WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FOURTEENTH DAY
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Charleston, W. Va., Tuesday, January 22, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Sherman G. Davidson,
Retired United Methodist Clergy, Grafton, West Virginia.
Pending the reading of the Journal of Monday, January 21,
2008,
On motion of Senator McCabe, 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 third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4010--A Bill to amend and
reenact §10-1-5 of the Code of West Virginia, 1931, as amended,
relating to the term of office a library board of director may
serve.
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 Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 287--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18B-18A-1, §18B-18A-2, §18B-18A-3, §18B-18A-4, §18B-
18A-5, §18B-18A-6, §18B-18A-7, §18B-18A-8, §18B-18A-9, §18B-18A-10,
§18B-18A-11 and §18B-18A-12, all relating to the establishment of
the West Virginia Research Trust Fund; providing legislative
findings of fact; defining certain terms; creating a special
account in the State Treasury; providing for allocation of moneys
appropriated for deposit into the West Virginia Research Trust
Fund; authorizing Marshall University and West Virginia University
to establish directed research endowments; providing requirements
for directed research endowments; providing for administration of
directed research endowments by applicable governing board;
granting investment authority to the governing boards; authorizing
use of investment earnings accruing to directed research endowments
and prohibiting the expenditure of the principal of a directed
research endowment; establishing criteria and restrictions for
qualified private donations and qualified private donation pledges;
establishing eligible uses of directed research endowment proceeds;
providing for submission of directed research endowment plans; establishing criteria and procedures for distribution of matching
moneys from the West Virginia Research Trust Fund; providing for
reallocation of moneys in the West Virginia Research Trust Fund;
requiring participating institutions to return unmatched moneys to
the fund under certain circumstances; authorizing distribution of
certain moneys to state colleges; establishing powers and duties of
the Higher Education Policy Commission; and requiring the Higher
Education Policy Commission to submit an annual report.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Foster and Stollings:
Senate Bill No. 288--A Bill to amend and reenact §16-9A-8 of
the Code of West Virginia, 1931, as amended, relating to
prohibiting the sale of tobacco products in anything other than
original factory-wrapped package; prohibiting the sale of
cigarettes in packages of less than twenty; prohibiting the sale of
single cigarettes; and requiring warnings.
Referred to the Committee on the Judiciary.
By Senators Bailey and Love:
Senate Bill No. 289--A Bill to amend and reenact §17B-2-7 of
the Code of West Virginia, 1931, as amended, relating to driver's
license examinations.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Foster, Stollings, Jenkins, Bowman, Prezioso,
Green, Plymale and Deem:
Senate Bill No. 290--A Bill to amend and reenact §30-3-13 of
the Code of West Virginia, 1931, as amended, relating to
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant; criminal penalties; reducing the amount of
fine for a person practicing on an expired, lapsed or terminated
license for less than three months; specifying as a felony the
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant in all other instances; and providing for
enhanced criminal penalties where serious bodily injury results
from such unauthorized practice.
Referred to the Committee on the Judiciary.
By Senators Helmick, Yoder and Barnes:
Senate Bill No. 291--A Bill to amend and reenact §51-2-1 of
the Code of West Virginia, 1931, as amended, relating to appointing
an additional circuit court judge to the twenty-second judicial
circuit.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Jenkins and Plymale:
Senate Bill No. 292--A Bill to amend and reenact §31-17-4 of
the Code of West Virginia, 1931, as amended, relating to permitting
bond claims by the Commissioner of Banking to collect unpaid civil
administrative penalties and unpaid examination invoices while
allowing priority for pending consumer claims.
Referred to the Committee on Banking and Insurance.
By Senators Foster and Yoder:
Senate Bill No. 293--A Bill to amend and reenact §5-10-48 of
the Code of West Virginia, 1931, as amended, relating to
reemployment of public employee retirees after retirement; and
allowing retired employees of the Supreme Court of Appeals who have
retired on senior status to draw both their public employee
retirement benefits and temporary or per diem compensation from the
Supreme Court of Appeals of up to twenty thousand dollars per year.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 294--A Bill to amend and reenact §30-1-6 of
the Code of West Virginia, 1931, as amended, relating to requiring
applications for license or registration and all examinations
pertaining to professions to be in English only.
Referred to the Committee on the Judiciary.
