WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTY-FIRST DAY
____________
Charleston, W. Va., Thursday, February 28, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. W. Gregory Terry, Christ Community
Church, Huntington, West Virginia.
Pending the reading of the Journal of Wednesday, February 27,
2008,
On motion of Senator Fanning, 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. House Bill No. 2930--A Bill to amend and reenact §17A-3-2
of the Code of West Virginia, 1931, as amended, relating to
providing that an applicant for a farm use exemption certificate may not be required to appear before any assessor for renewal.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3065--A Bill to amend and
reenact §48-9-209 of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §48-
9-301a; and to amend said code by adding thereto a new section,
designated §61-6-25, all relating false allegations of child abuse
and/or neglect; impact of allegations on allocation of custodial
responsibility under a parenting plan; imposition of reasonable
money sanctions and reasonable attorney's fees for false
allegations; request for disclosure of source of allegations by
Department of Health and Human Resources; investigation of
allegations of child sexual abuse by family courts; and new
misdemeanor offense for falsely reporting child abuse.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4047--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-14-15, relating to establishing the
offense of unlawful use of a wireless communication device while
operating a motor vehicle on a street or highway; providing
exceptions and conditions for certain lawful uses; definitions;
penalties; and limitation of enforcement.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4304--A Bill to amend and
reenact §16-19-1, §16-19-2, §16-19-3, §16-19-4, §16-19-5, §16-19-6,
§16-19-7, §16-19-8, §16-19-9, §16-19-10, §16-19-11, §16-19-12,
§16-19-13 and §16-19-14 of the Code of West Virginia, 1931, as
amended; and to amend said article by adding thereto nine new
sections, designated §16-19-15, §16-19-16, §16-19-17, §16-19-18,
§16-19-19, §16-19-20, §16-19-21, §16-19-22 and §16-19-23, all
establishing the Revised Anatomical Gift Act; providing for a short
title; establishing applicability; defining terms; identifying who
may make an anatomical gift before the donor's death; establishing
the manner of making an anatomical gift before the donor's death;
providing for amendment or revocation of an anatomical gift before
the donor's death; clarifying donor right to refuse to make an anatomical gift and the effect of such refusal; specifying the
preclusive effect of an anatomical gift, amendment or revocation;
identifying who may make an anatomical gift of a body or part after
death of the donor; establishing the manner of making, amending or
revoking an anatomical gift after the decedent's death; identifying
persons and institutions to whom anatomical gifts may be made;
establishing presumptions for distribution of body and parts if
donor does not specify to whom gift passes; requiring first
responders, hospital staff and medical examiners to conduct a
reasonable search of the body of a decedent for evidence of an
anatomical gift or refusal to make a gift; specifying that delivery
of document of gift during donor's lifetime not required;
identifying who may examine a document of gift; establishing rights
and duties of procurement organization in recovering a body or part
the subject of an anatomical gift; requiring hospitals to cooperate
with procurement organizations for purposes of recovering
anatomical gifts; creating the offense of knowingly buying or
selling a body part for transplantation or therapy; creating the
offense of intentionally falsifying, concealing, defacing or
obliterating a document of gift, amendment or revocation;
establishing immunity from civil liability for good faith efforts
to comply with article; specifying which law governs documents of
gift; establishing donor registry through Division of Motor
Vehicles and standards of operation; specifying effect of anatomical gift on advance health care directives; requiring
cooperation between medical examiner and procurement organization;
establishing standards and conditions for medical examiner's
release of body or part subject to anatomical gift to procurement
organizations; requiring authorization of prosecuting attorney for
release of body or recovery of part where death is subject to
criminal investigation; and establishing relation to Electronic
Signatures in Global and National Commerce Act.
