WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TWENTY-SEVENTH DAY
____________
Charleston, W. Va.,
Monday, February 4, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Cameron Harkness, Marlinton
Presbyterian Church, Marlinton, West Virginia.
Pending the reading of the Journal of Friday, February 1,
2008,
On motion of Senator Edgell, 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 and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 3122--A Bill to amend and reenact §9A-4-2
of the Code of West Virginia, 1931, as amended, relating to the
definition of "eligible veteran" for certain state training and
employment preference benefits; and including persons who served
honorably in the National Guard and reserves as eligible veterans.
Referred to the Committee on Military; and then to the
Committee on Finance.
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. House Bill No. 4016--A Bill to amend and reenact §11-21-9
of the Code of West Virginia, 1931, as amended, relating to
updating meaning of federal adjusted gross income and certain other
terms used in West Virginia Personal Income Tax Act; and specifying
effective dates.
Referred to the Committee on Finance.
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. House Bill No. 4017--A Bill to amend and reenact §11-24-3
of the Code of West Virginia, 1931, as amended, relating to
updating meaning of federal taxable income and certain other terms
used in West Virginia Corporation Net Income Tax Act; and
specifying effective dates.
Referred to the Committee on Finance.
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. 4021--A Bill to amend and
reenact §22A-2-55 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §61-3-12 and §61-3-29 of said code, all relating generally to coal mine health and safety; eliminating
requirement that strobe lights be affixed to caches of self-
contained self-rescue devices; expanding criminal penalties for
theft of certain coal mine equipment; establishing criminal
penalties for illegal entry into underground coal mines and
surrounding property; creating a criminal penalty for damage or
destruction of coal mine equipment and property; and creating a
criminal penalty for damage or destruction of coal mine equipment
and property when a serious bodily injury results.
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. 4028--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated º7-1-3oo; and to amend said code by adding
thereto a new section, designated º8-12-5e, all relating to
authorizing counties and municipalities to enter into
energy-savings contracts.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2008, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4125--A Bill to amend and reenact §18-5A-5
of the Code of West Virginia, 1931, as amended, relating to faculty senate funds for classroom teachers and librarians.
Referred to the Committee on Education; and then 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 Bowman, Kessler, Barnes, Unger, Sypolt and Hunter:
Senate Bill No. 550--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
the first ten thousand dollars of state pensions and Social
Security benefits from West Virginia personal income tax with an
increase to fifteen thousand dollars for retirees who are sixty-
five years old or older.
Referred to the Committee on Finance.
By Senators Minard and Kessler:
Senate Bill No. 551--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §29-3-16d, relating to requiring that the installation,
maintenance or service of fuel gas systems in one- or two-family
dwellings be done in accordance with the State Fire Code and the
regulations promulgated thereunder if such installation is
performed by any persons other than the owner or occupant of a
single-family dwelling
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Helmick, Plymale and Edgell:
Senate Bill No. 552--A Bill to amend and reenact §11-15-2 and
§11-15-30 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §24-6-2 and §24-6-6b of said code, all relating
to taxation of prepaid wireless calling service and the wireless
enhanced 911 fee; defining "prepaid wireless calling service";
providing that prepaid wireless calling service is subject to the
consumers sales and service tax; requiring the collection and
deposit by the Tax Commissioner of the proceeds of the consumers
sales and service tax imposed on the sale of prepaid wireless
calling service into the wireless enhanced 911 fee accounts
maintained and administered by the Public Service Commission; and
providing that prepaid wireless calling service is no longer
subject to the wireless enhanced 911 fee.
Referred to the Committee on Finance.
