WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FORTY-SECOND DAY
____________
Charleston, W. Va., Tuesday, February 19, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Allen Reasons, Senior Minister,
Fifth Avenue Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Monday, February 18,
2008,
On motion of Senator Wells, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4157--A Bill to amend and
reenact §33-3-1 of the Code of West Virginia, 1931, as amended,
relating to allowing an insurer to collect premiums and otherwise service certain policies after its license is no longer in effect.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4331--A Bill to amend and
reenact §17B-2-1a, §17B-2-3a, §17B-2-5, §17B-2-6, §17B-2-7 and
§17B-2-8 of the Code of West Virginia, 1931, as amended, all
relating to the issuance of driver's licenses; disposition of
surrendered licenses; issuance of an identification card to
applicants who possess a valid driver's license; providing a
reduced criminal penalty for violating the terms and conditions of
a level one or level two graduated driver's license; defining
exceptions for the use of the address of principle residence;
removing an obsolete provision related to the issuance of a
driver's license without a photo; providing for the use of a
passport in lieu of a birth certificate; requiring an applicant to
pay a fee for the third and subsequent attempt at the written
examination prior to obtaining an instruction permit; and extending
the validity of instruction permits from sixty days to ninety days.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4512--A Bill to amend and reenact §29-3D-2
of the Code of West Virginia, 1931, as amended, relating to
providing classifications of licensees to be licensed by the State
Fire Marshal to engage in fire protection work.
Referred to the Committee on Government Organization.
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. 12--Designating Megalonyx
Jeffersonii as the official state fossil.
Whereas, No fossil has been designated as the official state
fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become
increasingly widespread throughout the citizenry of this state,
there currently being fossil, rock and gem clubs already organized
in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and
described fossil bones from a limestone cave in what is now Monroe
County; and
Whereas, These bones were again described by Casper Wistar in
1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx Jeffersonnii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age or Pleistocene Epoch
which lasted from 10,000 to 1.8 million years ago; and
Whereas, The designation of a state fossil would aid in the
promotion of interest in geology, paleontology and history; and
Whereas, The bones afford an opportunity for special studies
in American, State, and natural history for the students of the
state; and
Whereas, Thirty-nine of the fifty states have an official
state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That the fossil Megalonyx Jeffersonnii be declared and hereby
designated as the official fossil of the State of West Virginia;
and, be it
Further Resolved, That the Clerk of the House of Delegates is
hereby requested to forward official copies of this resolution to
the citizens and schools in the state.
Referred to the Committee on Natural Resources.
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. 19--Requesting the Division of
Highways to rename Heritage Road, specifically Lincoln County Route
13/7, to "Guy Gillenwater Hollow".
Whereas, Guy Gillenwater grew up on Heritage Road which is
located off Yeager Highway, Rt. S214 at Yawkey in Lincoln County
approximately 8 miles at the foot of Sumerco Mountain; and
Whereas, Guy Gillenwater was one of thirteen brothers and
sisters; and
Whereas, Guy Gillenwater was an outstanding and loyal citizen
of the community who helped everyone in any way he could; and
Whereas, Guy Gillenwater was a loving husband and loving
father who raised nine children, all of whom graduated from high
school and currently live in the same vicinity; and
Whereas, Guy Gillenwater served in the Coal Conservation Camp
during the depression and would send money home to help support his
family; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature request the Division of Highways to
rename Lincoln County Route 13/7 in Yawkey, "Guy Gillenwater
Hollow"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to erect appropriate signage at both ends of the road;
and, be it
Further Resolved, That the Clerk of the House of Delegates
forward a certified copy of this Resolution to the Commissioner of
Highways, the Lincoln County Commission and Guy Gillenwater.
Referred to the Committee on Transportation and Infrastructure.
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. 31--Requesting that bridge
number 22-119-7.99(3179) located on Route 119 South immediately
after crossing the Lincoln County line, be named the "Sgt. James
Allen May Memorial Bridge".
