WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
FIFTEENTH DAY
____________
Charleston, W. Va., Wednesday, January 23, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
the Reverend Ron Schlak, Trinity
Evangelical Lutheran Church, Charleston
, West Virginia.
Pending the reading of the Journal of Tuesday, January 22,
2008,
On motion of Senator Bowman, 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 57, Allowing county boards of education to
enter into certain lease-purchase agreements.
And,
Senate Bill No. 65, Establishing school uniforms incentive
plan pilot program.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
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. 238, Increasing monetary limit to file circuit
court suit.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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Senate Bill No. 257, Repealing outdated penitentiary code
provisions.
Senate Bill No. 258, Repealing outdated code provisions
relating to Huttonsville Correctional Center.
Senate Bill No. 262, Repealing outdated code provisions
relating to Denmar State Hospital.
And,
Senate Bill No. 263, Updating certain code provisions relating
to Division of Corrections.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Hunter, Minard, Foster, Stollings, White,
McKenzie, Yoder and Kessler:
Senate Bill No. 302--A Bill to amend and reenact §16-29E-2 and
§16-29E-5 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §29A-1-3 of said code, all relating to
legislative exempt rule-making requirements of the Department of
Health and Human Resources; requiring public notice and comment on
rules, policies and state plans relating to public assistance;
requiring public hearings in certain instances; requiring review of
all legislative-exempt rules, policies and plans by the Legislative
Oversight Commission on Health and Human Resources Accountability;
and authorizing recommendations for changes and legislation.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Hunter, Foster, White, Kessler, Wells, Chafin,
Bailey, Bowman, Edgell and Plymale:
Senate Bill No. 303--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §21-3-22, relating to employer mandating employee
participation in certain activities; prohibiting employers from
mandating communication with employees regarding certain employer
beliefs and activities; and providing a civil remedy for
violations.
Referred to the Committee on the Judiciary.
By Senators Hunter, Foster, White, Kessler and Wells:
Senate Bill No. 304--A Bill to amend and reenact §23-1-2 of
the Code of West Virginia, 1931, as amended, relating to revising
Insurance Commissioner reporting requirements to the Legislature on
workers' compensation insurance rules, policies and guidelines.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Kessler, Unger, Jenkins, White and Hunter:
Senate Bill No. 305--A Bill to amend and reenact §7-10-4 of
the Code of West Virginia, 1931, as amended, relating to hearings
before magistrates involving the seizure of abandoned, neglected or
cruelly treated animals.
Referred to the Committee on the Judiciary.
By Senators Kessler, Plymale and Hunter:
Senate Bill No. 306--A Bill to amend and reenact §60A-9-5 of
the Code of West Virginia, 1931, as amended, relating to allowing
certain authorized probation and parole officers access to
information maintained by the Board of Pharmacy.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler, Plymale, Bowman, Love, Prezioso and
Green:
Senate Bill No. 307--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-2L-1, relating to prohibiting state funding of
abortions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Plymale and Hunter:
Senate Bill No. 308--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2B-15; and to amend and reenact §57-5-11 of said
code, all relating to requiring the appropriate governmental entity
to retain any biological material that is secured in the
investigation or prosecution of a criminal case for the period of
time that a defendant remains incarcerated in connection with said
case.
Referred to the Committee on the Judiciary.
By Senators Bowman, Plymale, Oliverio and Sypolt:
Senate Bill No. 309--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to the terms
of certain appointed state officers; qualifications; powers and
salaries of such officers; and salary when one person is serving as
both the Secretary of Transportation and the Commissioner of
Highways.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bailey and Kessler:
Senate Bill No. 310--A Bill to amend and reenact §50-1-3 of
the Code of West Virginia, 1931, as amended, relating to equal pay
for all state magistrates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Plymale, Love and Oliverio:
Senate Bill No. 311--A Bill to amend and reenact §52-1-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing judges to order jurors be drawn from another county or
counties when jurors cannot be seated from the county in which the
trial will be held.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Minard:
Senate Bill No. 312--A Bill to amend and reenact §33-3-1 of
the Code of West Virginia, 1931, as amended, relating to allowing
an insurer to collect premiums and otherwise service certain
policies after its license is no longer in effect.
Referred to the Committee on Banking and Insurance.
By Senators Yoder, Kessler, Wells, White and Hunter:
Senate Bill No. 313--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-15, relating to the unlawfulness of text
messaging while operating a motor vehicle.
Referred to the Committee on Transportation and
Infrastructure.
By Senator Love:
Senate Bill No. 314--A Bill to amend and reenact §18-4-10 of
the Code of West Virginia, 1931, as amended, relating to requiring
the county superintendent to notify the public of any school
cancellation or delay by seven a.m. or five a.m. respectively.
Referred to the Committee on Education.
By Senators Love, White and Hunter:
Senate Bill No. 315--A Bill to amend and reenact §7-1-3jj of
the Code of West Virginia, 1931, as amended, relating to providing
certain county commissions with authority to regulate the location
of businesses selling sexually oriented materials.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Love and Kessler:
Senate Bill No. 316--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-9A-101, §48-9A-102, §48-9A-103, §48-9A-104,
§48-9A-105 and §48-9A-106, all relating to Joint Parenting Act; custody of children after divorce; providing certain rebuttable
presumptions concerning custody; adding procedures and criteria
relating to determining the custody of children; addressing
relocation of parents; addressing certain tax implications; and
including contempt provisions.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Stollings, Bowman, Prezioso, Plymale and
McKenzie:
Senate Bill No. 317--A Bill to amend and reenact §30-3-10 of
the Code of West Virginia, 1931, as amended, relating to licenses
to practice medicine and surgery or podiatry; removing outmoded and
expired language; providing for a period of ten years for
applicants to pass all steps of the licensing examination; and
providing for an appearance before the board for any applicant who
has failed to pass any step of the licensing examination in three
attempts for a determination as to any further necessary education,
evaluation and/or training prior to further consideration of
licensure.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senator Minard (By Request):
Senate Bill No. 318--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
Social Security income from state personal income tax.