By Senators McCabe, Caruth, Bowman, Jenkins, Unger, Plymale
and Foster:
Senate Bill No. 553--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5A-6A-1, §5A-6A-2, §5A-6A-3, §5A-6A-4, §5A-6A-5, §5A-
6A-6, §5A-6A-7, §5A-6A-8, §5A-6A-9 and §5A-6A-10, all relating to
legislative findings; definitions; creating position of Permitting
Information Ombudsman; authority of Permitting Information
Ombudsman; duty of agencies to provide permitting information;
agencies providing newly adopted, revised or terminated permitting
information to ombudsman; provision for failure to provide permitting information to Permitting Information Ombudsman;
reporting of status of permitting information repository to
Legislature and Governor; promulgation of rules; and severability.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster and Unger:
Senate Bill No. 554--A Bill to amend and reenact §30-14-2,
§30-14-4, §30-14-5 and §30-14-11 of the Code of West Virginia,
1931, as amended, all relating generally to licensing requirements
for osteopathic physicians and surgeons; removal of inconsistent
and outdated provisions; providing that the licensing requirements
for osteopathic physicians and surgeons be clarified and updated;
and providing additional causes for revoking or suspending a
license.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Deem and Boley:
Senate Bill No. 555--A Bill to amend and reenact §11-1C-11 of
the Code of West Virginia, 1931, as amended, relating to valuation
of managed timberland.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Love, Edgell, Bailey, Minard, Fanning, Jenkins,
Caruth and Hunter:
Senate Bill No. 556--A Bill to amend and reenact §24A-2-2a of
the Code of West Virginia, 1931, as amended, relating to providing for prior written authorization for the towing of motor vehicles
without the consent of the owner or operator; and providing for
criminal background checks for drivers of tow vehicles.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Helmick, Unger, Plymale, Yoder, Kessler and
Barnes:
Senate Bill No. 557--A Bill to repeal §11-12C-1, §11-12C-2,
§11-12C-3, §11-12C-4, §11-12C-5, §11-12C-6, §11-12C-7, §11-12C-8,
§11-12C-9, §11-12C-10 and §11-12C-12 of the Code of West Virginia,
1931, as amended; to amend and reenact §11-12C-11 of said code; and
to amend said code by adding thereto a new article, designated §11-
12E-1, §11-12E-2, §11-12E-3, §11-12E-4, §11-12E-5, §11-12E-6, §11-
12E-7, §11-12E-8 and §11-12E-9, all relating to the repeal of the
corporate license tax; creating an initial registration fee; and
permitting the Secretary of State to retain all of the attorney-in-
fact fees collected.
Referred to the Committee on Finance.
By Senators Love, Kessler, Hunter, Boley, Fanning, Wells,
Facemyer, Helmick, Green, Stollings, Barnes, Unger and Foster:
Senate Bill No. 558--A Bill to amend and reenact §12-3A-2 and
§12-3A-3 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §12-
3A-7, all relating to electronic commerce; granting the Auditor and
Treasurer the discretion to require certain electronic filing with
waivers and exceptions; and authorizing the use of electronic commerce in the sale or disposal of property.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale, Bowman, Edgell, Unger, Stollings, Foster,
Jenkins and Hunter:
Senate Bill No. 559--A Bill to amend and reenact §29-22A-10
and §29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Boley:
Senate Bill No. 560--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §19-20-26, relating to the care and management of feral
cats.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 561--A Bill to amend and reenact §55-7C-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the circumstances under which a qualified director of certain
governmental and nonprofit entities is relieved from civil
liability for actions conducted in the performance of managerial
functions on behalf of the entity.
Referred to the Committee on the Judiciary.
By Senator Caruth:
Senate Bill No. 562--A Bill to amend and reenact §47-23-9 and
§47-23-11 of the Code of West Virginia, 1931, as amended, all
relating to charitable raffle boards and games; prohibiting the
sale of raffle boards and games to unauthorized persons; and
prohibiting possession of charitable raffle boards and games by
unauthorized persons.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Caruth, Unger and Barnes:
Senate Bill No. 563--A Bill to amend and reenact §11-21-4e of
the Code of West Virginia, 1931, as amended, relating to providing
a reduction of the state personal income tax of members of
volunteer fire departments who meet certain qualified service
requirements.
