WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
THIRTIETH DAY
____________
Charleston, W. Va., Thursday, February 7, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Evangelist Chic Barrett, Pine Grove
Church of Christ, Scott Depot, West Virginia.
Pending the reading of the Journal of Wednesday, February 6,
2008,
On motion of Senator Deem, 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.
Senator Tomblin (Mr. President) presented a communication from
the Office of Tax Appeals, submitting its annual report as required
by chapter eleven, article ten-a, section seven of the code of West
Virginia.
Which communication and report were 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
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4075--A Bill to amend and reenact §15-3A-2
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §15-3A-7, all
relating to use of video image recording devices in an Amber Alert
activation; providing for video image monitoring during Amber Alert
activations; and directing the Secretary of Military Affairs and
Public Safety to develop a plan to implement a video monitoring
system during Amber Alerts.
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. 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 the exclusion of serving as a poll worker from being
deemed a prohibited political activity.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4344--A Bill to amend and
reenact §61-8-19 of the Code of West Virginia, 1931, as amended,
relating to the criminal offense of cruelty to animals; providing
that animals be adequately sheltered; and prohibiting the tethering
or chaining of animals in a cruel manner.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 13, Relating to Dental Practice Act generally.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 13 (originating in the Committee
on Government Organization)--A Bill to amend and reenact §30-4-3,
§30-4-5, §30-4-6, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §30-4-8a, all relating to
the West Virginia Dental Practice Act; clarifying definitions,
powers of the board, rulemaking and temporary permits; authorizing
dental hygienists practice in public health settings under public
health supervision; providing that a copy of a complaint to a
dentist or dental hygienist be established by rule; establishing a special volunteer dental license; and providing civil immunity.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 13), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
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. 40, Preventing reduction of disability
pensions for certain Public Employees Retirement System members.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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. 53, Increasing exemption on retirement income
for certain retirees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 53 (originating in the Committee
on Pensions)--A Bill to amend and reenact §11-21-12 of the Code of
West Virginia, 1931, as amended, relating to the reduction of state
income taxes for certain state and federal retirees by increasing
the exemption on retirement income in calculating the adjusted
gross income for state personal income tax purposes.
And,
Senate Bill No. 285, Relating to State Police Retirement
System.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 285 (originating in the
Committee on Pensions)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§15-2-24b; to amend and reenact §15-2A-6, §15-2A-9 and §15-2A-12 of
said code; and to amend and reenact §61-7-4 of said code, all
relating to the West Virginia State Police Retirement System;
lowering the normal retirement age; eliminating any reduction in the disability benefit of a State Police officer who is disabled on
the job; increasing limit on scholarship money available to certain
surviving dependent children; raising fees for certain
finger-printing services and permits to carry deadly weapon; and
dedicating additional fees to the State Police Retirement Fund.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills (Com. Sub. for S. B. Nos. 53 and 285), 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
Senate Bill No. 310, Providing magistrates be paid equally.
And,
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.
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,
Jeffrey V. Kessler,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 320, Creating Local Government Purchasing Card
Expenditure Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 320 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto three new
sections, designated §6-9-2a, §6-9-2b and §6-9-2c; to amend said
code by adding thereto a new section, designated §7-5-7a; and to
amend and reenact §8-12-5 of said code, all relating to purchasing
card program; authorizing the participation of local governments in
a purchasing card program; and criminal penalties.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 320), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Hunter, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 369, Authorizing Department of Environmental
Protection promulgate legislative rule relating to standards of
performance for new stationary sources pursuant to 40 CFR Part 60.
Senate Bill No. 370, Authorizing Department of Environmental
Protection promulgate legislative rule relating to prevention and
control of emissions from commercial and industrial solid waste
incineration units.
Senate Bill No. 372, Authorizing Department of Environmental
Protection promulgate legislative rule relating to prevention and
control of air pollution from hazardous waste treatment, storage or
disposal facilities.
Senate Bill No. 373, Authorizing Department of Environmental Protection promulgate legislative rule relating to emission
standards for hazardous air pollutants for source categories
pursuant to 40 CRF Part 63.
Senate Bill No. 386, Authorizing Department of Environmental
Protection promulgate legislative rule relating to hazardous waste
management system.
And,
Senate Bill No. 432, Authorizing Office of Miners' Health,
Safety and Training promulgate legislative rule relating to
criteria and standards for alternative training programs for
apprentice coal mine electricians.
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 the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Hunter, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 374, Authorizing Department of Environmental Protection promulgate legislative rule relating to control of
annual nitrogen oxide emissions to mitigate interstate transport of
fine particulate matter and nitrogen oxides.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Jon Blair Hunter,
Vice Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Senator Hunter, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 381, Authorizing Department of Environmental
Protection promulgate legislative rule relating to surface mining
blasting.
