WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRTEENTH DAY

____________

Charleston, W. Va., Monday, January 21, 2008

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

 Appalachian Children's Chorus, Charleston, West Virginia, and Randall Reid-Smith, Commissioner of the Division of Culture and History proceeded in the singing of "Get on Board" and "Make Them Hear You" accompanied by Olga Young on the piano.
 Pending the reading of the Journal of Friday, January 18, 2008,
On motion of Senator Hunter, 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.
At the request of Senator Chafin, and by unanimous consent, the provisions of rule number fifty-four of the Rules of the Senate, relating to persons entitled to the privileges of the floor, were suspended in order to grant United States military veterans privileges of the floor for the day.
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. Com. Sub. for House Bill No. 2104--A Bill to amend and reenact §61-11A-2 and §61-11A-3 of the Code of West Virginia, 1931, as amended, all relating to ensuring victims' rights to testify at sentencing in criminal cases; requiring review by the sentencing court of the notice provided to a felony victim prior to sentencing when the victim does not respond or tender an oral or written statement for consideration at sentencing; requiring the postponement of the sentencing hearing under certain circumstances when notice to the victim is deemed inadequate; clarifying adequate notice; and requiring court review and confirmation that the statutory requirements pertaining to victim impact statements have been met, prior to sentencing.
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. 2402--A Bill to amend and reenact §61-5-27a of the Code of West Virginia, 1931, as amended, relating to the impersonation of a public official or employee.
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. 2503--A Bill to amend and reenact §17B-2-1 of the Code of West Virginia, 1931, as amended, relating to the requirements for obtaining a state-issued identification card; and allowing persons who possess a valid driver's license to also possess an identification card.
Referred to the Committee on Transportation and Infrastructure.
Executive Communications

 Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

January 17, 2008

The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Tomblin and Speaker Thompson:
After submission of my recommended FY 2009 Executive Budget on January 9, 2008, there have been a few areas that have been reviewed and, therefore, I would like to provide you with several recommended revisions:
Section 1. Appropriations from general revenue.

Legislative
Joint Expenses, Fund 0175, Fiscal Year 2009, Org 2300
(Moved funding to Excess Lottery.)
  1. Decrease "Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)", Activity 642 by $8,000,000

Executive
Department of Agriculture, Fund 0131, Fiscal Year 2009, Org 1400
(Restore funding to FY 2008 level.)
  1. Add a new item of appropriation for "4-H Camp Improvements", Activity 941 in the amount of $650,000

Department of Administration
Public Defender Services, Fund 0226, Fiscal Year 2009, Org 0221
  1. Reduce "Public Defender Corporations", Activity 352 by $125,000

Department of Commerce
West Virginia Development Office, Fund 0256, Fiscal Year 2009, Org 0307
(Deleted so the funding can be moved to the WV Council for Community and Technical College Education.)

  1. Delete "Community College Workforce Development", Activity 878 for $500,000

  2. Delete "College Transition Program", Activity 887 for $166,750

  3. Delete "WV Advance Workforce Development", Activity 893 for $2,500,000

  4. Delete "Technical Program Development", Activity 894 for $1,500,000

Division of Miners' Health, Safety and Training, Fund 0277, Fiscal Year 2009, Org 0314
(To provide additional funding for a 3% across-the-board salary increase in addition to the $3,000 across-the-board salary increase already provided in my original budget for mine safety instructors and inspectors.)

  1. Increase "Personal Services", Activity 001 by $138,493

  2. Increase "Employee Benefits", Activity 010 by $27,699

Department of Health and Human Resources
Division of Health - Central Office, Fund 0407, Fiscal Year 2009, Org 0506
(Restore funding to FY 2008 level.)
  1. Increase "Emergency Response Entities - Special Projects", Activity 822 by $400,000

Department of Military Affairs and Public Safety
Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2009, Org 0601
  1. Add reappropriation language for "Homeland State Security Administrative Agency", Activity 953

Division of Corrections - Central Office, Fund 0446, Fiscal Year 2009, Org 0608
(To provide additional funding for a 3% across-the-board salary increase in addition to the $2,004 across-the-board salary increase already provided in my original budget.)