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. 4307--A Bill to amend and
reenact §19-23-10 of the Code of West Virginia, 1931, as amended,
relating to bona fide residents wholly or solely owning greyhounds;
training of track facilities; increasing the amount from the
Breeder Development Fund that can be used for construction and
maintenance of two training track facilities; not requiring anyone
to be a member of an association in order to participate in the
Breeder Development Fund; providing for distribution of one half
points to West Virginia whelped greyhounds finishing in places
fifth through eighth; and requiring up to three races featuring
West Virginia bred dogs per race card.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4381--A Bill to repeal
§23-2C-9 of the Code of West Virginia, 1931, as amended; to amend
and reenact §23-2C-2 and §23-2C-10 of said code; and to amend and
reenact §33-26-3, §33-26-5, §33-26-6, §33-26-8 and §33-26-12 of
said code, all relating to an assigned risk plan and guaranty
association account for workers' compensation insurance; defining
terms; eliminating certain funds in the treasurer's office and
transferring moneys in such funds to the Old Fund; eliminating the
requirement that private carriers maintain an office in this state;
providing for the establishment and operation of an assigned risk
plan; making workers' compensation insurance applicable to the
Insurance Guaranty Association Act; establishing a new account to
be administered by the West Virginia Insurance Guaranty
Association; modifying standards for paying duplicate claims; and
providing that limits on benefits payable by the guaranty
association are not applicable to obligations arising out of
workers' compensation insurance.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4476--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §17-27-1, §17-27-2, §17-27-3, §17-27-4,
§17-27-5, §17-27-6, §17-27-7, §17-27-8, §17-27-9, §17-27-10,
§17-27-11, §17-27-12, §17-27-13, §17-27-14, §17-27-15, §17-27-16,
§17-27-17 and §17-27-18, all relating to establishment of the
Public-Private Transportation Facilities Act of two thousand eight;
setting forth legislative findings and purposes; defining terms;
providing prerequisites for development of a transportation
facility; creating public-private transportation oversight within
the Division of Highways; creating the powers and duties of the
division; providing for the submission of proposals and approval by
the division; providing for service contracts; providing for the
dedication of public property; setting forth the powers and duties
of a developer; requiring a comprehensive agreement; required
provisions and limitations of comprehensive agreements; prohibiting
the division from entering into comprehensive agreements after the
thirtieth day of June, two thousand thirteen; prohibiting the
division from entering into comprehensive agreements until approved
by a concurrent resolution of the Legislature; providing for
federal, state and local assistance; material default and remedies;
prohibiting governmental entities from pledging full faith and credit; providing for the exercise of and limitations on the right
of eminent domain and condemnation; requirements for utility
crossings and relocations; dedication of public assets; qualifying
transportation facilities as public improvements; and providing for
an exemption of qualifying transportation facilities from taxation.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4636--A Bill to amend and
reenact §5A-3-10a of the Code of West Virginia, 1931, as amended;
to amend said code by adding thereto a new section, designated §23-
2-9a; to amend and reenact §23-2C-3, §23-2C-15 and §23-2C-17 of
said code; and to amend and reenact §23-5-1 and §23-5-11 of said
code, all relating to workers' compensation insurance; prohibiting
public contracts with employers in workers' compensation default;
providing for the termination of licenses and permits to employers
in workers' compensation default; requiring the proposal of rules
to regulate certain third-party administrators; requiring proposal
of rules relating to establishing penalties for certain defaults;
changing period of notice for cancellation of policies;
establishing fixed percentages for determining surcharges on
covered employers and permitting recalculation of such percentages; eliminating certain carrier reporting requirements; changing
periods within which private carriers must notify the Insurance
Commissioner regarding coverage status; limiting employer protests;
increasing the periods in which to file objections to claims
decisions; providing for conditional payment of benefits; providing
that corrective orders do not nullify pending protests; providing
for proposal of rules relating to establishing a trial return to
work period for employees; and increasing salaries of members of
the Board of Review.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4643--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §5B-2-15, relating to minority business
development; requiring the West Virginia Development Office to
pursue the establishment of an office within the West Virginia
Development Office or the Department of Commerce to promote and
support the establishment and growth of minority owned businesses
in this state; setting forth goals and objectives; and requiring a
report to the West Virginia Legislature.
Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
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. 4664--A Bill to repeal §5A-
3-27 of the Code of West Virginia, 1931, as amended; and to amend
and reenact §5A-3-1, §5A-3-11, §5A-3-11a, §5A-3-12 and §5A-3-45 of
said code, all relating to the Purchasing Division of the
Department of Administration; omitting antiquated language;
revising specifications on which bids shall be based; removing
requirement that Director determine in writing that no funds above
budgeted amount exist to award bid; requiring city and state of
residence and business addresses for vendors; and allowing the
state agency for surplus property to sell commodities to the
public.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4665--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §5-26-1 and §5-26-2, all relating to the
creation of the Herbert Henderson Office of Minority Affairs; establishing the powers and duties of the office; providing for an
executive director, staff and office; requiring annual reports to
the Governor and the Joint Committee on Government and Finance; and
creating a Minority Affairs Fund.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. 4684--A Bill to amend and reenact §11-13X-
3, §11-13X-4, §11-13X-5, §11-13X-6, §11-13X-7, §11-13X-8, §11-13X-
10, §11-13X-11, §11-13X-12 and §11-13X-13 of the Code of West
Virginia, 1931, as amended, all relating to the West Virginia Film
Industry Investment Act; specifying definitions; restricting
qualification of expenditures to prevent qualification for more
than one credit program; stating the amount of credit allowed in
specified percentages; specifying review and certification of
projects by the film office; specifying credit limitation and
allocation of credit by the film office; specifying terms to be
agreed by an eligible company; specifying duties of an eligible
company upon completion of a qualified project; specifying forms
and information to be filed by an eligible company with the film
office; authorizing the transfer or sale of excess credits;
specifying criteria for recapture, elimination or reduction of credit; specifying liability of credit transferor and transferee;
specifying tax credit review information to be provided to the
Legislature; specifying disclosure of certain information by the
Tax Commissioner; and making amendments retroactively applicable to
taxable years beginning after the thirty-first day of December, two
thousand seven.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4692--A Bill to amend and
reenact §12-1-4 and §12-1-5 of the Code of West Virginia, 1931, as
amended, all relating to giving depositories of state moneys
authority to place deposits of those moneys in certificates of
deposit which meet certain requirements in lieu of providing a bond
or security; and permitting depositories of state moneys to insure
such deposits in excess of the amount insured by an agency of the
federal government with a deposit guaranty bond issued by a bankers
surety company.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
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. 4708--A Bill to amend and reenact §62-1-5a
of the Code of West Virginia, 1931, as amended, relating to
authorizing use of citations in lieu of arrest warrants for certain
offenses.
Referred 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. 4712--A Bill making a supplementary
appropriation of federal funds out of the treasury from the balance
of federal moneys remaining unappropriated for the fiscal year
ending the thirtieth day of June, two thousand eight, to the
Department of Transportation - Division of Motor Vehicles, fund
8787, fiscal year 2008, organization 0802, all supplementing and
amending the appropriation for the fiscal year ending the thirtieth
day of June, two thousand eight.
Referred to the Committee on Finance.
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. 4713--A Bill expiring funds to the balance
of the Department of Health and Human Resources, West Virginia
Health Care Authority - West Virginia Health Information Network
Account, fund 5380, fiscal year 2008, organization 0507, for the fiscal year ending the thirtieth day of June, two thousand eight,
in the amount of three million five hundred thousand dollars from
the Board of Risk and Insurance Management - Premium Tax Savings
Fund, fund 2367, fiscal year 2008, organization 0218.
Referred to the Committee on Finance.
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. 4714--A Bill making a supplementary
appropriation from the balance of moneys remaining unappropriated
for the fiscal year ending the thirtieth day of June, two thousand
eight, to the Department of Commerce - Division of Labor - Crane
Operator Certification Fund, fund 3191, fiscal year 2008,
organization 0308, to the Department of Commerce - Miners' Health,
Safety and Training Fund, fund 3355, fiscal year 2008, organization
0314, to the Department of Education and the Arts - State Board of
Rehabilitation - Division of Rehabilitation Services - West
Virginia Rehabilitation Center - Special Account, fund 8664, fiscal
year 2008, organization 0932, and to the Department of Military
Affairs and Public Safety - Fire Commission - Fire Marshal Fees,
fund 6152, fiscal year 2008, organization 0619, by supplementing
and amending the appropriations for the fiscal year ending the
thirtieth day of June, two thousand eight.