By Senators Stollings, Foster, Jenkins, Bowman, Prezioso,
Green and Plymale:
Senate Bill No. 295--A Bill to amend and reenact §30-3-16 of
the Code of West Virginia, 1931, as amended, relating to physician
assistants; updating language to conform to national changes;
requiring supervising physicians to be fully licensed without
restriction or limitation; permitting graduates of an approved
program who have passed the national certifying examination for
physician assistants to obtain temporary licenses; requiring a
physician assistant who fails a recertifying examination to
immediately notify the supervising physician and the Board of Medicine and immediately cease practice; requiring automatic
license expiration until passage of the examination; and raising
fees and adding fees for temporary license and prescriptive writing
privileges.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senator Bailey:
Senate Bill No. 296--A Bill to amend and reenact §11-8-5 of
the Code of West Virginia, 1931, as amended, relating to
classification of property for levy purposes; requiring assessor to
verify with Tax Commissioner that Class II property owners have
filed a West Virginia Resident Income Tax Return indicating that
the address of the property is the residential address of the owner
or owners; requiring Tax Commissioner to develop and implement a
computerized system by which an assessor can confirm whether Class
II property owners have filed a West Virginia Resident Income Tax
Return indicating that the address of their property is their
residential address; requiring property owners to provide evidence
to justify the classification of their Class II property if their
tax returns do not indicate that their residential address is the
address of the Class II property; and providing that the return is
presumptive evidence that the subject property is owned, used and
occupied by the owner exclusively for residential purposes or that
farm property is occupied by the owners.
Referred to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 297--A Bill to amend and reenact §18-9D-2,
§18-9D-6, §18-9D-8, §18-9D-13 and §18-9D-15 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new section, designated §18-9D-4b; and to amend and reenact §29-22-
18a of said code, all relating generally to the School Building
Authority; modifying definitions and qualifications of construction
projects and major improvement projects; authorizing the School
Building Authority to issue bonds by using moneys deposited in the
Excess Lottery School Building Debt Service Fund from the State
Excess Lottery Fund; providing that moneys from the State Excess
Lottery Fund are deposited into the Excess Lottery School Building
Debt Service Fund; and clarifying the powers of the authority in
issuing bonds.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Prezioso, Bailey, Edgell, Foster, Hunter, Kessler,
Minard, Unger, Deem, Guills, Yoder, Green, Stollings, Jenkins and
Plymale:
Senate Bill No. 298--A Bill to amend and reenact §49-1-3 of
the Code of West Virginia, 1931, as amended, relating to the
expansion of the definition of "imminent danger to the physical
well-being of the child" with regard to child abuse and neglect to
include alcohol and substance abuse on the part of the parent or
parents, custodian or custodians, or guardian or guardians.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 299--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-29-1, §22-29-2, §22-29-3 and §22-29-4, all relating
to the phasing in of requirements for electricity providers to add
renewable energy systems to help protect and sustain the
environment.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 300--A Bill to amend and reenact §24-2-1e and
§24-2-11a of the Code of West Virginia, 1931, as amended, all
relating to not allowing accelerated rate recovery for adverse
effects of constructing transmission facilities; and revising the
definition of "need".
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster, Plymale and Stollings:
Senate Bill No. 301--A Bill to amend and reenact §15-2A-2,
§15-2A-3, §15-2A-4, §15-2A-5, §15-2A-6, §15-2A-6a, §15-2A-6c,
§15-2A-6d, §15-2A-7, §15-2A-8, §15-2A-9, §15-2A-10, §15-2A-11,
§15-2A-11a, §15-2A-11b, §15-2A-12, §15-2A-13, §15-2A-14, §15-2A-15,
§15-2A-17 and §15-2A-19 of the Code of West Virginia, 1931, as
amended, all relating to the West Virginia State Police Retirement
Fund; adding, deleting and modifying definitions; specifying the title of West Virginia State Police Retirement System; clarifying
the usage of the terms "employee", "member" and "retirant or
retiree" as defined; clarifying the usage of the terms "fund",
"plan", "system" or "retirement" system as defined; clarifying the
usage of the term "base salary" as defined; clarifying the usage of
the term "agency" as defined; eliminating minimum required eligible
direct rollover distributions paid directly to an eligible
retirement plan; allowing distributions totaling less than two
hundred dollars within the definition of "eligible rollover
distribution"; clarifying the usage of the term "surviving spouse"
as defined; clarifying surviving spouse payments when calculating
the pro rata share of annuity adjustments; specifying the time
frame that a retirant may receive deferred annuity payments;
clarifying the age requirement for a retirant receiving a duty
disability annuity; requiring the base salary of a member receiving
a duty disability annuity to be annualized until the member has
worked twelve months; specifying the title of the West Virginia
Insurance Commission; clarifying the time frame for which a duty
disability retirant receives a retirement benefit; specifying that
disability petitions certify the job description of an employee
applying for a disability retirement; specifying the time frame for
receipt of awards and benefits to dependents of deceased employees;
clarifying that death awards and benefits be calculated for the
last full twelve-month employment period; requiring that death
awards and benefits be paid to a named beneficiary or to the estate
of the deceased member if there is no surviving spouse or dependents; eliminating duplicate language referring to a single
receipt of state retirement benefits; and adding provisions
specifying the time frame for receipt of beneficiary payments.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senator Minard (By Request) offered the following resolution:
Senate Concurrent Resolution No. 25--Urging the Government of
Turkey to cease its discrimination of the Ecumenical Patriarchate,
grant the Ecumenical Patriarch appropriate international
recognition, allow ecclesiastical succession and the right to train
clergy of all nationalities and respect the property rights and
human rights of the Ecumenical Patriarchate.