Whereas, James Allen May was born and lived in Lincoln County,
West Virginia and served admirably in the United States Marine
Corps; and
Whereas, While serving in Vietnam, Sgt. May's company came
under enemy fire, and he exhibited extreme valor and bravery
following the death of the company commander; and
Whereas, Even though gravely wounded, James Allen May acted
with selfless bravery for his country; and
Whereas, James Allen May was awarded the Silver Star Medal for
gallantry and intrepidity in action for his service in the Vietnam
War, as well as the Purple Heart for the serious injuries he
sustained; and
Whereas, The State of West Virginia is grateful and proud of
the service of Sgt. James Allen May; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 22-119-7.99(3179) located on Route 119 south just
after crossing the Lincoln County Line, the "Sgt. James Allen May
Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of
Highways is hereby requested to cause to be fabricated signs to be
erected at each entry of said bridge, containing bold and prominent
letters proclaiming the bridge to be the "Sgt. James Allen May
Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the House of Delegates
forward certified copies of this resolution to the Commissioner of
the Division of Highways, the United Mine Workers of America, and
members of Sgt. James Allen May's family.
Referred to the Committee on Transportation and
Infrastructure.
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. 34--Requesting the Joint
Committee on Government and Finance study a four day work week
consisting of ten hour days for city, county and state employees.
Whereas, Access to government entities is necessary and vital
to effective and efficient government services; and
Whereas, Normal business hours limit peoples ability to access
their government because citizens of this state are working during those hours too; and
Whereas, The rising cost of gas prices puts a strain on
government employees finances and limiting the number of times they
must drive to work will leave more income at their disposal;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effect a four day work week consisting of
ten hour days for city, county and state employees would have on
government access; 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.
Referred to the Committee on Finance; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 35--Requesting the Division of
Highways to name the Dickson beam-span bridge, crossing Twelve Pole
Creek, just off Route 152, Dickson, West Virginia, identification
#50-152-3839 (3542), the "Noah Stephens Bridge".
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 Two, 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, just
off 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.
Referred to the Committee on Transportation and
Infrastructure.
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. 42--Providing for the renaming
of Fairgrounds Road located in Cabell County "Bill Blenko Drive".
Whereas, William Blenko, a West Virginian, was born in Lanchester, Ohio, on May 24th, 1921; and
Whereas, The Blenko Glass Company is a vital part for both the
Milton area and the State of West Virginia; and
Whereas, Mr. Blenko has worked tirelessly promoting the Blenko
Glass Company and Milton, West Virginia. The fans and supporters
of Blenko Glass Company wish to express their fondness and
appreciation of Mr. William H. Blenko Jr.; and
Whereas, William Blenko took over the helm of Blenko Glass
after his father William H. Blenko Sr. passed away in 1969. Hard
work and fair deals were the ethos of Mr. Blenko, learned not only
from his father, but his grandfather as well. He steered his
company from uncertainty to stability and success. Today, he is
leading the company into this new millennium with the same
determination that has made Blenko Glass the leading business in
Milton, West Virginia, since 1921; and
Whereas, When so many factories closed and moved to other
locales, Mr. Blenko held firm in his belief that Blenko Glass would
not be Blenko Glass anywhere but in Milton, West Virginia. His
devotion to Milton and its people has created a symbiotic
relationship between factory and township; and
Whereas, Even today Mr. Blenko continues helping his beloved
Milton, West Virginia. Ever mindful of possibilities Mr. Blenko
has tied any company cooperation with collectors with this most
important point: Fans and collectors of the famous Blenko Glass must come to Milton, West Virginia, for their annual convention;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to rename
Fairgrounds Road located in Cabell County "Bill Blenko Drive"; and,
be it
Further Resolved, That the Clerk of the House of Delegates
forward a copy of this resolution to the Secretary of the
Department of Transportation and the family of William H. Blenko.
Referred to the Committee on Transportation and
Infrastructure.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 15, 2008
Senate Executive Message No. 4
TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Director, Division of Personnel, Otis Cox, Webster
Springs, Webster County, to serve at the will and pleasure of the
Governor.
2.For Member, Board of Pharmacy, Rebekah Cookman, Romney,
Hampshire County, for the term ending June 30, 2012.