And has amended same.
Senate Bill No. 382, Authorizing Department of Environmental
Protection promulgate legislative rule relating to surface mining
reclamation.
And has amended same.
And,
Senate Bill No. 391, Authorizing Department of Environmental
Protection promulgate legislative rule relating to WV/NPDES rules
for coal mining facilities.
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,
Jon Blair Hunter,
Vice Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Energy, Industry and Mining
pending.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 422, Authorizing Division of Labor promulgate
legislative rule relating to steam boiler inspection.
Senate Bill No. 423, Authorizing Division of Labor promulgate
legislative rule relating to verifying legal employment status of
workers.
And,
Senate Bill No. 424, Authorizing Division of Labor promulgate
legislative rule relating to supervision of plumbing work.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 456, Authorizing Department of Environmental
Protection promulgate legislative rule relating to antidegradation
implementation procedures.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but with the further recommendation that it first
be referred to the Committee on Finance; and then, under the original double committee reference, to the Committee on the
Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the bill (S. B. No. 456)
contained in the foregoing report from the Committee on Natural
Resources was referred to the Committee on Finance; and then, under
the original double committee reference, to the Committee on the
Judiciary, with an amendment from the Committee on Natural
Resources pending.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 466, Authorizing Water Development Authority
to administer Dam Safety Rehabilitation Revolving Fund Loan
Program.
And,
Senate Bill No. 467, Reauthorizing Dam Safety Rehabilitation
Revolving Fund.
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,
John Pat Fanning,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 477, Increasing conservation officers'
salaries.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 477 (originating in the
Committee on Natural Resources)--A Bill to amend and reenact §20-7-
1a and §20-7-1c of the Code of West Virginia, 1931, as amended, all
relating to providing an increase in length of service and base
salaries for conservation officers; and amending ranks of
conservation officers.
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,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 477), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 512, Increasing number of Records Management
and Preservation Board members.
And,
Eng. Com. Sub. for House Bill No. 4147, Relating to the
regulation of parking for state office buildings.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 4147
contained in the preceding report from the Committee on Government
Organization 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, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler,
Love, McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso,
Sprouse, Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Boley and Sharpe--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4147) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Boley 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. 4147) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bailey, Barnes, Bowman,
Caruth, Chafin, Deem, Edgell, Facemyer, Fanning, Foster, Green,
Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love, McCabe,
McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Boley 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. 4147) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 520, Authorizing municipalities' assessment
and collection of delinquent service fees.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 539, Restoring licensure exemption for certain
contractors.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 540, Providing certain volunteer emergency
medical services' personnel license waiver.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Government Organization 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
Senate Concurrent Resolution No. 20, Urging Congress pass
legislation protecting public from toxic imports.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Concurrent Resolution No. 20 (originating
in the Committee on the Judiciary)--Urging the United States
Congress pass legislation to protect the American public from toxic
and hazardous imports.
Whereas, Toxic and hazardous imports such as tires, fake
drugs, auto parts, contaminated food and pet food, toothpaste and
lead-laden baby products and children's toys are threatening the
health and safety of the American public; and
Whereas, Toxic imports are the undesirable fruit of trading with much lesser developed countries which have no incentive to
raise safety, labor or environmental standards; and
Whereas, Questionable international agreements have resulted
in the importation of products manufactured with lowered standards,
which threaten all citizens and workers and the environment in the
United States; and
Whereas, It is now time to alter course and insist that
international trade agreements raise world standards for product
safety, labor and the environment; and
Whereas, We are paying too high a price for inexpensive
imports from countries such as China; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress
to pass legislation to protect the American public from toxic and
hazardous imports; 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.
With the recommendation that the committee substitute be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Bailey and Minard:
Senate Bill No. 597--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and
§4-13-7; and to amend said code by adding thereto a new section,
designated §17A-3-25, all relating to establishing the West
Virginia Sesquicentennial Committee and Fund; membership; meetings;
compensation; powers and duties of the committee; continuation of
the committee; and special registration plates to be issued by the
Division of Motor Vehicles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Hunter and Foster:
Senate Bill No. 598--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-7-19, relating to registered nurses required in
operating rooms.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 599--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section,
designated §19-23-6a, relating to requiring greyhound race dogs to
be kept in the state for six months before they may engage in
greyhound racing training.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Foster, Wells, Kessler, Bailey, Minard,
Hunter, Jenkins and White:
Senate Bill No. 600--A Bill to amend and reenact §5-11-2,
§5-11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-11A-3,
§5-11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to
unlawful discriminatory practices; prohibiting discrimination based
upon age and sexual orientation; and defining "sexual orientation"
and "age".
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Chafin, Plymale, Jenkins,
Fanning, Stollings and Yoder:
Senate Bill No. 601--A Bill to amend and reenact §51-2-1 of
the Code of West Virginia, 1931, as amended, relating to appointing
an additional circuit court judge to the twenty-fourth judicial
circuit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Chafin, Fanning, Caruth and Yoder:
Senate Bill No. 602--A Bill to amend and reenact §51-2-1 of
the Code of West Virginia, 1931, as amended, relating to appointing
an additional circuit court judge to the ninth judicial circuit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Bailey, Chafin, Oliverio, Bowman, Stollings and
Minard:
Senate Bill No. 603--A Bill to amend and reenact §16-5S-11 of
the Code of West Virginia, 1931, as amended, relating to the
expenditure of funds appropriated from the Legislative Initiative
For the Elderly.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Bailey, Love, Kessler and Hunter:
Senate Bill No. 604--A Bill to amend and reenact §17C-13-6 of
the Code of West Virginia, 1931, as amended, relating to providing
for an expectant mother parking permit to be valid until the
newborn infant's first birthday.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators McCabe and Foster:
Senate Bill No. 605--A Bill to amend and reenact §18-9A-11 of
the Code of West Virginia, 1931, as amended, relating to computation of local share, appraisal and assessment of property;
and local library support.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Edgell and Kessler:
Senate Bill No. 606--A Bill to amend and reenact §18A-4-7c of
the Code of West Virginia, 1931, as amended, relating to requiring
county boards filling summer school program positions to give
employment preference to professional educators who are regularly
employed on a full-time basis.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale, Edgell, Love and Unger:
Senate Bill No. 607--A Bill to amend and reenact §18-5-45 of
the Code of West Virginia, 1931, as amended, relating to
professional development; increasing the employment term for
teachers; changing instructional support and enhancement days to
professional development days; allowing more of certain days to be
scheduled prior to the twenty-sixth day of August for the purposes
of preparing for the opening of school and staff development;
requiring four of certain days to be scheduled for professional
development; and requiring that professional development conducted
on certain days be consistent with the county strategic plan.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators McCabe, Kessler, Foster and Hunter:
Senate Bill No. 608--A Bill to amend and reenact §5-11-2, §5-
11-3, §5-11-4, §5-11-8, §5-11-9 and §5-11-13 of the Code of West
Virginia, 1931, as amended; and to amend and reenact §5-11A-3, §5-
11A-5, §5-11A-6 and §5-11A-7 of said code, all relating to unlawful
discriminatory practices; and prohibiting discrimination based upon
age and sexual orientation.
Referred to the Committee on the Judiciary.
By Senators McCabe, Helmick, Minard, Stollings, Love, Foster,
Plymale, Unger and Chafin:
Senate Bill No. 609--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6,
§5E-3-7, §5E-3-8 and §5E-3-9, all relating to the creation of an
innovation and development program; providing a short title and
declaration of policy; setting forth the purposes of the bill;
providing definitions; authorizing and directing the Economic
Development Authority to propose rules to implement the provisions
of the bill and provide for the effective and efficient
administration of the innovation and development program created by
this article; authorizing the authority to provide technical and
professional assistance to entrepreneurs in the state; authorizing
the authority to make qualified investments and loans; authorizing recoverable revenue credits to private investors for investments in
qualified investment companies pursuant to rules to be promulgated
by the authority; and specifying disclosure, conflict of interest
and confidentiality standards for the operation of the innovation
and development program.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Plymale, Edgell, Foster and Unger:
Senate Bill No. 610--A Bill to amend and reenact §18A-5-2 of
the Code of West Virginia, 1931, as amended, relating to Saturday
schooling; eliminating prohibition against opening school on
Saturday; and removing requirement that special classes conducted
on Saturday be conducted on a voluntary basis.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale, Edgell and Unger:
Senate Bill No. 611--A Bill to amend and reenact §18A-3-1a of
the Code of West Virginia, 1931, as amended, relating to
alternative programs for the education of teachers; removing
requirement for a minimum of eighteen hours of course work for
alternative routes to certification; and removing obsolete
language.
Referred to the Committee on Education.
By Senators Bailey and Yoder:
Senate Bill No. 612--A Bill to amend and reenact §19-23-4 of
the Code of West Virginia, 1931, as amended, relating to increasing
the State Racing Commission from three to five members; and
establishing who may serve as members.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard, Kessler and Love:
Senate Bill No. 613--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-32, relating to liquefied petroleum gas-consuming
equipment and appliances; business of selling at retail, supplying,
handling or transporting certain types of liquefied petroleum gas;
requiring certification of correctness as to design, construction
and performance of domestic and commercial liquefied petroleum gas-
consuming equipment and appliances; requiring installation of
liquefied petroleum gas-consuming appliances, equipment or other
components of a liquefied petroleum gas delivery system in
accordance with the instructions of the manufacturer of the
appliance, equipment or component; prohibiting the alteration,
modification, maintenance or repair of liquefied petroleum gas-
consuming appliances, equipment or other components of a liquefied
petroleum gas delivery system unless done in accordance with the
instructions of the manufacturer; providing protections from
liability for persons engaged in the business of selling at retail, supplying, handling or transporting liquefied petroleum gas for
acts in which they did not participate; and using existing criminal
penalty provisions for violations.