Referred to the Committee on Finance.
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. 33--Requesting that the Joint
Committee on Government and Finance authorize the study of an
increase in the prevalence of coal workers' pneumoconiosis.
Whereas, Coal workers' pneumoconiosis, also known as black
lung, is a chronic lung disease caused by the inhalation of coal
mine dust; and
Whereas, National Institute for Occupational Safety and Health
(NIOSH) surveys conducted in 2006-07 revealed that eight to ten
percent of West Virginia miners have X ray evidence of black lung;
and
Whereas, Twenty-eight of West Virginia's fifty-five counties
produce coal; and
Whereas, Nineteen of West Virginia's coal producing counties
have cases of rapidly progressive black lung; and
Whereas, Black lung rates in the United States have doubled in
the last ten years; and
Whereas, Longer shifts and extended work weeks result in
increased exposure to coal dust; and
Whereas, Silicosis, a form of black lung, is a disabling and
often fatal lung disease caused by breathing dust containing
crystalline silica; and
Whereas, According to the United States Inspector General,
MSHA did not perform fifteen percent of its required inspections in
underground coal mines in Fiscal Year 2006; and
Whereas, The federal Mine Safety and Health Administration
(MSHA) rule significantly lowers respirable dust standards when a
mine's atmosphere contains more than five percent silica; and
Whereas, In states or counties where sampling is done yearly
by MSHA, samples from "continuous miner machine" operators and
"roof bolt" operators revealed that twenty percent of the samples
exceeded the maximum allowed silica dust concentration; and
Whereas, Dr. Lee Petsonk of the National Institute of
Occupational Safety and Health presented the House of Delegate's
Mine Safety Committee with NIOSH's recent findings of coal workers'
health surveillance program in West Virginia, informing the
Committee that miners are contracting the deadly disease at a
younger age; and
Whereas, Dr. Petsonk concluded that low coal seams in West
Virginia put miners closer to silica, which is more toxic than
coal, and suggested setting a standard for silica would help
prevent coal workers' pneumoconiosis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of coal workers' pneumoconiosis on
West Virginia's miners, including, but not limited to, causes, preventions, treatment and long-term health implications; 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 Legislative 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 the Judiciary; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 61--Requesting the Joint
Committee on Government and Finance to study the development of an
intermodal transportation facility to promote economic development
in Southern West Virginia.
Whereas, The United States of America is in an economic
transition with respective local, national, and global economics;
and
Whereas, Improved telecommunications along with an enhanced global supply chain have improved our expanding markets; and
Whereas, The changing economy in America is reflected by an
international trade growth from 7% in 1970 to a projected 50%
growth by 2050, with domestic trade increasing two-thirds by 2020,
and international flows doubling by 2020; and
Whereas, In 1970 one million containers went through America's
ports with an estimated one hundred million containers estimated to
pass through these same ports by 2050; and
Whereas, America's trading partners in the coming years will
be accessed mainly through the Eastern ports with several locations
nationwide having completed or in the planning or developmental
stages for inland ports such as in Prichard, West Virginia; and
Whereas, The Appalachian Regional Commission believes this is
a chance to create jobs and promote economic development in a poor
region via a network of mountain inland ports as businesses flock
to areas around facilities already established; and
Whereas, Southern West Virginia has one of the most extensive
railway systems in the United States. Coal and timber are already
being shipped out of West Virginia by rail one-way and by
establishing a distribution center for goods and materials arriving
from overseas could provide for two-way shipping thus reducing
costs; and
Whereas, Existing or planned four lane highways in Southern
West Virginia will aid in the effort to establish an Intermodal Transportation Facility; and
Whereas, United States Congressman Nick Rahall has funded the
Beckley Intermodal Gateway Project. When completed, the "Gateway"
project will enhance economic development, improve local
transportation, provide for a revitalization of Southern West
Virginia, and serve as an anchor for larger intermodal projects;
and
Whereas, The Appalachian Regional Commission's mission is to
be a strategic partner and advocate for sustainable community and
economic development in Appalachia as it supports Tactical Multi-
Modal Investment; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the development of an intermodal transportation
facility to promote economic development in Southern West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, two
thousand nine, on its findings, conclusions and recommendations
together with drafts of legislation 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 Transportation and
Infrastructure; 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. 63--Requesting the Joint
Committee on Government and Finance to study sustainable funding
methods to develop creative communities prepared to embrace
opportunities in the new economy.