Whereas, The Ecumenical Patriarchate, located in Istanbul,
Turkey, is the sacred See that presides in a spirit of brotherhood
over a communion of self-governing churches of the Orthodox
Christian world; and
Whereas, The See is led by Ecumenical Patriarch Bartholomew,
who is the 269th in direct succession to the Apostle Andrew and
holds titular primacy as primus inter pares, meaning "first among
equals" in the community of Orthodox churches worldwide; and
Whereas, In 1994 Ecumenical Patriarch Bartholomew, along with
leaders of the Appeal of Conscience Foundation, cosponsored the
Conference on Peace and Tolerance, which brought together
Christian, Jewish and Muslim religious leaders for an interfaith
dialogue to help end the Balkan conflict and the ethnic conflict in
the Caucasus region; and
Whereas, Following the terrorist attacks on our nation on
September 11, 2001, Ecumenical Patriarch Bartholomew gathered a
group of international religious leaders to produce the first joint
statement with Muslim leaders that condemned the 9/11 attacks as
"anti-religious"; and
Whereas, In October 2005 the Ecumenical Patriarch, along with
Christian, Jewish and Muslim leaders, cosponsored the Conference on
Peace and Tolerance II to further promote peace and stability in
southeastern Europe, the Caucasus region and central Asia via
religious leaders' interfaith dialogue, understanding and action;
and
Whereas, The Orthodox Christian Church, in existence for
nearly 2,000 years, numbers approximately 300 million members
worldwide with more than 2 million members in the United States;
and
Whereas, Since 1453 the continuing presence of the Ecumenical
Patriarchate in Turkey has been a living testament to the religious
coexistence of Christians and Muslims; and
Whereas, This religious coexistence is in jeopardy because the
Government of Turkey refuses to recognize the rights and religious
freedoms of the Ecumenical Patriarchate, which is considered a
minority religion by the Turkish government; and
Whereas, The Government of Turkey has limited the candidates
available to hold the office of Ecumenical Patriarchate to only
Turkish nationals at the turn of the 20th century, and due to the
continued policies of minority discrimination during this period by the Turkish government, there remain less than 3,000 of the
Ecumenical Patriarchs flock left in Turkey today; and
Whereas, The Government of Turkey has reneged on its agreement
to reopen the Theological School on the island of Halki, which the
Turkish government closed in 1971, thus impeding training for
Orthodox Christian clergy; and
Whereas, The Turkish government has confiscated nearly 94
percent of the properties of the Ecumenical Patriarchate and has
placed a 42 percent tax retroactive to 1999 on the Baloukli
Hospital and Home for the Aged, a charity hospital run by the
Ecumenical Patriarchate; and
Whereas, The European Union, a group of nations with a common
goal of promoting peace and the well-being of its peoples, began
accession negotiations with Turkey on October 3, 2005; and
Whereas, The European Union defined membership criteria for
accession at the Copenhagen European Council in 1993, obligating
candidate countries to achieve certain levels of reform, including
stability of institutions guaranteeing democracy, adherence to the
rule of law and respect for and protection of minorities and human
rights; and
Whereas, The Turkish government's current treatment of the
Ecumenical Patriarchate is inconsistent with the membership
conditions and goals of the European Union; and
Whereas, Orthodox Christians in the State of West Virginia and
throughout the United States stand to lose their spiritual leader
because of the continued actions of the Turkish government; therefore, be it
Resolved by the Legislature of West Virginia:
The Legislature of West Virginia urges the Government of
Turkey to cease its discrimination of the Ecumenical Patriarchate,
grant the Ecumenical Patriarch appropriate international
recognition, allow ecclesiastical succession and the right to train
clergy of all nationalities and respect the property rights and
human rights of the Ecumenical Patriarchate; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, the United States Ambassador to the Republic of
Turkey, the Ambassador of the Republic of Turkey to the United
States and Angelo Koukoulis.
