WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRD DAY

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Charleston, W. Va., Friday, January 11, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Douglas Ondeck, Assistant Pastor, Sacred Heart Co-Cathedral, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, January 10, 2008,
On motion of Senator Fanning, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler, Jenkins, Unger, Plymale and Hunter:
Senate Bill No. 206 -- A Bill to amend and reenact §33-3-33 of the Code of West Virginia, 1931, as amended, relating to providing for administration and training expenses from Fire Protection Fund revenue to the West Virginia State Fire Chiefs' Association and the West Virginia State Fireman's Association; eligibility and requirements for receipt of funds; and exempting both associations from eligibility and spending requirements provided for volunteer and part-volunteer fire company or department.
 Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 207 -- A Bill to amend and reenact §7-14D-7, §7- 14D-9c, §7-14D-14, §7-14D-15, §7-14D-16, §7-14D-23, §7-14D-24 and §7-14D-30 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act; correcting errors; permitting rollovers of any dollar amount; providing for an onset date for disability retirement benefits; providing for termination of disability retirement benefits of a retirant who refuses to submit to a medical examination or provide a certification statement by his or her physician of continued disability; removing option for term insurance to repay loan; providing for subsequent loan on repayment of prior loan; clarifying eligibility requirements of certain sheriffs; and permitting collection of fees for late payment from employers.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster and Plymale:
Senate Bill No. 208 -- A Bill to amend and reenact §5-10C-3, §5-10C-4 and §5-10C-5 of the Code of West Virginia, 1931, as amended, all relating to government employees retirement plans; adding the West Virginia Emergency Medical Services Retirement System to, and clarifying that all other retirement systems administered by the Consolidated Public Retirement Board are included in, the definition of retirement systems for purposes of the employer pick- up provisions; clarifying that all participating public employers in retirement systems covered by this article are included in the definition of participating public employer; and setting forth requirements for member contributions to be picked up for federal tax purposes by participating public employers in retirement systems covered by this article in accordance with revised guidance relating to same from the Internal Revenue Service.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster and Jenkins:
Senate Bill No. 209 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5, §16-9G-6, §16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11, §16-9G-12, §16-9G-13, §16-9G-14, §16-9G-15 and §16-9G-16, all relating to prohibiting smoking in public places of employment and government vehicles.
 Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Hunter, Jenkins, Wells and Unger:
Senate Bill No. 210 -- A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all monetary benefits derived from military retirement from personal income tax obligations.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Bailey, Hunter and Unger:
Senate Bill No. 211 -- A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to providing a state income tax exemption to retirees in five thousand dollar increments, beginning in the year two thousand nine, until the total exemption is on the first twenty thousand dollars of their retirement income.
 Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Foster, Green, Jenkins, Deem, Stollings, Wells, Hunter and Plymale:
Senate Bill No. 212 --A Bill to amend and reenact §17B-2-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §17B-2-12a, all relating to requiring vision screening for renewal of a driver's license.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 213 -- A Bill to amend and reenact §18C-7-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the West Virginia PROMISE Scholarship Board to recommend a legislative rule to the Higher Education Policy Commission for promulgation requiring repayment of the PROMISE scholarship award under certain circumstances.
 Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Bailey, Jenkins, Love and Hunter:
Senate Bill No. 214 -- A Bill to amend and reenact §15-2-12 of the Code of West Virginia, 1931, as amended, relating to powers of the West Virginia State Police.
 Referred to the Committee on the Judiciary.
By Senator Bailey:
Senate Bill No. 215 -- A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-27-18 of said code, all relating to privilege tax on certain occupations and services.
 Referred to the Committee on Finance.
By Senators Yoder, Caruth, Guills, Barnes, Boley and Sypolt:
Senate Joint Resolution No. 6-- Proposing an amendment to the Constitution of the State of West Virginia, amending sections two and five, article VIII thereof, relating to providing for the merit selection of Justices of the Supreme Court of Appeals and circuit court judges; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Unger and Stollings offered the following resolution:
Senate Concurrent Resolution No. 18-- Requesting the Division of Highways name bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County, the "Dr. C. Vincent Townsend, Sr., Bridge".