Notice of these appointments was previously provided to the
appropriate legislative staff at the time the appointments were
made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was referred to the Committee on
Confirmations and incorporated with the executive nominations
received earlier this session; all to be considered as a special
order of business for Saturday, March 8, 2008, at 11 a.m.
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
Senate Joint Resolution No. 12, Proposing amendment to
Constitution designated Manufacturing Inventory and Tangible
Personal Property Tax Exemption Amendment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Joint Resolution No. 12 (originating in
the Committee on the Judiciary)--Proposing an amendment to the
Constitution of the State of West Virginia, amending article X
thereof, by adding thereto a new section, designated section one-d,
relating to authorizing the exemption from ad valorem taxation of
personal property in the form of manufacturing inventory;
authorizing the exemption from ad valorem taxation of other
tangible personal property; numbering and designating such proposed
amendment; and providing a summarized statement of the purpose of
such proposed amendment.
With the recommendation that the committee substitute be
adopted; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The resolution (Com. Sub. for S. J. R. No. 12), under the
original double committee reference, was then referred to the
Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 265, Creating Special Aircraft Property Valuation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 265 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-4a, §11-6H-5, §11-6H-5a,
§11-6H-6 and §11-6H-7, all relating to the method of valuation of
certain aircraft; providing definitions; providing methodology for
valuation of certain aircraft; stating that the initial
determination of valuation is to be made by the county assessor;
providing for an initial determination by the Board of Public Works
for certain aircraft; authorizing the protest and appeal of the
assessor's decision; providing for an appeal to the Board of Public
Works; requiring an economic report on the economic benefit of the
valuation methodology; and providing an effective date.
And,
Senate Bill No. 474, Creating limited sales tax holiday for
certain Energy Star appliance purchases.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 474 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-15-9j, relating to providing a limited annual exemption from
the consumers sales and service tax for purchases of eligible
specified exempt Energy Star qualified products; specifying time
period for exemption; and specifying definition.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 462, Raising mental health refusal age of
consent.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 462 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §27-4-1
and §27-4-3 of the Code of West Virginia, 1931, as amended, all
relating to raising the age of consent that a minor may refuse
mental health treatment from twelve to eighteen; and clarifying
that the state not be obligated to pay for voluntary
hospitalization.
With the recommendation that the committee substitute do pass.
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
Senate Bill No. 493, Granting emergency election powers to
Secretary of State.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 493 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1A-6 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Secretary of State to implement emergency
procedures to ensure the integrity of the election process in times
of natural disaster, terrorist attack, war or general emergency.
Senate Bill No. 494, Providing voter verification through
electronic poll book.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 494 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-4A-2,
§3-4A-10, §3-4A-13, §3-4A-16, §3-4A-17, §3-4A-19, §3-4A-28 and §3-
4A-33 of the Code of West Virginia, 1931, as amended, all relating to allowing election officials to use an electronic poll book
containing voter registration information to verify that registered
voters are eligible to vote in an election; defining terms;
providing for storage, protection and maintenance of electronic
poll books by county clerk; providing for use of electronic poll
book to verify eligibility of voter; requiring election official to
notify person not shown in electronic poll book to eligible to vote
of the correct precinct; requiring pre-election examination of
electronic poll books; and requiring use of printed poll book if
electronic poll book is not in working order.