Whereas, The grouping of industry sectors and job roles
commonly referred to as the "new economy" or "creative sector
economy" consist of those organizations and individuals who make
their living creating, licensing and marketing intellectual
property, including, but not limited to, architectural and graphic
design, information technology, scientific research and
development, energy technology, engineering, management and
professional services, arts and cultural offerings, and media
production; and
Whereas, According to Workforce West Virginia data, the new
economy industry sector represents over twenty-five percent of
employment income in the State of West Virginia, is growing faster
than almost all other industry sectors, and is projected to grow by
over ten percent through the year 2014; and
Whereas, According to U.S. Census Bureau data, average
salaries of employees in the new economy sector are typically up to
forty percent to fifty percent higher than other industry sectors;
and
Whereas, The future success of traditional West Virginia
industries such as manufacturing and mining are largely dependent
on breakthrough research and development derived from new economy
sector job roles such as engineering, scientific research and
information technology; and
Whereas, The mobility and flexibility inherently present in
the nature of new economy sector industries provided by the
Internet and globally connected markets, so that entrepreneurs,
executives and employees of new economy organizations have
dramatically more choices in where to live and work; and
Whereas, Research has suggested that a combination of the
following elements within a community serve as important attributes
that attract creative sector talent and have a high correlation
with successful new economy development:
(1) Availability of new economy-savvy talent as measured by
the percentage of adults with college or advanced degrees,
experienced entrepreneurs and an educational system designed to
meet the needs of twenty-first century education;
(2) Openness to people different than themselves and ideas
different than their own;
(3) Strong "quality of place. defined as a vibrant
availability of arts, cultural and entertainment offerings;
commitment to sustainable development practices and policies; and
availability of outdoor recreation; and
(4) Widespread availability and adoption of computer
technology, broadband connectivity and mobile communications;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Committee is hereby requested to study the
feasibility of a pilot creative communities development program
that would deliver integrated planning, funding and execution
support to select communities in the identified new economy pillars
of twenty-first century education, promotion of tolerance and
diversity, quality of place, sustainable development and technology
and broadband adoption; and, be it
Further Resolved, That the Committee study the readiness of
West Virginia counties to support new economy growth and
development in order to prioritize and select eligible pilot
communities; and, be it
Further Resolved, That the Committee 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 Economic Development; 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. 72--Requesting the Joint
Committee on Government and Finance study existing autism services
in this state and what need, if any, exists for additional or
enhanced services; to study the appropriate approach of the state
in the provision of these services when considering the funding or
not funding on the persons affected, the state fisc, and any
affected industries.
Whereas, According to the Center for Disease Control and
Prevention, autism occurs in one in every one hundred fifty births
nationally. Moreover, one to one and one-half million Americans are
currently afflicted with autism; and
Whereas, Autism is the fastest growing developmental
disability in the United States; and
Whereas, The national cost for diagnosis, treatment and
intervention services related to autism annually reaches ninety
billion dollars; and
Whereas, Ninety percent of the costs associated with the
diagnosis and treatment of autism are for adult services; and
Whereas, The cost of lifelong care for individuals afflicted
with autism can be reduced by two-thirds with early diagnosis and
intervention; and
Whereas, Some services are offered in West Virginia by various
state and federal agencies for the diagnosis and treatment of
autism; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study existing autism services in this state and what
need, if any, exists for additional or enhanced services; to study
the appropriate approach of the state in the provision of these
services when considering the funding or not funding on the persons
affected, the state fisc, and any affected industries; and to study
the extent to which insurance coverage is available for these
services; 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 Health and Human Resources; and
then to the Committee on Rules.
The Senate proceeded to the fourth order of business.
