WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
EIGHTH DAY
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Charleston, W. Va., Wednesday, January 16, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Mike Brooks, Harvest Center
Ministries, Welch, West Virginia. War Annex High School Choir,
War, West Virginia, then proceeded in the singing of "Cantate
Domino" and "Kyrie Eleison" and a string ensemble proceeded in the
playing of "Flawless".
Pending the reading of the Journal of Tuesday, January 15,
2008,
On motion of Senator Jenkins, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Board of
Examiners for Registered Professional Nurses, submitting its annual
report, in accordance with chapter thirty, article twenty-four,
section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Clerk presented a communication from the Board of
Medicine, submitting its annual report as required by chapter
thirty, article three, section seven of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
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 Senator Facemyer:
Senate Bill No. 220--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and
§55-7E-6, all relating to filing of claims for asbestos;
disclosures regarding existing and anticipated claims involving
asbestos bankruptcy trusts; defendants' rights in asbestos action
to require claimant to show cause regarding additional bankruptcy
trust claims; certification of cause of action by court; discovery
of materials from bankruptcy trusts; value of trust claims;
sanctions for noncompliance; and rights of setoff.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso, Foster, Hunter, Sharpe, Stollings,
Boley, Caruth, Jenkins, Wells and Kessler:
Senate Bill No. 221--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4 and §16-4E-5, all
relating to development of a maternal risk assessment advisory
council; providing for legislative findings; setting forth
responsibilities of the advisory council; providing for legislative
rule-making authority within the Bureau for Public Health to
develop a uniform maternal risk screening tool; and providing for
applicability of the screening tool once developed.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Stollings, Foster, Jenkins, Caruth,
Sprouse, Hunter, Wells, McCabe, Love and Deem:
Senate Bill No. 222--A Bill to amend and reenact §18-2-6a of
the Code of West Virginia, 1931, as amended, relating to providing
only healthy beverages and healthy and nutritional snacks in the
county school system.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Education.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 223--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18A-4-21, relating to authorizing an additional salary
bonus for certain classroom teachers employed to provide classroom
instruction in math, science or special education or employed in
certain positions that have remained vacant for a period of one
year or more.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 224--A Bill to amend and reenact §7-15-4 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §7-17A-1, §7-17A-2, §7-
17A-3, §7-17A-4, §7-17A-5, §7-17A-6, §7-17A-7, §7-17A-8, §7-17A-9,
§7-17A-10, §7-17A-11, §7-17A-12, §7-17A-13, §7-17A-14 and §7-17A-
15, all relating to the creation of joint emergency service
agencies; exempting such agencies from regulation by the Public
Service Commission; exempting such agencies from taxation; and
providing for the imposition and collection of fees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 225--A Bill to amend and reenact §18A-4-5a of
the Code of West Virginia, 1931, as amended, relating to requiring
county board establishment of an additional supplemental salary
schedule for classroom teachers in certain circumstances; and
specifying amount of funds and uniform distribution.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Foster, Plymale, Hunter and Deem:
Senate Bill No. 226--A Bill to amend and reenact §5-10-14, §5-10-15b and §5-10-27c of the Code of West Virginia, 1931, as
amended, all relating to the Public Employees Retirement System;
clarifying transfer of retroactive service credit in the Public
Employees Retirement System for certain members of the State Police
Death, Disability and Retirement Fund; making technical changes by
substituting the term "member" for "employee"; and permitting
direct rollovers in any amount from the Public Employees Retirement
System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Foster, Deem, Hunter and Plymale:
Senate Bill No. 227--A Bill to amend and reenact §18-7A-3,
§18-7A-13, §18-7A-14, §18-7A-28c and §18-7A-34 of the Code of West
Virginia, 1931, as amended, all relating to the State Teachers'
Retirement System; defining terms; clarifying when membership
ceases in the State Teachers' Retirement System; providing for
correction of errors; permitting rollovers of any dollar amount;
and permitting subsequent loans to members.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Barnes, Yoder and Love:
Senate Bill No. 228--A Bill to repeal §61-7-6a of the Code of
West Virginia, 1931, as amended; and to amend and reenact §61-7-4,
§61-7-5 and §61-7-6 of said code, all relating to carrying
concealed pistols or revolvers; extending recognition to all
licenses issued by other states to nonresidents of this state; limitations; requiring the Attorney General to periodically notify
the Governor, Attorney General and licensing authority of each
state of such recognition; requiring the Attorney General to
negotiate and execute reciprocity agreements to secure recognition
of West Virginia licenses when required by other states as a
condition of recognizing West Virginia licenses; and creating
uniform rule concerning the requirement to carry and exhibit
license when carrying a concealed pistol or revolver for both West
Virginia licensees and licensees of other states whose licenses are
recognized in this state.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senator Barnes:
Senate Bill No. 229--A Bill to amend and reenact §18A-1-1 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-7a of said code, all relating to defining "special
program"; and creating an exception for elementary special program,
physical education, music and art teachers from the seniority
requirements related to reductions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Barnes:
Senate Bill No. 230--A Bill to amend and reenact §61-7-4 and
§61-7-5 of the Code of West Virginia, 1931, as amended, all
relating to licenses to carry concealed pistols and revolvers;
reducing license fees; and clarifying the uniform application of rules concerning the requirement to carry and exhibit license when
carrying a concealed pistol or revolver for both West Virginia
licensees and licensees of reciprocal states.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes, Bailey, Wells and Deem:
Senate Bill No. 231--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing the Division of Motor Vehicles to create and issue a
special license plate bearing the inscription "In God We Trust".