Referred to the Committee on Finance.
By Senators Edgell, Plymale, Kessler and Stollings:
Senate Bill No. 564--A Bill to amend and reenact §18-19-2 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18B-10-1, §18B-10-5 and §18B-10-6 of said code, all
relating to waivers of higher education tuition and fees;
clarifying eligibility requirements for certain applicants;
deleting obsolete language requiring state institutions of higher
education to grant certain percentage of tuition and fee waivers in
order to be approved to increase tuition and fees; changing method of calculating limits on waivers of tuition and fees; and exempting
tuition and fee waivers granted to higher education employees,
spouses and dependents and all tuition and fee waivers authorized
by statute from calculation of limits on percentage of tuition and
fee waivers granted by state institutions of higher education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Sypolt, Bailey and Love:
Senate Bill No. 565--A Bill to amend and reenact §11-3-2a of
the Code of West Virginia, 1931, as amended, relating to notices of
increased assessment; providing an exemption to the required notice
of an increase in the assessed valuation of real property when the
increase is under one thousand dollars; and reducing the required
notice period.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Unger, Yoder, Jenkins and Hunter:
Senate Bill No. 566--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8-19c, relating to making it a felony to wager at
animal fighting ventures; making it a felony to conduct, finance,
manage, supervise, own or lease any part of an animal fighting
venture or the premises on which it takes place with knowledge that
wagering is occurring; and providing criminal penalty.
Referred to the Committee on Agriculture; and then to the
Committee on the Judiciary.
Senators Stollings and Tomblin (Mr. President) offered the
following resolution:
Senate Concurrent Resolution No. 42--Requesting the Division
of Highways name bridge number 50-152-38.39 (3542) spanning Twelve
Pole Creek in Dickson, Wayne County, the "Noah Stephens Bridge".
Whereas, Noah Stephens, from Wayne County, is a World War II
veteran; and
Whereas, Noah Stephens is among the fewer than four million
World War II veterans still living today; and
Whereas, Noah Stephens served his country bravely and
admirably in World War II, earning a Silver Star, Purple Heart and
Combat Infantryman Badge while serving with the 94th Infantry
Division in Germany; and
Whereas, Noah Stephens is now a disabled veteran as a result
of combat injuries suffered, including frost-bitten feet, from his
days of missing behind enemy lines during the Battle of the Bulge;
and
Whereas, Noah Stephens will celebrate his 84th birthday on
February 29, 2008; and
Whereas, It is fitting to honor Noah Stephens for his service
to his state and country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 50-152-38.39(3542) spanning Twelve Pole Creek in
Dickson, Wayne County, the "Noah Stephens Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the
"Noah Stephens Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and Noah Stephens.
Which, under the rules, lies over one day.
Senators Jenkins and Plymale offered the following resolution:
Senate Concurrent Resolution No. 43--
Requesting the Division
of Highways name bridge number O6-O2-0.10 in Cabell County the
"Sgt. Jackie L. Waymire Memorial Bridge".
Whereas, Sgt. Jackie L. Waymire tragically lost his life in
the Republic of Vietnam on January 9, 1967; and
Whereas, Sgt. Jackie L. Waymire's base camp came under
automatic weapons fire from a reinforced Viet Cong platoon; and
Whereas, Sgt. Jackie L. Waymire led his platoon on an assault
against the insurgent flank; and
Whereas, Sgt. Jackie L. Waymire charged an enemy automatic
weapons emplacement and killed three insurgents before he was
fatally wounded; and
Whereas, Sgt. Jackie L. Waymire was awarded the Distinguished
Service Cross for extraordinary heroism for his actions on January
9, 1967; and
Whereas, It is fitting that this bridge be named for Sgt.
Jackie L. Waymire to honor his life and his faithful and courageous
service to his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number O6-O2-0.10 in Cabell County the "Sgt. Jackie L.
Waymire Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Sgt. Jackie L. Waymire Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation.
Which, under the rules, lies over one day.
Senators
Hunter, