WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TENTH DAY
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Charleston, W. Va., Friday, January 18, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Right Reverend W. Michie Klusmeyer,
Bishop, Episcopal Diocese of West Virginia, Charleston, West
Virginia.
Pending the reading of the Journal of Thursday, January 17,
2008,
On motion of Senator Stollings, 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 Legislative
Oversight Committee on the Regional Jail and Correctional Facility
Authority, submitting its annual report, in accordance with chapter
thirty-one, article twenty, section twenty-six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 2020--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22A-1-40, relating to notice of hazardous chemicals,
substances, materials and lead exposure to employees of mine
operators; requiring Director of Miners' Health, Safety and
Training to adopt a list of hazardous substances by rule and to
compile and provide safety information regarding hazardous
substances; and providing a criminal penalty for violations.
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. House Bill No. 4038--A Bill to amend and reenact §21-3C-
1, §21-3C-2, §21-3C-7, §21-3C-8, §21-3C-11 and §21-3C-12 of the
Code of West Virginia, 1931, as amended; and to amend said code by
adding thereto a new section, designated §21-3C-10a, relating to
the Elevator Safety Act; requiring annual inspections of elevators;
requiring elevator mechanics to be licensed by the Division of
Labor; authorizing legislative rules; providing for fees; and
providing civil and criminal penalties for noncompliance.
Referred to the Committee on Government Organization.
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 Sypolt and Bowman:
Senate Bill No. 251--A Bill to amend and reenact §30-13A-36 of
the Code of West Virginia, 1931, as amended, relating to removing
the exemption for employees or officers of the state or a political
subdivision of the state from the licensing and regulatory
provisions that apply to land surveyors.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Barnes, Yoder, Bailey, Love, Fanning and Sypolt:
Senate Bill No. 252--A Bill to amend and reenact §61-7-2 and
§61-7-10 of the Code of West Virginia, 1931, as amended, all
relating to prohibiting the purchase or attempt to purchase a
firearm from a firearm dealer by a person other than the actual
purchaser; prohibiting and punishing a person other than a
law-enforcement officer acting within the scope of duty from
soliciting a firearm dealer to convey a firearm other than to an
actual buyer; prohibiting and punishing the purchase or other
acquisition of a firearm with the intent of certain dispositions of
the same; prohibiting and punishing an attempt by a person
prohibited from possessing firearms to purchase a firearm through
a third-party purchaser; defining terms; and conforming certain
definitions to federal law.
Referred to the Committee on the Judiciary.
By Senator Sypolt:
Senate Bill No. 253--A Bill to amend and reenact §30-13A-27 of the Code of West Virginia, 1931, as amended, relating to specifying
the United States survey foot and the associated conversion factor
of one meter equals 39.37/12 feet for the purposes of the West
Virginia Coordinate System of 1983.
Referred to the Committee on Interstate Cooperation.
By Senator Bowman:
Senate Bill No. 254--A Bill to amend and reenact §5-16-9 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §5-16C-7 of said code, all relating to Purchasing Division
requirements applying to the Public Employees Insurance Agency.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Sypolt, Bailey, Love, McCabe, Yoder, Stollings and
Hunter:
Senate Bill No. 255--A Bill to amend and reenact §20-2-7 of
the Code of West Virginia, 1931, as amended, relating to hunting,
trapping or fishing on lands of another person; and absolving the
landowner and his or her tenant or agent of civil liability for
injuries suffered by a person hunting, trapping or fishing on his
or her lands with or without written permission.
Referred to the Committee on Natural Resources; and then to
the Committee on the Judiciary.
By Senators Love, Hunter, White and McKenzie:
Senate Bill No. 256--A Bill to amend and reenact §17B-2-10 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §17B-2-10a, all relating to allowing limited driving privileges when a driver's
license is suspended for certain reasons.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Love, Hunter, White, McKenzie and Minard:
Senate Bill No. 257--A Bill to repeal §28-5-2, §28-5-10,
§28-5-11, §28-5-12, §28-5-13, §28-5-14, §28-5-15, §28-5-16,
§28-5-17, §28-5-18, §28-5-19, §28-5-20 and §28-5-21 of the Code of
West Virginia, 1931, as amended, relating to outdated provisions
addressing the operation of the penitentiary by the Commissioner of
Public Institutions, the hiring of inmates as domestics and the
hiring out of inmates by contract.
Referred to the Committee on the Judiciary.
By Senators Love, Hunter, White, McKenzie and Minard:
Senate Bill No. 258--A Bill to repeal §28-5A-1, §28-5A-2,
§28-5A-3, §28-5A-4 and §28-5A-5 of the Code of West Virginia, 1931,
as amended, relating to the Huttonsville Correctional Center.
Referred to the Committee on the Judiciary.