  1. Increase "Personal Services", Activity 001 by $9,109

  2. Increase "Employee Benefits", Activity 010 by $1,822

Division of Corrections - Correctional Units, Fund 0450, Fiscal Year 2009, Org 0608
(To provide additional funding for a 3% across-the-board salary increase in addition to the $2,004 across-the-board increase already provided in my original budget.)

  1. Increase "Charleston Work Release", Activity 456 by $16,258

  2. Increase "Beckley Correctional Center", Activity 490 by $18,502

  3. Increase "Huntington Work Release", Activity 495 by $14,320

  4. Increase "Anthony Center", Activity 504 by $81,654

  5. Increase "Huttonsville Correctional Center", Activity 514 by $332,627

  6. Increase "Northern Correctional Facility", Activity 534 by $118,202

  7. Increase "Pruntytown Correctional Center", Activity 543 by $122,612

  8. Increase "Corrections Academy", Activity 569 by $22,277

  9. Increase "Martinsburg Correctional Center", Activity 663 by $54,996

  10. Increase "Parole Services", Activity 686 by $54,202

  11. Increase "Special Services", Activity 687 by $41,119

  12. Increase "St. Mary's Correctional Facility", Activity 881 by $215,737

  13. Increase "Denmar Correctional Facility", Activity 882 by $79,558

  14. Increase "Ohio County Correctional Facility", Activity 883 by $25,410

  15. Increase "Mount Olive Correctional Facility", Activity 888 by $302,478

  16. Increase "Lakin Correctional Facility", Activity 896 by $142,718

Division of Juvenile Services, Fund 0570, Fiscal Year 2009, Org 0621
  1. Increase "Robert L. Shell Juvenile Center", Activity 267 by $35,992

  • Increase "Central Office", Activity 701 by $38,668

  • Increase "Gene Spadaro Juvenile Center", Activity 793 by $37,016

  • Increase "WV Industrial Home for Youth", Activity 979 by $187,242

  • Increase "Davis Center", Activity 980 by $49,489

  • Increase "Eastern Regional Juvenile Center", Activity 981 by $24,008

  • Increase "North Central Regional Juvenile Center", Activity 983 by $37,182

  • Increase "Southern Regional Juvenile Center", Activity 984 by $36,097

  • Increase "Tiger Morton Center", Activity 985 by $36,046

  • Increase "Donald R. Kuhn Juvenile Center", Activity 986 by $80,706

  • Increase "J. M. 'Chick' Buckabee Juvenile Center", Activity 987 by $29,530

    • Higher Education
    West Virginia Council for Community and Technical College Education - Control Account, Fund 0596, Fiscal Year 2009, Org 0420
    (Increase is from funding moved from the WV Development Office for these activities.)

    1. Increase "Community College Workforce Development", Activity 878 by $500,000

    2. Increase "College Transition Program", Activity 887 by $166,750

    3. Increase "WV Advance Workforce Development", Activity 893 by $2,500,000

    4. Increase "Technical Program Development", Activity 894 by $1,500,000

    Higher Education Policy Commission - Administration - Control Account, Fund 0589, Fiscal Year 2009, Org 0441
    (Increase is from funding moved from lottery for these activities.)

    1. Increase "Higher Education Grant Program", Activity 164 by $282,304

    2. Add a new item of appropriation for "HEAPS Grant Program", Activity 867 in the amount of $5,003,696

    Higher Education Policy Commission - System - Control Account, Fund 0586, Fiscal Year 2009, Org 0442
    (Change from error on appropriation request allocating Title III funding intended for WV State University to West Liberty State College.)

    1. Reduce "West Liberty State College", Activity 439 by $725,023

    2. Increase "West Virginia State University", Activity 441 by $725,023

    Sec. 3. Appropriations from other funds.

    Department of Environmental Protection
    Division of Environmental Protection - Oil and Gas Reclamation Fund, Fund 3322, Fiscal Year 2009, Org 0313
    (To reflect increased spending authority granted in FY 2008.)
    1. Increase "Unclassified - Total", Activity 096 by $230,000

    Division of Environmental Protection - Oil and Gas Operating Permit and Processing Fund, Fund 3323, Fiscal Year 2009, Org 0313
    (To reflect increased spending authority granted in FY 2008.)
    1. Increase "Personal Services", Activity 001 by $300,000

    2. Increase "Employee Benefits", Activity 010 by $102,000

    3. Increase "Unclassified", Activity 099 by $88,000

    Department of Revenue
    Lottery Commission - Revenue Center Construction Fund, Fund 7209, Fiscal Year 2009, Org 0705
    (This is to allow additional spending authority for the new revenue center building.)

    1. Increase "Unclassified - Total", Activity 096 by $47,293,000

    Sec. 4. Appropriations from lottery net profits.

    State Department of Education, Fund 3951, Fiscal Year 2009, Org 0402
    (Restore funding to FY 2008 level.)
    1. Add a new item of appropriation for "Unclassified", Activity 099 in the amount of $4,200,000

    Division of Culture and History - Lottery Education Fund, Fund 3534, Fiscal Year 2009, Org 0432
    (Restore funding to FY 2008 level.)

    1. Increase "Fairs and Festivals", Activity 122 by $686,000

    Library Commission - Lottery Education Fund, Fund 3559, Fiscal Year 2009, Org 0433
    (Restore funding to FY 2008 level.)

    1. Increase "Libraries - Special Projects", Activity 625 by $400,000

    Bureau of Senior Services - Lottery Senior Citizens Fund, Fund 5405, Fiscal Year 2009, Org 0508
    1. Increase "Senior Citizens Centers and Programs", Activity 462 by $500,000

    2. Reduce "Legislative Initiatives for the Elderly", Activity 904 by $500,000

    Higher Education Policy Commission - Lottery Education - Higher Education Policy Commission - Control Account, Fund 4925, Fiscal Year 2009, Org 0441
    (Funding moved to General Revenue.)
    1. Reduce "Higher Education Grant Program", Activity 164 by $282,304

    2. Delete "HEAPS Grant Program", Activity 867 by $5,003,696

    Sec. 5. Appropriations from state excess lottery revenue fund.

    Joint Expenses, Fund 1736, Fiscal Year 2009, Org 2300
    (Moved $8,000,000 from General Revenue and added $7,000,000 to restore funding to FY 2008 level.)

    1. Add a new item of appropriation for "Tax Reduction and Federal Funding Increased Compliance (TRAFFIC)", Activity 642 with $15,000,000

    2. Please add language to read as follows:

    "The above appropriation for Tax Reduction and Federal Funding Increased Compliance (TRAFFIC) (activity 642) shall be funded only after all funding required by chapter twenty-nine, article twenty-two, section eighteen-a of the code has been satisfied as determined by the director of the lottery, and activities 482, 417 and 288 in Fund 7208, Fiscal Year 2009, Org 0705 have been funded in their entirety."

    Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2009, Org 0705
    1. Reduce "Other Post Employee Benefits - Transfer", Activity 289 by $15,000,000

