WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
NINTH DAY
____________
Charleston, W. Va., Thursday, January 17, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Tim Pauley, Ministry
Leader, Capitol Ministries of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Wednesday, January 16,
2008,
On motion of Senator Prezioso, 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 fourth order of business.
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. 201, Providing terms for certain retirement
benefits disqualification.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 201 (originating in the
Committee on Pensions)--A Bill
to amend and reenact §5-10A-2, §5-
10A-3, §5-10A-4, §5-10A-5, §5-10A-6, §5-10A-7 and §5-10A-8 of the
Code of West Virginia, 1931, as amended, all relating to
disqualification for public retirement benefits; adding the
definition of "former participant"; providing for termination of
retirement benefits in all public retirement plans of former and
present participants who have rendered less than honorable service;
and providing for retention of vested employer contributions for
members of the Teachers' Defined Contribution Retirement System
whose benefits are terminated for less than honorable service.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 201), under the original
double committee reference, was then referred to the Committee on
Finance.
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
Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No.
239
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6I-1, §11-6I-2, §11-6I-3, §11-6I-4, §11-6I-5, §11-
6I-6, §11-6I-7, §11-6I-8, §11-6I-9, §11-6I-10 and §11-6I-11, all
relating to the Senior Citizen Property Tax Payment Deferment Act;
providing definitions; providing deferment for payment of the
property tax increment; requiring application for the deferment;
providing for deferment renewal and waiver of deferment; providing
procedures for the review and approval of application by the
assessor; providing an appeals procedure; authorizing creation of
a lien on property for which deferment is approved; specifying
conditions for liens and lien payment and termination; requiring
the Tax Commissioner to prescribe necessary forms and instructions;
establishing criminal penalties; and authorizing severability of
provisions of the article.
Referred to the Committee on Finance.
By Senators
Kessler, McCabe, Edgell, Plymale, Unger, Jenkins,
Foster, Hunter, White, Wells, Sprouse, Love, Guills and Stollings:
Senate Bill No.
240
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17, §3-12-18 and §3-12-19, all
relating to creating the West Virginia Public Campaign Financing
Act; providing alternative campaign financing option for candidates
for the State Senate and House of Delegates through public funds;
setting forth short title and certain legislative findings and
declarations; defining terms; specifying that the provisions of the
act are applicable to certain candidates for the offices of the
State Senate and House of Delegates beginning in two thousand ten;
establishing a Public Campaign Financing Fund and sources of
revenue for the fund; requiring an additional penalty assessment be
imposed against violators of administrative orders, rules of state
governmental agencies, boards and commissions; requiring an
applicant for public campaign funding to complete a declaration of
intent and setting forth the manner in which an application for
funding may be made; setting forth eligibility criteria for
qualifying party and independent candidates; allowing participating
candidates to raise from private sources and spend seed money
contributions; requiring candidates seeking public campaign funds
to collect a required number of qualifying contributions; requiring
candidates to provide detailed receipts to contributors and to the
State Election Commission for seed money and qualifying
contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission
to certify eligible candidates and setting forth the procedure for
certification; providing for distribution of sums from the Public
Campaign Financing Fund to qualified candidates for funding
election campaigns; specifying the amount of funds available for
each candidate and when the funds become available; setting forth
restrictions on participating candidates' contributions and
spending; prohibiting participating candidates from accepting
private contributions other than as specifically set forth in the
act; prohibiting the use of personal funds for certain purposes;
permitting qualified candidates to raise funds from private sources
when there is insufficient money in the Public Campaign Financing
Fund to make a complete distribution to all qualified candidates;
requiring certain disclosures; requiring candidates keep records
and report to the State Election Commission; providing for matching
public campaign funds when an opponent spends in excess of the
initial funding available and for independent expenditures on
behalf of a nonparticipating or certified opponent; setting forth
certain duties of the State Election Commission; providing for the
deposit of certain revenue into the fund; requiring repayment of
excessive expenditures by candidates; providing both civil and
criminal penalties for violations of the act; and setting forth an
effective date.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Unger, Love, Hunter and Green:
Senate Bill No.
241
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104,
§46A-2B-105 and §46A-2B-106, all relating to the unauthorized
acquisition of data that compromises the security, confidentiality
or integrity of personal information maintained by the data
collector; requiring notification to the consumer of any breach of
consumer information security; requiring certain actions by data
collectors with respect to breach of security; prohibiting waiver
of provisions; making violations an unconscionable act; providing
civil penalties for violations; providing other remedies; and
providing that the provisions of said article are severable under
certain circumstances.
Referred to the Committee on the Judiciary.
By Senators
White, Kessler, Stollings and Hunter:
Senate Bill No.
242
--A Bill to amend and reenact §17B-3-6 of
the Code of West Virginia, 1931, as amended, relating to a safe
driving course that allows persons with twelve or less points on
their license to receive a three-point deduction in points and not
have their license suspended pending completion of the course.
Referred to the Committee on Transportation and
Infrastructure.
By Senator
Kessler:
Senate Bill No.
243
--
A Bill to amend and reenact §38-5A-4 and
§38-5A-5 of the Code of West Virginia, 1931, as amended; to amend
and reenact §38-5B-4 of said code; and to amend and reenact §59-1-
11 of said code, all relating to clarifying the fees assessed by
circuit clerks; and increasing the amount circuit clerks are
allowed to charge for copies and for preparing appeals.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators
Jenkins, Caruth, Minard, Stollings, Sypolt, Wells,
Foster, Guills and Plymale:
Senate Bill No.
244
--A Bill to amend and reenact §44-6A-1,
§44-6A-2, §44-6A-3, §44-6A-4, §44-6A-5, §44-6A-6, §44-6A-7 and
§44-6A-8 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated
§44-6A-9 and §44-6A-10, all relating to funds held for charitable
purposes by nonprofit charitable institutions; repealing the
Uniform Management of Institutional Funds Act (UMIFA); creating the
Uniform Prudent Management of Institutional Funds Act (UPMIFA);
standards of conduct in managing and investing institutional funds;
appropriation of institutional funds for expenditures or
accumulation; criteria for expenditure or accumulation of
institutional funds; delegation to an external agent for the
purpose of managing and investing of institutional funds; modifying or releasing donor restrictions on management, investment or
purpose of funds; reviewing compliance; application to existing
institutional funds; relation to the federal Electronic Signatures
in Global and National Commerce Act; and uniformity in the
application and construction of the act.
Referred to the Committee on Finance.
By Senators
Yoder, Prezioso, Barnes, Bowman, Unger and
Stollings:
Senate Bill No.
245
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-24-12a, relating to providing a corporate tax credit
for qualified health insurance policies provided by corporate
employers to employees.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators
Yoder, Barnes and Unger:
Senate Bill No.
246
--
A Bill to amend and reenact §11-1C-9 of
the Code of West Virginia, 1931, as amended, relating to providing
for a ten percent cap on any increase in one year for periodic
valuations and assessments of real and personal property.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators
White, Unger and Hunter:
Senate Bill No.
247
--
A Bill to amend and reenact §12-6-2 of the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto two new sections, designated §12-6-12a and
§12-6-12b; to amend and reenact §12-6C-3 of said code; and to amend
said code by adding thereto two new sections, designated §12-6C-9a
and §12-6C-9b, all relating to the divestiture of state moneys from
companies that do business in countries that sponsor or promote
terrorist activities.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators
Barnes, Unger, Yoder, Hunter, McKenzie, Kessler,
Prezioso, Foster, Sprouse, Boley, Edgell, Love, Guills, Plymale,
Jenkins and Green:
Senate Bill No.
248
--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §17B-7-1, relating to providing that West Virginia will
not participate in the REAL ID Act of 2005 enacted by the United
States Congress in Public Law 109-13.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators
Yoder, Barnes, Unger and Love:
Senate Bill No.
249
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-5a, relating to providing a housing supplement for
members of the State Police.
Referred to the Committee on Finance.
By Senator
Unger:
Senate Bill No.
250
--
A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-5a, relating to compensating state troopers for
off-duty time when they are required to be on standby to be called
back to work.