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Foster, Green, Hunter, Jenkins, Wells, Deem,
McKenzie, Yoder and Bowman:
Senate Bill No. 232--A Bill to amend and reenact §60-7-10 and
§60-7-12 of the Code of West Virginia, 1931, as amended, all
relating to changing the closing hours of private clubs to two
o'clock a.m.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 233--A Bill to amend and reenact §38-2-32 of
the Code of West Virginia, 1931, as amended, relating to mechanic's
liens filed against corporations.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Foster, Hunter, Sharpe, Stollings, Boley, Caruth, Jenkins and Kessler:
Senate Bill No. 234--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-25A-1, §48-25A-2 and §48-25A-3, all relating to the
creation of a Maternal Mortality Review Team; members; and
responsibilities.
Referred to the Committee on Health and Human Resources.
By Senators Prezioso, Stollings, Foster, Jenkins, Caruth,
Sprouse, Wells, Hunter, Yoder, McCabe, Plymale, Love and Kessler:
Senate Bill No. 235--A Bill to repeal §16-41-7 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §16-41-2,
§16-41-3, §16-41-4 and §16-41-6, all relating to the establishment
of the Office for Oral Health in the Bureau for Public Health;
creating position of full-time director; establishing an advisory
board; and responsibilities of the Office for Oral Health.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Hunter, Oliverio, Plymale, White and
Love:
Senate Bill No. 236--A Bill to amend and reenact §3-5-15 and
§3-5-16 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §3-6-8 and §3-6-9 of said code, all relating to
removing obsolete language relating to the role of circuit clerks
in elections.
Referred to the Committee on the Judiciary.
By Senators Kessler, Hunter, White and Plymale:
Senate Bill No. 237--A Bill to repeal §7-7-17 of the Code of
West Virginia, 1931, as amended, relating to requiring county
officers to file annual reports of certain expenditures.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 238--A Bill to amend and reenact §51-2-2 of
the Code of West Virginia, 1931, as amended, relating to increasing
the monetary limit required to file a suit in circuit court.
Referred to the Committee on the Judiciary.
Senators Unger, Love, Jenkins, Hunter and McCabe offered the
following resolution:
Senate Concurrent Resolution No. 20--Urging the United States
Congress pass legislation to protect the American public from toxic
imports.
Whereas, Toxic imports such as tires, fake drugs, auto parts,
contaminated food and pet food, toothpaste and lead-laden baby bibs
are threatening the health and safety of the American public; and
Whereas, Toxic imports are the rotten fruit of trading with
much lesser developed countries which have no incentive to raise
safety, labor or environmental standards; and
Whereas, Bad trade deals have lowered standards and harmed
workers and the environment in the United States; and
Whereas, The time is now to change course and insist that
trade deals bring world standards up everywhere for product safety,
labor and the environment; and
Whereas, We are paying too high a price for cheap 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
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.
Which, under the rules, lies over one day.
Senators Barnes, Stollings, Wells, Bailey, Jenkins, Foster and
Hunter offered the following resolution:
Senate Concurrent Resolution No. 21--Requesting the Joint
Committee on Government and Finance study feasibility of utilizing
social work services as a tool to enhance safety in West Virginia's
public schools.
Whereas, The need for social workers in our public schools
exists due to the increasing number of disruptive and aggressive
students; and
Whereas, The goal for all public schools is to facilitate
learning in an environment that is free from disruption and
dangerous situations and provide a safe school for both students
and faculty; and
Whereas, This goal might be better achieved through using the
resources available from licensed social workers whose training and
expertise in identifying potential problem students and averting possible crises would prove invaluable; and
Whereas, Licensed social workers could promote safety by
enhancing communication between the home and school environments
and by assisting in the identification and remediation of student
issues before they reach a critical stage; and
Whereas, Licensed social workers would enhance the ability of
teachers to educate students by providing assistance with children
who consume teachers' attention because of special social,
emotional, behavioral or mental health needs, but who do not
qualify for special education services; and
Whereas, Licensed social workers could advocate for students
and their families by helping them to identify their needs and
linking them to resources in both the school system and the
community; and
Whereas, Social work services would encourage students in need
to receive community services by maintaining contact with families
and community resources to promote consistent participation and
communication of needs; and
Whereas, Principals, teachers, counselors, families, social
workers and other community providers would make a formidable team
in the effort to ensure that West Virginia's public schools are
safe and productive places for our children to learn; 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 social work services as a tool to enhance safety in West Virginia public
schools; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to determine the benefits and costs of
placing licensed social workers in public schools; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2009, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Petitions
Senator Jenkins presented a petition from Carol Prince and
seventeen faculty and staff members of Dunlow Elementary School,
supporting Senate Bill No. 68 (Providing one-time option for
certain Defined Contribution Retirement System members to opt in to
State Teachers Retirement System).
Referred to the Committee on Pensions.
Senator Jenkins presented a petition from Cynthia Caudill and
forty-seven faculty and staff members of Tolsia High School,
supporting Senate Bill No. 68 (Providing one-time option for
certain Defined Contribution Retirement System members to opt in to State Teachers Retirement System).
Referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 19, Requesting Division of
Highways name bridge in Parkersburg, Wood County, "Blennerhassett
Island Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Fanning and Chafin.
Thereafter, at the request of Senator Love, and by unanimous
consent, the remarks by Senators Fanning and 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, Thursday, January 17, 2008, at 11 a.m.
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