And,
Senate Bill No. 495, Requiring certain poll worker training.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 495 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §3-1-46 of
the Code of West Virginia, 1931, as amended, relating to requiring
training programs for election officials to be conducted within
thirty days before an election.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first
be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bills (Com. Sub. for S. B. Nos. 493, 494 and 495), under
the original double committee references, were then referred to the
Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 595, Establishing education goals and
objectives for 2020.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 667, Relating to policemen's and firemen's
pension and relief funds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 667 (originating in the
Committee on Pensions)--A Bill to amend and reenact §8-22-16, §8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a, §8-22-
23a, §8-22-25, §8-22-26a and §8-22-27 of the Code of West Virginia,
1931, as amended; to amend said code by adding thereto three new
sections, designated §8-22-18a, §8-22-18b and §8-22-19b; and to
amend and reenact §33-3-14d and §33-3-33 of said code, all relating
to municipal policemen's and firemen's pension and relief funds;
amending calculation of overtime for compensation and average
adjusted salary for new employees; requiring additional duties of
fund trustees; creating the West Virginia Municipal Pensions
Oversight Board; specifying powers, duties, liabilities and
compensation of oversight board members; requiring reporting on
local pension funds' investment returns; creating the West Virginia
Municipal Pensions Security Fund; transferring certain duties from
the State Treasurer to the oversight board and providing for
efficient transition; requiring municipal contributions on a
monthly basis; requiring deposits of certain revenues within five
days of receipt; increasing employee contributions to the pension
and relief funds for new employees to nine and one-half percent of
salary and permitting voluntary, irrevocable increases over two
years for existing active members; requiring increased volunteer
contributions to receive certain insurance premium tax revenues;
setting times for deposits; requiring certain payments by
electronic funds transfer; providing for education, notice and
agreement to increase member contributions over two years; reducing time to qualify for insurance premium tax revenues from three years
to eighteen months; providing for annual actuarial report, for
periodic review of the actuarial process and for periodic actuarial
audit; setting minimum standards for annual municipality
contributions to pension funds; establishing target funding ratios
of eighty, ninety and one hundred percent of unfunded liabilities;
requiring municipal contributions based on demographic and
investment experience; eliminating alternative funding method;
defining terms; providing for contract actuary; requiring report;
authorizing local pension boards of trustees to investment with the
state Investment Management Board and Board of Treasury
Investments; requiring compliance with the Uniform Prudent Investor
Act; amending authorized investments; requiring reporting of
municipal board's investment policy; requiring reporting of fees
and transactions costs; providing for disability examinations;
restricting access by examining physician to prior disability
examination reports; requiring completion of investigation of
charge and implementation of disciplinary action by board of
trustees prior to consideration of disability retirement;
authorizing light-duty work at discretion of the municipality and
the employee; requiring reports on disability retirements;
providing for vesting after ten years; clarifying supplemental
benefits; defining solvency; clarifying military service credit;
reallocating revenues from the additional fire and casualty insurance premium tax and returning surcharge on fire and casualty
insurance policies to one percent to benefit municipal policemen's
and firemen's pensions and relief funds; providing for deposits
into Municipal Pensions Security Fund and for transfer of duties to
Municipal Pensions Oversight Board; providing for interest;
requiring information sharing; establishing minimum standards for
employer contributions to plans funded at one hundred ten percent
or more; restricting premium tax revenue to plans funded less than
one hundred ten percent of accrued liability; providing for
disbursement by Insurance Commissioner; providing for interest;
providing for retention and investment of certain funds from
insurance policy surcharge for five years for the benefit of
municipal policemen's and firemen's pension and relief funds;
setting requirements to qualify for insurance premium surcharge
proceeds; providing for distribution; and setting dates.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 667), under the original
double committee reference, was then referred to the Committee on
Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Beaver, Raleigh County, "Major Jeff L.
Davis 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. 18, Requesting Division of
Highways name bridge in Martinsburg, Berkeley County, "Dr. C.
Vincent Townsend, Sr., 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. 22, Requesting Division of
Highways name bridge in Clarksburg, Harrison County, "PFC Hotty
Herrick 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. 30, Requesting Division of
Highways name section of Interstate 70 in Wheeling, Ohio County,
"Doc and Chickie Williams Country Music Royal Couple Highway".