Whereas, C. Vincent Townsend, Sr., was born in Martinsburg, Berkeley County, on May 25, 1923, the son of Clarence William and Roxie Mae Townsend; and
Whereas, C. Vincent Townsend, Sr., graduated from Martinsburg High School, Potomac State College, West Virginia University and the Medical College of Virginia. Dr. Townsend served as a physician in the United States Navy at the Portsmouth Naval Hospital and on the USS Adirondack, an amphibious command ship, during the Korean War; and
Whereas, Dr. Townsend has practiced internal medicine and cardiology for more than 40 years in his hometown of Martinsburg; and
Whereas, Dr. Townsend was awarded the West Virginia State Medical Association "Physician of the Year Award" in 2000. He helped establish the local Heart Association, a pediatric heart clinic and the Shriner's Hospital Evaluation and Fund drives. He also acted as a cardiology consultant at the local Veterans' Administration Hospital. Former Governor Jay Rockefeller appointed Dr. Townsend as Medical Director of Emergency Medical Services in regions eight and nine and, in this capacity, he participated in the establishment of the 911 service and a paramedic training program; and
Whereas, Dr. Townsend has served as Master of his local Freemason Lodge in Martinsburg and is a past Grandmaster of the Grand Lodge of West Virginia. He has enjoyed a long and active membership in the local Rotary Club. Other positions and affiliations include the presidency of King's Daughter's Hospital and City Hospital staff, Eastern Panhandle Medical Society, Eastern Panhandle Heart Association, Junior Board of Trade, Eastern Panhandle Shrine Club, Burke Street School PTA and Medical College of Virginia Valley Chapter and West Virginia Chapter. He is past Director of the local Chamber of Commerce, the West Virginia Heart Association, Old National Bank and One Valley Bank and Director Emeritus of Branch Banking and Trust. He has been a member of the Sons of the American Revolution, Elks, Sons of Confederate Veterans, American Legion and numerous other organizations, not the least of which is the Exhausted Roosters which, in 1972, gave him honor by naming him the Exuberant Gizzard of the Exhausted Roosters; and
Whereas, Dr. Townsend and his wife of 57 years, Sarah Francis, have three sons: Clarence Vincent Townsend, Jr., a hospital administrator, Gary Miles Townsend, a physician and attorney, and Robin Wade Townsend, a doctor of veterinary medicine. Dr. Townsend and his wife also have seven grandchildren; and
Whereas, Dr. Townsend has devoted his life and energies to his family, his medical profession, his patients, his community, the State of West Virginia and his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 02-13-1.56 (4913) in Martinsburg, Berkeley County, the "Dr. C. Vincent Townsend, Sr., 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 "Dr. C. Vincent Townsend, Sr., 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 Dr. C. Vincent Townsend, Sr.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
 Senate Concurrent Resolution No. 1, Requesting Division of Highways name bridge in Webster Springs, Webster County, "Kenny Ray Hamrick 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. 2, Requesting Joint Committee on Government and Finance study tourism opportunities in less-developed counties.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development; and then to the Committee on Rules.
Senate Concurrent Resolution No. 3, Requesting Legislative Oversight Commission on Education Accountability explore options to improve school health.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.
Senate Concurrent Resolution No. 4, Urging Congress pass Employee Free Choice Act.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary.
Senate Concurrent Resolution No. 5, Requesting Joint Committee on Government and Finance study post-construction stormwater runoff.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study Universal Voluntary Accounts Program.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Pensions; and then to the Committee on Rules.
Senate Concurrent Resolution No. 7, Requesting Joint Committee on Government and Finance study state agencies' use of state-owned facilities.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization; and then to the Committee on Rules.
Senate Concurrent Resolution No. 8, Requesting Division of Highways name bridge in Beaver, Raleigh County, "Major Jeff L. Davis Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
 Senate Concurrent Resolution No. 9, Requesting Joint Committee on Government and Finance study beverage container recycling.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 10, Requesting Joint Committee on Government and Finance study predatory mortgage lending practices.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Banking and Insurance; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 11, Requesting Joint Committee on Government and Finance study sequestration of greenhouse gases.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 12, Requesting Division of Highways name bridge in Huntington, Cabell County, "Michael Dale Thomas 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. 13, Requesting Legislative Oversight Commission on Health and Human Resources Accountability study sexual assault nurse examiner programs.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 14, Requesting Joint Committee on Government and Finance study feasibility of national park in High Allegheny region.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study managed timberland.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources; and then to the Committee on Rules.
 Senate Concurrent Resolution No. 16, Requesting Joint Committee on Government and Finance study elimination of wireless coverage dead spots.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.
Senate Concurrent Resolution No. 17, Requesting Legislative Oversight Commission on Health and Human Resources Accountability study availability of medical rehabilitation centers.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
 The Senate proceeded to the eleventh order of business and the introduction of guests.
On motion of Senator Chafin, the Senate adjourned until Monday, January 14, 2008, at 11 a.m.
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