Referred to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 614--A Bill to amend and reenact §8A-7-10 of
the Code of West Virginia, 1931, as amended, relating to growth
county development.
Referred to the Committee on Economic Development; and then to
the Committee on Government Organization.
By Senator Bailey:
Senate Bill No. 615--A Bill to amend and reenact §30-8-2 of
the Code of West Virginia, 1931, as amended, relating to allowing
optometrists to prescribe vision correction devices which dispense
drugs which have the intended purpose of vision correction.
Referred to the Committee on Health and Human Resources.
Senators Hunter, Sypolt, Jenkins, Minard, Stollings, Unger,
Foster and Kessler offered the following resolution:
Senate Concurrent Resolution No. 46--Urging Congress pass
legislation in support of a national monument which honors all
mothers to be located in West Virginia.
Whereas, West Virginia is the birthplace of Mother's Day
founded by Anna Jarvis of Grafton, Taylor County; and
Whereas, A monument honoring mothers located in the great State of West Virginia would be a treasure to the memory of Anna
Jarvis and all mothers; and
Whereas, Some 42 million men and women have served in our
armed forces who were born and nurtured by a mother; and
Whereas, In West Virginia, more sons and daughters died for
our freedom per capita than in any other state; and
Whereas, West Virginia has lead the way with women in uniform;
and
Whereas, West Virginia has a viable tourist attraction drawing
people to our great state and such a national monument would add to
that cause; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges Congress to pass legislation
in support of a national monument which honors all mothers to be
located in West Virginia; and, be it
Further Resolved, That the Legislature recognizes the high
esteem each of our representatives in Congress has for motherhood,
and since a national monument requires an Act of Congress, the
Legislature implores all of our representatives to join together in
a bipartisan effort which would result in such a national monument
being located in the great State of West Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States Senate, the Speaker of the United States House of Representatives and the members of West Virginia's congressional
delegation.
Which, under the rules, lies over one day.
Petitions
The Clerk presented the following communication:
COUNTY OF HAMPSHIRE
OFFICE OF THE COUNTY COMMISSION
June 8, 2007
The Honorable Darrell E. Holmes
Clerk, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Honorable Holmes:
Due to an oversite, the attached resolution was not forwarded
to the Clerk of the West Virginia State Senate.
On May, 2003, the Commission verified that the petition had
been signed by 10% of the registered voters of Hampshire County.
On that date, there were 9,044 registered voters. As of June,
2007, there are now 12,804 registered voters in Hampshire County,
a difference of 3,760 voters; also our records indicate that
between May, 2003, and June, 2007, there has been 526 deceased
registered voters cancelled from the records.
If additional information is required, please call.
Sincerely,
Sharon H. Link,
County Clerk.
Whereas, On the 22nd day of May, 2003, the Hampshire County
Clerk's Office certified the voter's registration for the petition
that would establish a tribunal to replace the current Hampshire
County Commission;
Whereas, At a meeting held on Tuesday, April 24, 2007, the
Hampshire County Commission voted to take action with our West
Virginia legislators advising that due to the increase in voters
registration, the age of the petition, the deaths of numerous
signers of the petition, and the overall change of residency in the
county, said petition no longer represents the will of ten percent
(10%) of the registered voters of Hampshire County, West Virginia.
Be it Resolved, The Hampshire County Commission declares that
the petition previously submitted to establish a tribunal to
replace the Hampshire County Commission no longer represents ten
percent (10%) of the registered voters of Hampshire County, West
Virginia, and is no longer valid.
Hampshire County Commission,
Donald P. Cookman,
President,
Steve Slonaker,
Commissioner,
Robert Q. Hott,
Commissioner.
Which communication and resolution were received and referred
to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 45, Requesting Joint
Committee on Government and Finance study local health programs'
funding formula.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 242, Allowing point deduction
for certain licensees attending defensive driving class.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Prezioso.
At the request of Senator Hunter, and by unanimous consent,
the Senate stood in observance of a moment of silence in
recognition of those killed by tornados in certain states.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Edgell, the name of Senator Edgell was removed as a sponsor of Senate Bill No. 587 (Limiting civil
action deliberate intent to certain injuries).
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe and Boley.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 8, 2008, at 11 a.m.
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