Referred to the Committee on Finance.
By Senators Barnes, Love and Sypolt:
Senate Bill No. 319--A Bill to repeal §20-2-19a of the Code of
West Virginia, 1931, as amended; to amend and reenact §20-2-5,
§20-2-6a and §20-2-46e of said code; to amend said code by adding
thereto a new section, designated §20-2-40b; and to amend and
reenact §20-7-9 of said code, all relating to the regulation of
carrying firearms; clarifying that hunting statutes generally do
not prohibit the otherwise lawful carrying of pistols and revolvers
for self-defense purposes; clarifying that persons who are licensed
or otherwise authorized to lawfully carry concealed pistols or
revolvers are not subject to the prohibition on carrying both a bow
and a firearm or the limitations on how firearms may be carried or
transported in wooded areas or in vehicles; and consolidating and
clarifying certain criminal penalty provisions.
Referred to the Committee on the Judiciary.
By Senators Bowman, Minard, Love, Stollings, Barnes, Sharpe
and McKenzie:
Senate Bill No. 320--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto three new sections,
designated §6-9-2a, §6-9-2b and §6-9-2c; to amend said code by
adding thereto a new section, designated §7-5-7a; and to amend and
reenact §8-12-5 of said code, all relating to authorizing the
participation of local governments in a purchasing card program to
be administered by the Auditor as chief inspector of public
offices; and creating offenses and criminal penalties.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman, Plymale, Unger, Stollings and Hunter:
Senate Bill No. 321--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22j, relating to increasing benefits of certain
retired state personnel by three percent in July, two thousand
eight, and then by three percent every five years thereafter.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Bowman, Unger, Plymale, Stollings and Hunter:
Senate Bill No. 322--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18-7A-26u, relating to increasing benefits of certain
retired teachers by three percent in July, two thousand eight, and
then by three percent every five years thereafter.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Bowman and Oliverio:
Senate Bill No. 323--A Bill to amend and reenact §8-20-10 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§16-13-16 and §16-13-23a of said code; and to amend and reenact
§16-13A-9 of said code, all relating to the establishment and
operation of stormwater systems; rates, charges and fees for
stormwater services; and setting forth powers and duties of
municipalities to enact and enforce ordinances to protect streams
from pollution.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Chafin and Caruth:
Senate Bill No. 324--A Bill to amend and reenact §5A-4-5 of
the Code of West Virginia, 1931, as amended, relating to the
regulation of parking for state office buildings in Charleston.
Referred to the Committee on Government Organization.
By Senators Love, Bailey, Wells, Green, Facemyer and Hunter:
Senate Bill No. 325--A Bill to amend and reenact §5-10B-10a of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §5-10B-12a, all
relating to the deferred compensation plan for state employees;
clarifying that an employee must have received pay every payday
during a fiscal year to qualify for participation in the matching
program; and providing the Treasurer with information needed to
operate the state deferred compensation plan.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Prezioso, Facemyer and Unger:
Senate Bill No. 326--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
from state personal income tax obligations all monetary benefits
derived from Division of Natural Resources conservation officers'
retirement.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
Senators Barnes, Love, Fanning, White and Sypolt offered the following resolution:
Senate Concurrent Resolution No. 28--
Designating the timber
rattlesnake as West Virginia's state reptile.
Whereas, The timber rattlesnake is an integral part of the
history, culture and ecology of West Virginia and the United
States; and
Whereas, The timber rattlesnake is present throughout West
Virginia and its color and pattern is reminiscent of West
Virginia's fauna and flora; and
Whereas, The timber rattlesnake is important to preserve as a
predator and prey in West Virginia's ecology; and
Whereas, The timber rattlesnake kills mice and rats at no cost
while cleaning up after itself; and
Whereas, The timber rattlesnake is a popular icon that does
attract attention and, thereby, may enhance tourism; and
Whereas, Since no other state has adopted the timber
rattlesnake as a state reptile, West Virginia can be the first and
it would be a proud contribution by the eighth grade class at
Romney Middle School, from West Virginia's oldest county, in West
Virginia's oldest town, to have been instrumental in making the
timber rattlesnake the state reptile of West Virginia; therefore,
be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby designates the timber rattlesnake
as West Virginia's state reptile; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Mayor and City
Council of the City of Romney and the eighth grade class at Romney
Middle School.
Which, under the rules, lies over one day.
Petitions
Senator Jenkins presented a petition from William M. Preece
and eleven faculty and staff members of Genoa 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.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 25, Urging Government of
Turkey to cease discrimination of Ecumenical Patriarchate.
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. 26, Requesting Division of
Natural Resources set minimum size on male deer taken in state.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural
Resources.
Senate Concurrent Resolution No. 27, Requesting Division of
Natural Resources set minimum size on black bass taken in state.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Natural Resources.
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 Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 271, Establishing grievance procedure for
State Police.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 271) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 272, Clarifying "telemarketing
solicitation" definition.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 272) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 273, Clarifying statutory references.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Bailey, Barnes,
Boley, Bowman, Caruth, Chafin, Deem, Edgell, Facemyer, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, McKenzie, Minard, Oliverio, Plymale, Prezioso, Sprouse,
Stollings, Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Fanning and Sharpe--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 273) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 273--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 removing references
to repealed statutes and replacing with current statutory
references.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Fanning and Sharpe.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, January 24, 2008, at 11 a.m.
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