    Thank you for your time and consideration in this matter. Your cooperation is always appreciated.
    Should you have any questions or require additional information, please call me at any time.
    Sincerely,
    Joe Manchin III,
    Governor.
    Which communication was received and 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     Unger, Hunter and Kessler:
    Senate Bill No.     274 -- A Bill to amend and reenact §61-8-19 of the Code of West Virginia, 1931, as amended, relating to prescribing minimum requirements relative to tethering or chaining any animal; including the length and weight of chains or tethering devices, as well as other requirements, all of which are intended to protect animals from cruel treatment; and providing criminal penalties for violations.
     Referred to the Committee on the Judiciary.
    By Senator     Minard:
    Senate Bill No.     275 -- A Bill to amend and reenact §31A-8A-2 and §31A-8A-3 of the Code of West Virginia, 1931, as amended, all relating to providing that the Division of Banking receive notice of applications by West Virginia state banks or bank holding companies to acquire out-of-state banks and bank holding companies.
     Referred to the Committee on Banking and Insurance.
    By Senators     Bowman, Helmick, Prezioso, Unger, Facemyer, Guills and Plymale:
    Senate Bill No.     276 -- A Bill to amend and reenact §29-21-13a of the Code of West Virginia, 1931, as amended, relating to Public Defender Services generally; clarifying panel attorney compensation and expenses; and providing a limit on submission of claims.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
    By Senators     Foster, Hunter and Kessler:
    Senate Bill No.     277 -- A Bill to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, relating to authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
    By Senators     Tomblin (Mr. President) and Caruth (By Request of the Executive):
    Senate Bill No.     278 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new sections, designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated §30-5-10a; to amend said code by adding thereto a new section, designated §30-7-6a; to amend said code by adding thereto a new section, designated §30-8-5a; to amend said code by adding thereto a new section, designated §30- 14A-5; to amend said code by adding thereto a new section, designated §30-20-8a; to amend said code by adding thereto a new section, designated §30-23-3a; and to amend said code by adding thereto a new section, designated §30-28-8a, all relating to the establishment of special volunteer licenses for health care professionals donating their expertise for the care and treatment of indigent and needy patients in the clinic setting; and providing civil immunity therefor.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
    By Senator     Bowman:
    Senate Bill No.     279 -- A Bill to amend and reenact §16-1-2 and §16-1-5 of the Code of West Virginia, 1931, as amended, all relating to definitions; appointment of the Commissioner and the State Health Officer for the Bureau for Public Health; and qualifications for the positions.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
    By Senators     McCabe, Bailey, Foster and Plymale:
    Senate Bill No.     280 -- A Bill to amend and reenact §8-13B-3, §8-13B-5, §8-13B-7 and §8-13B-14 of the Code of West Virginia, 1931, as amended, all relating to modifying the Downtown Redevelopment Act to promote development of municipal areas which are unusable without extraordinary expenditures.
     Referred to the Committee on Economic Development; and then to the Committee on Finance.
    By Senator     Sypolt:
    Senate Bill No.     281 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-13A-38; and to amend said code by adding thereto a new section, designated §31-2-16, all relating to land surveyors entering on railroad property; providing railroad company not liable for injury or damages sustained by land surveyor on railroad property; and providing liability for actual damages to railroad property caused by land surveyor.
     Referred to the Committee on the Judiciary.
    By Senators     Jenkins, Bailey, Plymale, Stollings, Barnes, Boley, Bowman, Green, McKenzie, Kessler and Love:
    Senate Bill No.     282 --A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-46A-1, §33-46A-2, §33-46A-3, §33-46A-4, §33-46A-5, §33-46A-6, §33-46A-7, §33-46A-8, §33-46A-9, §33-46A-10 and §33-46A-11, all relating to professional employer organizations; providing declaration of purpose and intent; providing definitions; clarifying rights, duties and obligations unaffected by the article; requiring license from the Insurance Commissioner to engage in the business of a professional employer organization; setting forth licensure requirements; providing for legislative and emergency rules; authorizing the Insurance Commissioner to establish licensure and other fees; setting forth requirements for professional employer agreements; allocating tax credits, status, incentives and liability; providing requirements for workers' compensation coverage; providing requirements for unemployment compensation coverage; providing enforcement measures, including penalties; requiring study of health plans; and prohibiting self-funded health plans.
    Referred to the Committee on Government Organization; and then to the Committee on Finance.
    By Senators     Sypolt and Stollings:
    Senate Bill No.     283 -- A Bill to amend and reenact §11-21-21 of the Code of West Virginia, 1931, as amended, relating to changing the qualifier for low income to three hundred percent or less of the federal poverty guideline from one hundred fifty percent or less of the federal poverty guideline for a senior citizens' homestead tax credit.
     Referred to the Committee on Finance.
    By Senator     Sypolt:
    Senate Bill No.     284 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-13A-38; and to amend said code by adding thereto a new section, designated §31-2-16, all relating to land surveyors entering on railroad property; providing railroad company not liable for injury or damages sustained by land surveyor on railroad property; and providing liability for actual damages to railroad property caused by land surveyor.
     Referred to the Committee on the Judiciary.
    By Senators     Unger, Foster, Love and Kessler:
    Senate Bill No.     285 -- A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-2-24b; to amend and reenact §15-2A-6, §15-2A-9, §15-2A-10 and §15-2A-12 of said code; and to amend and reenact §61-7-4 of said code, all relating to the West Virginia State Police Retirement System; lowering the normal retirement age; eliminating any reduction in the disability benefit of a State Police officer who is disabled on the job; increasing limit on scholarship money available to certain surviving dependent children; raising fees for certain finger-printing services and permits to carry deadly weapon; and dedicating additional fees to the State Police Retirement Fund.
     Referred to the Committee on Pensions; and then to the Committee on Finance.
    By Senators     Prezioso, Bailey, Edgell, Foster, Hunter, Kessler, Minard, Unger, Deem, Guills, Yoder, Love, McCabe, Plymale and Jenkins:
    Senate Bill No.     286 -- A Bill to amend and reenact §9-6-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §49-6A-9 of said code, all relating to personal immunity from civil liability for adult protective service workers and child protective service workers performing employment-related duties and responsibilities within their official capacity.
     Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
    Senators Yoder, Chafin, Bailey and Barnes offered the following resolution:
    Senate Concurrent Resolution No.     24--Requesting the Joint Committee on Government and Finance study the feasibility, effectiveness and desirability of changing the venue of civil actions when the state is a defendant.
    Whereas, Article two, chapter fourteen of the Code of West Virginia provides that any suit against an officer of the state or against the state shall be brought and prosecuted only in the circuit court of Kanawha County; and
    Whereas, As a result, judges in the Kanawha County circuit have higher caseloads and are overworked while judges in some of the other circuits may be underutilized; and
    Whereas, It is reasonable to consider a fairer distribution of cases throughout the state to eliminate the need for additional circuit court judges; 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, effectiveness and desirability of changing the venue of civil actions when the state is a defendant; 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 Hunter, Plymale, McCabe, Kessler, Love, Foster and Jenkins offered the following resolution:
    Senate Resolution No. 4--     Designating January 21, 2008, as "Veterans Visibility Day".
    Whereas, From the Revolutionary War, which gave America its identity as a free and democratic nation, to this moment, America's men and women have always risen to the call of duty in order to defend and preserve our freedom and help maintain freedom throughout the world; and
    Whereas, Per capita, more citizens from West Virginia have served in our nation's armed forces than from any other state. We are proud of our citizens who, despite danger, have done what they must for peace and freedom; and
    Whereas, Through wars, conflicts and the threat of terror, thousands of West Virginians have paid the ultimate price for freedom with their lives and thousands more have been wounded in battle; and
    Whereas, The Senate is proud to honor those currently serving in harm's way in Iraq, Afghanistan and in other countries all over the world to protect democracy from the threat of terror; and
    Whereas, It is always important that we honor the many brave West Virginians who have faced the enemy, been wounded and even given their lives not only for our freedom, but for freedom around the world; therefore, be it
    Resolved by the Senate:
    That the Senate hereby designates January 21, 2008, as "Veterans Visibility Day"; and, be it
    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Division of Veterans' Affairs.
    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 Chafin, and by unanimous consent, the remarks by Senator Hunter regarding the adoption of Senate Resolution No. 4 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 resumed business under the sixth order.
    At the request of Senator Helmick, unanimous consent being granted, Senator Helmick offered the following resolution from the floor:
    Senate Resolution No. 5--Authorizing the appointment of employees for the Senate for the two thousand eight regular sixty-day session of the seventy-eighth Legislature and payment of their compensation.
    Resolved by the Senate:
    That the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate is hereby authorized to appoint employees to receive the per diem compensation, as herein provided, during this regular sixty-day session of the seventy-eighth Legislature, and any extension thereof as follows:
    Twenty-six Class I secretaries at a rate of sixty dollars to seventy-seven dollars per diem;
    Ten Class II secretaries at a rate of sixty-two dollars to seventy-seven dollars per diem;
    Nine Class III secretaries at a rate of sixty-four dollars to sixty-nine dollars per diem;
    Six Class IV secretaries at a rate of sixty-six dollars to seventy-two dollars per diem;
    Seven legislative analysts at a rate of fifty-five dollars to seventy-seven dollars per diem;