Referred to the Committee on Finance.
Senator Minard offered the following resolution:
Senate Concurrent Resolution No. 22--Requesting the Division
of Highways name bridge number 17-NO310-0.09 (2930) located at the
east end of Main Street in Clarksburg, Harrison County, presently
known as the Industrial Bridge, the "PFC Hotty Herrick Bridge".
Whereas, Clarence C. "Hotty" Herrick was born on July 4, 1923,
in Clarksburg, Harrison County, and graduated from Roosevelt High
School in 1942 where he excelled in sports; and
Whereas, Hotty Herrick was determined to serve his country.
Despite being rejected from enlistment in the Marines due to poor
vision, he persevered and joined the Army in Company F as a Private
First Class (PFC), 1st Ranger Battalion; and
Whereas, Hotty Herrick served his country honorably, making
the ultimate sacrifice of his life during the Allies' advance from
Naples to Rome in 1943; and
Whereas, Had it not been for Hotty Herrick volunteering to take the place of a married man with children on that fatal
mission, he might have returned to his home and family; and
Whereas, Hotty Herrick was awarded two Purple Hearts for his
valiant service and it is fitting and proper to memorialize his
life by naming the Industrial Bridge for him; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 17-NO310-0.09 (2930) located at the east end of Main
Street in Clarksburg, Harrison County, presently known as the
Industrial Bridge, the "PFC Hotty Herrick Memorial Bridge"; and, be
it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the "PFC
Hotty Herrick 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 Mayor and City Council
of the City of Clarksburg.
Which, under the rules, lies over one day.
Senators Yoder, Barnes, Love and Unger offered the following
resolution:
Senate Concurrent Resolution No. 23--
Requesting the Joint
Committee on Government and Finance study providing safe and
affordable housing for State Police officers and their families.
Whereas, State Police officers are often required to transfer
as job assignments, promotions and the public safety needs of this
state require; and
Whereas, State Police officers and their families deserve to
live in safe and affordable housing in the communities in which
they serve; and
Whereas, The compensation of State Police officers does not
account for the differential in housing costs throughout the state
nor the ability of State Police officers to find safe and
affordable housing for their families in high-cost housing areas of
the state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study providing safe and affordable housing for State
Police officers and their families; 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.
Senators Stollings, Tomblin (Mr. President) and Unger offered
the following resolution:
Senate Resolution No. 3--Congratulating Jordan Roberts for
winning the 2007 Harry H. Kennedy Award, presented annually to the
Mountain State's most outstanding high school football player.
Whereas, Jordan Roberts is a senior at Scott High School in
Boone County and is a tailback on the Scott High School football
team; and
Whereas, Jordan Roberts' hard work and dedication allowed him
to run for a state record of 3,829 yards and 48 touchdowns his
senior year and for 5,933 yards and 80 touchdowns in his two-year
high school career; and
Whereas, Jordan Roberts set a pair of state playoff rushing
records with 399 yards and eight touchdowns in a quarterfinal win
against Berkeley Springs; and
Whereas, Jordan Roberts has displayed focus and determination
not only on the football field, but also in the classroom where he
excelled with a 3.75 grade point average; and
Whereas, Jordan Roberts played and excelled in the Max
Emfinger All-America Game; and
Whereas, Jordan Roberts extraordinary ability on the football
field earned him the 2007 Harry H. Kennedy Award, as voted by the
West Virginia Sports Writers Association; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates Jordan Roberts for
winning the 2007 Harry H. Kennedy Award; and, be it
Further Resolved, That the Senate expresses to Jordan Roberts
its best wishes for continued success in the future; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Jordan Roberts.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Stollings regarding the
adoption of Senate Resolution No. 3 were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 20, Urging Congress pass
legislation protecting public from toxic imports.
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. 21, Requesting Joint Committee on Government and Finance study utilizing social work
services in public schools.
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.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Deem.
Thereafter, at the request of Senator Helmick, and by
unanimous consent, the remarks by Senator Deem were ordered printed
in the Appendix to the Journal.
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, January 18, 2008, at 11 a.m.
____________