seventeen-b of this
code, modified by the Division of Motor Vehicles to meet the
objections of the Legislative Rule-Making Review Committee and
refiled in the State Register on the twentieth day of December, two
thousand seven, relating to the Division of Motor Vehicles
(examination and issuance of driver's licences, 91 CSR 4), is authorized with the following amendments:
On page 3, paragraph 3.9, after the words "address of the
applicant's", by striking the word "principle" and inserting in
lieu thereof the word "principal";
And,
On page 3, by striking out subdivision 3.9.a. in its entirety,
and inserting in lieu thereof the following:
"3.9.a. An applicant who can verify that his or her principal
residence is physically located in West Virginia but who has no
fixed or designated address to which mail can be delivered by the
United States Postal Service and who must use another address for
purposes of receiving mail;".
(b) The legislative rule filed in the State Register on the
first day of November, two thousand seven, authorized under the
authority of section twelve, article two-a, chapter seventeen-b of
this code, relating to the Division of Motor Vehicles (the
disclosure of information from the files of Division of Motor
Vehicles, 91 CSR 8), is authorized.
The bill (Eng. Com. Sub. for H. B. No. 4244), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4355, Allowing
Hatfield-McCoy Regional Recreation Authority to retain civil
penalties imposed for violation of authority rules.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4368, Reducing acts of student violence and disruptive behavior and increasing penalties
for chronically disruptive students.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. House Bill No. 4482, Allowing payments from the Parkways
Authority to the Hatfield-McCoy Regional Recreational Authority to
continue past the nine-year limitation.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Caruth, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Eng. House Bill No. 4490, Finding and declaring certain claims
against the state and its agencies to be moral obligations of the
state.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 4500, Providing qualified
entities access to the West Virginia Central Abuse Registry.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
O
n page eight, section nine, line eight, by striking out the
words "and employees";
And,
On page eight, section nine, line eleven, by striking out the
words "the child, disabled or elderly person" and inserting in lieu
thereof the words "children or disabled or elderly persons".
The bill (Eng. Com. Sub. for H. B. No. 4500), as amended, was
then ordered to third reading.
Eng. House Bill No. 4557, Relating to continuing education for
insurance producers.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Oliverio, the following amendment to the
bill was reported by the Clerk and adopted:
O
n page six, section eight, line seventy-nine, after the word
"instruction." by inserting the following: Subject to approval by
the commissioner, the active annual membership of the individual
insurance producer in local, regional, state or national
professional insurance organizations or associations may be
approved for up to two annual hours of instruction. These hours
shall be credited upon timely filing with the commissioner or his
or her designee appropriate written evidence acceptable to the
commissioner of the active membership in the organization or
association.
The bill (Eng. H. B. No. 4557), as amended, was then ordered to third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Eng. House Bill No. 4072, Clarifying that the Board of
Registration for Professional Engineers is subject to a regulatory
board review.
Eng. House Bill No. 4073, Clarifying that the Board of
Examinations in Counseling is subject to a regulatory board review.
Eng. Com. Sub. for House Bill No. 4079, Relating to
Professional Employer Organizations.
Eng. Com. Sub. for House Bill No. 4082, Relating to the Public
Employees Retirement System.
Eng. House Bill No. 4085, Relating to regulatory review of the
West Virginia Acupuncture Board.
Eng. Com. Sub. for House Bill No. 4304, Revised Anatomical
Gift Act.
Eng. Com. Sub. for House Bill No. 4344, Relating to the
criminal offense of cruelty to animals.
Eng. Com. Sub. for House Bill No. 4423, Ensuring that beer
kegs are not considered scrap metal unless received directly from
a beer manufacturer.
Eng. House Bill No. 4464, Adding more exemptions to the
requirement that a foreign corporation obtain a certificate of
authority before conducting affairs in the state.
Eng. House Bill No. 4512, Providing classifications of licensees to be licensed by the State Fire Marshal to engage in
fire protection work.
Eng. Com. Sub. for House Bill No. 4570, Authorizing regional
jail employees to carry a firearm after receiving appropriate
certification.
And,
Eng. Com. Sub. for House Bill No. 4613, Increasing protection
to beneficiaries of structured settlements as they relate to
settlement transfers.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 2, Requesting Joint Committee
on Government and Finance study tourism opportunities in
less-developed counties.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
Senator Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study Universal Voluntary Accounts
Program.
Com. Sub. for Senate Concurrent Resolution No. 60, Requesting
Joint Committee on Government and Finance study armed forces
retirement service credit.
And,
Senate Concurrent Resolution No. 69, Requesting Joint
Committee on Government and Finance study judicial elections.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 66, Requesting Division of
Highways name bridge in Ashford, Boone County, "Barry Lutsy
Memorial Bridge".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 66 (originating
in the Committee on Transportation and Infrastructure)--Requesting
the Division of Highways name bridge number 03-01-8.23 crossing the
Big Coal River in Ashford, Boone County, the "Barry Lutsy Memorial
Bridge".