    Twelve legal counselors at a rate of one hundred seventy-five dollars to two hundred twenty dollars per diem; assignments and salary to be determined by the President of the Senate;
    Two bill and journal clerks to the Senate Clerk at a rate of sixty dollars per diem;
    Six proofreaders at a rate of fifty-five dollars to fifty-six dollars per diem;
    One journal room supervisor at a rate of one hundred dollars per diem;
    One assistant journal room supervisor at a rate of seventy- four dollars per diem;
    Nine journal and bill room clerks at a rate of fifty-five dollars to sixty-seven dollars per diem;
    One Sergeant at Arms at a rate not to exceed one hundred fifty-three dollars per diem;
    One chief assistant Sergeant at Arms at a rate of sixty-eight dollars per diem;
    Six assistants to the Sergeant at Arms at a rate of fifty-two dollars to sixty-six dollars per diem;
    One Doorkeeper at a rate of one hundred twenty-two dollars per diem;
    One chief assistant Doorkeeper at a rate of seventy-one dollars per diem;
    Eight assistants to the Doorkeeper at a rate of fifty dollars to sixty-two dollars per diem;
    One information clerk at a rate of fifty-eight dollars per diem (twenty-nine dollars per diem paid by House of Delegates);
    Seven messengers at a rate of fifty dollars to fifty-nine dollars per diem;
    One head page at a rate of sixty-five dollars per diem;
    One assistant head page at a rate of fifty-five dollars per diem;
    One recording system operator at a rate of seventy-six dollars per diem;
    One duplicating machine operator at a rate of fifty-seven dollars per diem;
    One computer technical assistant at a rate of fifty-nine dollars per diem;
    One fiscal officer at a rate of one hundred seventy-five dollars per diem;
    One parking coordinator at a rate of ninety dollars per diem (forty-five dollars per diem paid by House of Delegates);
     The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such per diem staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President of the Senate, or the President of the Senate shall have authority to supervise and dismiss such staff personnel ; and, be it
    Further Resolved, That the appointment of salaried full-time employees of the Senate for the year two thousand eight and their compensation, at the following amounts per month, for such periods of time as they are employed in the positions designated, is hereby authorized, as follows:
    Clerk$7,645.84
    Assistant Clerk 4,708.34
    Executive Secretary to Clerk 2,937.50
    Fiscal Officer 4,000.00
    Assistant Fiscal Officer 3,583.34
    Administrative Secretary 2,875.00
    Technical Support 2,541.67
    Administrative Assistant to President 5,500.00
    Administrative Assistant to President 3,500.00
    Executive Secretary to President 2,750.00
    Secretary to Majority Leader 2,083.34
    Secretary to Minority Leader 2,083.34
    Deputy Clerk 4,708.34
    Legislative Assistant III 3,541.67
    Legislative Assistant II 3,104.17
    Legislative Assistant II 2,770.84
    Legislative Assistant I 2,291.67
    Legislative Assistant I 2,166.67
    Attorney 6,916.67
    Attorney 6,708.34
    Attorney 6,291.67
    Attorney 5,958.34
    Attorney 5,708.34
    Attorney 5,645.84
    Budget Analyst to Finance Committee 4,125.00
    Legislative Analyst 2,833.34
    Legislative Analyst 2,875.00
    Legislative Analyst 2,583.34
    Legislative Analyst 2,500.00
    Secretary to Finance Committee Chairman 2,916.67
    Secretary to Government Organization Committee 2,395.84
    Secretary to Health and Human Resources Committee 2,500.00
    Administrative Assistant/Staff Secretary
    to Judiciary Committee 2,666.67
    Secretary to Judiciary Committee 2,395.84
    Supervisor, Materials & Supplies 3,520.84
    Communications Clerk 2,875.00
    Mail/Supply Clerk 2,687.50
    Chief Custodian 3,020.83
    Custodian 2,208.33
    Custodian 1,916.67
     The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such full-time staff personnel during any session of the Legislature as shall be needed in addition to staff personnel authorized by this Senate resolution adopted during any such session. The Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to employ such staff personnel between sessions of the Legislature as shall be needed, the compensation of all staff personnel during and between sessions of the Legislature, notwithstanding any such Senate resolution, to be fixed by the President of the Senate. In all such cases, the Clerk of the Senate, with the approval of the President, or the President of the Senate shall have authority to supervise and dismiss such staff personnel.
    At the request of Senator Helmick, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
    The question being on the adoption fo the resolution.
    At the request of Senator White, and by unanimous consent, further consideration of Senate Resolution No. 5 was placed under unfinished business for tomorrow, Tuesday, January 22, 2008.
    The Senate proceeded to the tenth order of business.
     Senate Bill No. 271, Establishing grievance procedure for State Police.
    On first reading, coming up in regular order, was read a first time and ordered to second reading.
    Senate Bill No. 272, Clarifying "telemarketing solicitation" definition.
    On first reading, coming up in regular order, was read a first time and ordered to second reading.
     Senate Bill No. 273, Clarifying statutory references.
    On first reading, coming up in regular order, was read a first time and ordered to second reading.
     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.
    Pending announcement of meetings of standing committees of the Senate,
    On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, January 22, 2008, at 11 a.m.
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