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. 19, Requesting Division of
Highways name bridge in Parkersburg, Wood County, "Blennerhassett
Island Bridge".
House Concurrent Resolution No. 31, The "Sgt. James Allen May
Memorial Bridge".
House Concurrent Resolution No. 32, The "William Bradley Fulks
Memorial Bridge".
And,
Com. Sub. for House Concurrent Resolution No. 39, The "Sgt.
Jackie L. Waymire Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Concurrent Resolution No. 28, Designating timber
rattlesnake as state reptile.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 53, Requesting Joint
Committee on Government and Finance study convention and visitors
bureaus.
And reports the same back with the recommendation that it 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
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.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John R. Unger II,
Chair.
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. 3215, Removing the
administrative link between Shepherd University and Blue Ridge
Community and Technical College.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 3215) contained in
the preceding report from the Committee on Education 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 Education 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. House Bill No. 4075, Providing for a video recording
device monitoring system during Amber Alert periods.
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.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4125, Relating to faculty senate funds for classroom teachers and librarians.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Education 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. 4328, Excluding the service
of a poll worker from being considered a prohibited political
activity.
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 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. 4348, Adding language to the code for fees
for tests and certificates that were already imposed.
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.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on the Judiciary pending.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4478, Limiting the mid-year transfer of
certain school employees working with students with
exceptionalities.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4478) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
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").
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4496) contained in
the preceding report from the Committee on Pensions 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 Pensions 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
House Concurrent Resolution No. 6, The "Kenny Ray Hamrick
Memorial Bridge".
And has amended same.
And reports the same back with the recommendation that be
adopted, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Facemyer, Bailey and Unger offered the following
resolution:
Senate Concurrent Resolution No. 65--Urging the United States
Congress pass H. R. 3098 to restore and update farm vehicle
exemptions to the Federal Motor Carrier Safety Regulations
administered by the U. S. Department of Transportation.
Whereas, Farmers hauling their own products in their own
vehicles, many in close proximity to their own property and only on a seasonal basis, should not be forced to comply with unnecessarily
and often burdensome federal regulation; and
Whereas, Many states find that exemptions written for farm
trucks twenty years ago are no longer adequate for farmers to haul
their own products to market free of unnecessarily burdensome
federal regulation; and
Whereas, The enforcement of the Federal Motor Carrier Safety
Regulations varies across the country, and changing the Federal
Motor Carrier Safety Regulations definition of a commercial motor
vehicle from 10,001 pounds to 26,001 pounds, provides much needed
uniformity between the states; and
Whereas, A national threshold of 26,001 pounds would resolve
an onerous burden that arises when a farmer crosses the border from
one state to another; and
Whereas, Under current regulation, crossing state lines
changes the classification from interstate carrier to interstate
carrier, triggering commercial requirements, even if the truck has
traveled only a short distance and both states recognize the 26,001
pound exemption; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the United States Congress
to pass H. R. 3098 to restore and update farm vehicle exemptions to
the Federal Motor Carrier Safety Regulations administered by the U.
S. Department of Transportation; 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.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President) and Stollings offered the
following resolution:
Senate Concurrent Resolution No. 66--Requesting the Division
of Highways name bridge number 03-01-8.28 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 03-01-8.28,
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 03-01-8.28 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.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Plymale, Stollings, McCabe,
Jenkins, McKenzie, Oliverio, Edgell and Unger offered the following
resolution:
Senate Resolution No. 28--Designating February 28, 2008, as
"Higher Education Day".
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, The PROMISE scholarship for the 2007-2008 school year
has contributed to 9,282 West Virginia students in attending in-
state higher education institutions; and
Whereas, The PROMISE scholarship has aided more than 19,000
West Virginia students attending in-state colleges and universities
since its creation in 2002; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia students, as well as those from other states; and
Whereas, West Virginia's education system will help students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct ground-breaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 28, 2008, as
"Higher Education Day"; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West
Virginia Council for Community and Technical College Education, and
the President of the West Virginia Independent Colleges and
Universities, Inc., and to each of the presidents of West
Virginia's independent and public colleges and universities.
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.