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. 37, Requesting Division of
Highways name bridge in Diana, Webster County, "David Daniel
Hamrick 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. 38, Requesting Division of
Highways name bridge in Trace Fork, Kanawha County, "Private Clinton Griffith and Staff Sergeant Jack Griffith 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. 39, Requesting Division of
Highways name bridge in Hemphill, McDowell County, "Charles Spencer
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. 40, Requesting Division of
Highways name bridge in Cabell County, "Phyllis E. Given 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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 145, Relating to reasonable
force in defense of self, real and personal property.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 145) 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, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 145) 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 Com. Sub. for Senate Bill No. 201,
Providing terms for certain retirement benefits disqualification.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 201) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 207, Relating to Deputy Sheriff Retirement System Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 207) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 208, Clarifying all
Consolidated Public Retirement Board systems are included in
employer pick-up provisions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 208) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 301, Relating to State
Police Retirement Fund.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 301) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 545, Relating to tax
administration efficiency.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 545) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 596, Relating to
Streamlined Sales and Use Tax Agreement.
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, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt,
Unger, Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 596) 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, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, McCabe, McKenzie,
Minard, Oliverio, Plymale, Prezioso, Stollings, Sypolt, Unger,
Wells, White, Yoder and Tomblin (Mr. President)--30.
The nays were: Deem and Sprouse--2.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 596) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 673, Making supplementary appropriation to Department of Health and Human Resources.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 673) 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, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 673) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 674, Making supplementary appropriation
to Department of Administration and Department of Military Affairs
and Public Safety.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 674) 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, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 674) 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. 4327, Relating to charitable
bingo and updating the maximum wage allowed to reflect changes in
state minimum wage.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Love and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4327) 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. 4327--A Bill to amend and
reenact §47-20-12a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §47-21-12 of said code, all relating to
charitable bingo and charitable raffles; amending the range of
compensation which may be paid to operators of charitable bingo and
charitable raffles; and amending the range of compensation which
may be paid to concession workers.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 13, Relating to
Dental Practice Act generally.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 156, Providing tuition waivers
for children and spouses of certain National Guard and active duty
military personnel.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 165, Relating to school employees' donated
personal leave days.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Facemyer, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 305, Clarifying procedures for
seizing neglected or abused animals.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Barnes, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Senate Bill No. 317, Updating physician and podiatrist
licensing requirements.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Government Organization, was reported by the Clerk and adopted:
On page ten, section ten, after line one hundred sixty-two, by
inserting two new subsections, to read as follows:
(e) Notwithstanding any of the provisions of this article, the
board may issue a restricted license to an applicant in
extraordinary circumstances under the following conditions:
(1) Upon a finding by the board that based on the applicant's
exceptional education, training and practice credentials, the applicant's practice in the state would be beneficial to the public
welfare;
(2) Upon a finding by the board that the applicant's
education, training and practice credentials are substantially
equivalent to the requirements of licensure established in this
article;
(3) Upon a finding by the board that the applicant received
his or her post-graduate medical training outside of the United
States and its territories;
(4) That the restricted license issued under extraordinary
circumstances is approved by a vote of three fourths of the members
of the board;
(5) That orders denying applications for a restricted license
under this subsection are not appealable; and
(6) That the board report to the President of the Senate and
the Speaker of the House of Delegates all decisions made pursuant
to this subsection and the reasons for those decisions.
(f) The board shall propose rules for legislative approval in
accordance with the provisions of article three, chapter twenty-
nine-a of this code that establish and regulate the restricted
license issued to an applicant in extraordinary circumstances
pursuant to the provisions of this section.;
And,
Relettering the remaining subsections.
The bill (S. B. No. 317), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 325, Relating to state employee
deferred compensation plan.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 465, Eliminating Business Franchise Tax.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Helmick, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 519, Extending Hazardous Waste
Material Management Fee Fund sunset provision.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 570, Allowing county commissions' involvement
in joint development efforts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 579, Appointing additional
nonresident members to Bluefield's sanitary board.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 606, Requiring hiring preference for summer
school program positions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 185, Clarifying mental
conditions which prohibit firearms' possession and creating state
registry of such persons.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 590, Protecting health care
workers.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 775, Relating to state parks and state
forests.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Caruth, Oliverio, McCabe,
Facemyer, Sprouse, Hunter, Bowman and Stollings.
Thereafter, at the request of Senator Barnes, and by unanimous
consent, the remarks by Senators Caruth, Facemyer, Sprouse and
Oliverio were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Love.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 20, 2008, at 11 a.m.
____________