By Senators Love, Green, Hunter, McKenzie, White, Minard and
Jenkins:
Senate Bill No. 259--A Bill to amend and reenact §31-20-10 of
the Code of West Virginia, 1931, as amended, relating to limiting
the per diem rate in regional jails to half for partial days of
twelve hours or less.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love, Hunter, McKenzie and White:
Senate Bill No. 260--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §51-1-21, relating to authorizing the Supreme Court of
Appeals to promulgate rules to establish and administer a uniform
bail schedule.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 261--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §40-1-9a, relating to the validity of a transfer of
after-acquired property.
Referred to the Committee on the Judiciary.
By Senators Love, Hunter, McKenzie, White and Minard:
Senate Bill No. 262--A Bill to repeal §26-6-1 and §26-6-2 of
the Code of West Virginia, 1931, as amended, relating to Denmar
State Hospital.
Referred to the Committee on the Judiciary.
By Senators Love, Green, Hunter, McKenzie, White and Minard:
Senate Bill No. 263--A Bill to amend and reenact §25-1-3,
§25-1-3b, §25-1-11a and §25-1-11c of the Code of West Virginia,
1931, as amended; and to amend and reenact §25-4-4 of said code,
all relating generally to the Division of Corrections; updating the
statutory list of correctional facilities over which the
commissioner has control; providing that the commissioner is
authorized to contract with the McDowell County Commission to house and incarcerate inmates at the Stevens Correctional Center;
providing that when a commissary in a division facility is operated
by a vendor, the negotiated commission paid by the vendor is to be
deposited into the facility's inmate benefit fund; clarifying that
wardens and administrators of correctional facilities are subject
to the direction of the commissioner; specifying that all employees
of the Division of Corrections are responsible for enforcing rules
and laws necessary for the control and management of correctional
units; modifying duties of those employees designated as
correctional peace officers; and providing that wardens of centers
for housing young adult offenders have the same qualifications,
powers and duties as other wardens of correctional facilities.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 264--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §6C-4-1, §6C-4-2 and §6C-4-3, all relating to
reimbursement of compensation paid to certain state employees for
training, education and professional development.
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. 265--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5 and
§11-6H-6, all relating to the method of valuation of certain
aircraft; providing definitions; providing methodology for
valuation of certain aircraft; stating that the initial
determination of valuation is to be made by the county assessor;
and authorizing the protest and appeal of the assessor's decision.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Love, Green, Hunter, McKenzie, White, Kessler,
Minard and Unger:
Senate Bill No. 266--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to reducing
state income tax for state correctional officer retirees by
exempting state correctional officers' retirement income from the
federal adjusted gross income for calculating adjusted gross income
for state income tax purposes.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Love, Hunter, White, McKenzie, Minard, Stollings,
Kessler and Jenkins:
Senate Bill No. 267--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-2a, relating to retention salary increases for
Division of Corrections' and Division of Juvenile Services'
employees based on years of service.
Referred to the Committee on Finance.
By Senators Love, Hunter, McKenzie, White and Minard:
Senate Bill No. 268--A Bill to amend and reenact §17C-15-26 of
the Code of West Virginia, 1931, as amended, relating to allowing
vehicles designated by the Secretary of the Department of Military
Affairs and Public Safety for emergency response by the Division of
Corrections, Regional Jail and Correctional Facility Authority and
Division of Juvenile Services to use red flashing lights.
Referred to the Committee on Transportation and
Infrastructure.
By Senators Hunter, Yoder, Foster and Unger:
Senate Bill No. 269--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Y-1; and to amend and reenact §18-2-5 of said
code, all relating to authorizing a tax credit for new teachers in
critical needs areas; and requiring the State Board of Education to
determine standards defining "critical needs areas" in both subject
areas and geographic areas.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Hunter and Unger:
Senate Bill No. 270--A Bill to amend and reenact §62-11A-1 of
the Code of West Virginia, 1931, as amended, relating to
eliminating obsolete language requiring circuit clerks to handle
and disburse certain inmate moneys.
Referred to the Committee on the Judiciary.
Petitions
Senator Jenkins presented a petition from Shannon Stanley and
twenty-three faculty and staff members of Crum 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 Charlotte R. Oyler
and forty-three faculty and staff members of Wayne 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.
At the request of Senator Chafin, and by unanimous consent,
the Senate 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 Bill No. 271 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §15-2-6 of the Code of West
Virginia, 1931, as amended, relating to grievance appeal
recommendation board; providing rule-making authority; and
establishing grievance procedure for State Police.
Senate Bill No. 272 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §46A-6F-113 of the Code of
West Virginia, 1931, as amended, relating to definition of
"telemarketing solicitation".
And,
Senate Bill No. 273 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §7-1-3jj of the Code of
West Virginia, 1931, as amended; and to amend and reenact §8-12-5c
of said code, all relating to making certain technical corrections
to statutory references.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 22, Requesting Division of
Highways name bridge in Clarksburg, Harrison County, "PFC Hotty
Herrick 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. 23, Requesting Joint
Committee on Government and Finance study providing safe and
affordable housing for State Police.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senator Chafin were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate adjourned until
Monday, January 21, 2008, at 11 a.m.
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