Whereas, Barry Lutsy was a long-time member of the Racine
Volunteer Fire Department; and
Whereas, Barry Lutsy was married to his beloved wife, Debra,
with whom he shared the joy of having two children, Jeremy and
Justin; and
Whereas, Sadly, Barry Lutsy was killed in the line of duty on
August 13, 2003; and
Whereas, It is fitting to honor Barry Lutsy for his service
and sacrifice to his community by naming bridge number 03-01-8.23,
crossing over the Big Coal River, in Ashford, Boone County, the
"Barry Lutsy Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 03-01-8.23 crossing the Big Coal River in Ashford,
Boone County, the "Barry Lutsy Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Barry Lutsy Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of Barry Lutsy.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 3056, Authorizing
pharmacists to administer immunizations.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3056) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3065, Relating to making
false reports of child abuse, sexual abuse and domestic violence.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3065) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4016, Updating meaning of federal adjusted
gross income and certain other terms used in West Virginia Personal
Income Tax Act.
And,
Eng. House Bill No. 4017, Updating meaning of federal taxable
income and certain other terms used in West Virginia Corporation
Net Income Tax Act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4059, Relating to medical
qualifications for school bus operators.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Education.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4059) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double
committee reference, was then referred to the Committee on
Education, with an amendment from the Committee on Health and Human
Resources pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4117, Expanding eligibility
for state minimum salary supplements for classroom teachers
achieving certain national certification.
Eng. House Bill No. 4406, Relating to state board standards
for the recommended duration of school bus transportation times for
students to and from school.
And,
Eng. House Bill No. 4449, Allowing the Higher Education Policy
Commission and WV Council for Community and Technical College
Education to enter into lease-purchase agreements.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4117, Eng. H. B.
No. 4406 and Eng. H. B. No. 4449) contained in the preceding report from the Committee on Education were each taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee references, were then referred
to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4129, Revising licensing
requirements for professional licensing boards, including
authorizing a special volunteer license for health care
professionals.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4139, Relating to licensing
persons using bioptic telescopic devices to operate a motor
vehicle.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4139) contained in
the preceding report from the Committee on Transportation and
Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4144, Relating to physician
assistants and updating language to conform to national changes.
With an amendment from the Committee on Health and Human
Resources pending;
Now on second reading, have been read a first time and
referred to the Committee on Judiciary on February 29, 2008;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4255, Authorizing the
Department of Commerce to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4255) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4307, Relating to bona fide
residents wholly or solely owning greyhounds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4307) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments from
the Committee on the Judiciary pending.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4331, Eliminating the
requirement to send surrendered driver's licenses back to the
original state of licensure.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4331) contained in
the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a
first time, ordered to second reading and, under the original
double committee reference, was then referred to the Committee on
the Judiciary, with an amendment from the Committee on
Transportation and Infrastructure pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 4388, Authorizing the West Virginia
Supreme Court of Appeals to maintain a domestic violence database.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 4388) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4389, Removing requirement
that resident violators of traffic laws be required to sign citations.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4404, Discount Medical Plan
Organizations and Discount Prescription Drug Plan Organizations
Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Banking and Insurance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4404) contained in
the preceding report from the Committee on Health and Human
Resources was taken up for immediate consideration, read a first
time, ordered to second reading and, under the original double
committee reference, was then referred to the Committee on Banking and Insurance, with an amendment from the Committee on Health and
Human Resources pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4420, Imposing corporate net
income tax on certain regulated investment companies and real
estate investment trusts used as tax sheltering vehicles.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4421, Repealing the
corporate license tax, and creating corporate license tax
replacement fees.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4421) contained in the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4588, Relating to public
school support.
And has amended same.
And,
Eng. House Bill No. 4623, Relating to establishing minimum
deductions.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 4588 and Eng. H.
B. No. 4623) contained in the preceding report from the Committee
on Education were each taken up for immediate consideration, read
a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
Finance, with amendments from the Committee on Education pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4607, Relating to special
district excise tax authorization.
And has amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 29, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 4624, Providing per diem pay
for volunteers who drive veterans to hospitals.
With amendments from the Committee on Military pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Military to which the bill was
first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4624) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 4628, Providing a tax credit for new job
creation by certain taxpayers.
And has amended same.
Now on second reading, having been referred to the Committee
on Finance on February 28, 2008;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
House Concurrent Resolution No. 41, Urging the United States
Congress to protect state regulation of the business of insurance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
House Concurrent Resolution No. 44, Urging legislative support
of communities who are committed to delivering the five fundamental
resources of America's Promise to West Virginia's youth.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 5, 2008, at 11 a.m.
____________