Which, under the rules, lies over one day.
Senators Green and Love offered the following resolution:
Senate Concurrent Resolution No. 26--Requesting the Division
of Natural Resources set a minimum of 14-inch antlers (ear tip to
ear tip) on any male deer taken in this state.
Whereas, The business of deer hunting in this state is a
multimillion-dollar business which could be better managed to
produce higher quality buck deer for the hunters of this state; and
Whereas, Sportsmen and sportswomen spend millions of dollars
during the fall deer hunting season which directly contributes to
the economy of this state; and
Whereas, West Virginia has some of the most beautiful hunting
lands in the nation and this state should encourage hunters from all over the nation to come to West Virginia for a hunting
experience which they cannot get in any other state; and
Whereas, The buck deer population needs to be managed to
ensure every hunter has the opportunity to take deer they can be
proud of; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to
set a minimum of 14-inch antlers (ear tip to ear tip) on any male
deer taken in this state; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Director of
the Division of Natural Resources.
Which, under the rules, lies over one day.
Senator Green offered the following resolution:
Senate Concurrent Resolution No. 27--Requesting the Division
of Natural Resources set a minium length of 12 inches on all
species of black bass taken in the lakes, rivers and streams of
this state and set a daily limit of six bass per person.
Whereas, Sportsmen and women of this state spend much of their
leisure time fishing for bass in lakes, rivers and streams of this
state; and
Whereas, The lakes, rivers and streams of this state could be
better managed to improve the quality of trophy bass for the many
people who fish this state's waters each year; and
Whereas, Many more people would visit this state's beautiful
lakes, rivers and streams to fish for bass if the quality and size of the bass were greater; and
Whereas, The "business of bass fishing" could generate
significant tourism and economic development in West Virginia if
the state's bass fisheries were better managed to produce more
trophy bass; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Natural Resources is hereby requested to
set a minium length of 12 inches on all species of black bass taken
in the lakes, rivers and streams of this state and set a daily
limit of six bass per person; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Director of
the Division of Natural Resources.
Which, under the rules, lies over one day.
Senators Love, Kessler and Jenkins offered the following
resolution:
Senate Resolution No. 6--Designating January 22, 2008, as
"Crime Victims Day".
Whereas, The West Virginia Crime Victims Compensation Fund is
celebrating "Crime Victims Day" at the Legislature by providing all
of the crime victim agencies and individuals who serve victims of
crime an opportunity to educate the members of the Legislature and
the public about the many services available to assist victims of
crime and their families throughout this state; and
Whereas, The many agencies and individuals serving victims of
crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their
many needs including, but not limited to, advocacy for and on
behalf of victims and their families, medical treatment and mental
health counseling, compensation and restitution; and
Whereas, The many organizations and individuals who provide
assistance to victims of crime and their families make enormous
contributions to those who have been affected by crime in this
state; and
Whereas, West Virginia is proud of the accomplishments and
achievements of the many organizations and individuals who serve
the needs of victims of crime and appreciates their many
contributions to this state's communities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 22, 2008, as "Crime
Victims Day"; and, be it
Further Resolved, That the Senate expresses its appreciation
to the many organizations which serve victims of crime and their
families throughout this state and for the dedication of those
individuals who serve these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the West
Virginia Crime Victims Compensation Fund.
At the request of Senator Love, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
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. 24, Requesting Joint
Committee on Government and Finance study changing civil action
venue when state is defendant.
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 Resolution No. 5, Authorizing the appointment of 2008
session employees.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Helmick, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the ninth order of business.
Senate Bill No. 271, Establishing grievance procedure for
State Police.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 272, Clarifying "telemarketing solicitation"
definition.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 273, Clarifying statutory references.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third 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 Boley.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, January 23, 2008, at 11 a.m.
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