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 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. 67 (originating in the
Committee on the Judiciary)--
Requesting the Joint Committee on
Government and Finance study the effects of legislation relating to
joint parenting passed by the Legislature in 2001 to determine if
further improvements, including any presumptions related thereto,
need to be made and if the legislation is being implemented fully.
Whereas,
An intact, involved two-parent home provides the
optimal environment through which a child grows into productive and responsible adult citizens
; and
Whereas,
Mothers and fathers provide unique and invaluable
contributions towards the development of their child and each
parent's contributions to the upbringing of their child are equally
necessary to assure a child the best opportunity to develop into
healthy citizens; and
Whereas, Situations arise where the optimal environment is
disrupted by divorce or separation and the state is called upon to
make judgment as to allocation of parental time with the child when
the parents cannot agree; and
Whereas, Several years have passed since the Legislature
approved the aforementioned legislation, which attempted to
alleviate many of the perceived problems with the previous system;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of legislation relating to joint
parenting passed by the Legislature in 2001 to determine if further
improvements, including any presumptions related thereto, need to
be made and if the legislation is being implemented fully; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the resolution (S. C. R. No. 67) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration.
On motion of Senator Kessler, the resolution was referred to
the Committee on Rules.
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. 68 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study feasibility of utilizing Alcohol and
Drug Mental Health Courts to assess and implement alternative sentencing and treatment options for misdemeanors and nonviolent
offenses involving drugs or alcohol.
Whereas, West Virginia has seen a large increase in
incarceration rates in its jails and prisons; and
Whereas, It is estimated that more than one-half of these
incarcerations are due directly or indirectly to the abuse of
alcohol and drugs; and
Whereas, West Virginia has made great progress with
alternative sentencing and community corrections programs; and
Whereas, Many states are now utilizing Alcohol and Drug Mental
Health Courts to assess and implement alternative sentencing and
treatment options for misdemeanors and nonviolent offenses
involving drugs or alcohol; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the feasibility of utilizing such specialty
courts in West Virginia to assess and implement alternative
sentencing and treatment options for misdemeanor and nonviolent
offenses involving drugs or alcohol; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the resolution (S. C. R. No. 68) contained in the
preceding report from the Committee on the Judiciary was taken up
for immediate consideration.
On motion of Senator Kessler, the resolution was referred to
the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 61, Requesting Joint
Committee on Government and Finance study energy sources' taxation.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 62, Requesting Division of
Highways name bridge near Belo, Mingo County, "BMC Howard W.
Bannister 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. 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 and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 64, Commending Consortium for
Internationalizing Higher Education in West Virginia.
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 Resolution No. 25, Urging Congress reauthorize Debbie
Smith DNA Backlog Grant Program.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on the
Judiciary.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 235, Creating Office for Oral Health.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 533, Relating
to motor vehicle dealer requirements.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 594, Establishing Bill of
Rights and Responsibilities for Students and School Personnel.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 702, Providing Economic
Opportunity Tax Credit to certain businesses.
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. Senate Bill No. 767, Reducing Director of Personnel's
experience requirements.
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.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 161, Relating to
payment of certain GED fees.
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. 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 second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for Senate Bill No. 235.
The bill (Eng. Com. Sub. for H. B. No. 4074), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4076, Relating to the
compensation and expenses of legislators.
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. 4364, Amending various
requirements for motor vehicle dealers.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Unger, the following amendment to the
bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for Committee Substitute for Senate Bill No. 533.
The bill (Eng. Com. Sub. for H. B. No. 4364), as amended, was
then 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. 4628, Providing a tax credit for new job
creation by certain taxpayers.
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Helmick, the bill was referred to the
Committee on Finance.
Eng. House Bill No. 4676, Continuing the permissible
appropriation of Public Employees Insurance Reserve Fund moneys to
the bureau for medical services.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 4677, Reducing the requirement that the
Director of Personnel must have five years experience in personnel
management.
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.
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 Senators Deem, Plymale, Stollings,
Kessler, Chafin and Edgell.
Thereafter, at the request of Senator Stollings, and by
unanimous consent, the remarks by Senator Chafin were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, February 29, 2008, at 11 a.m.
____________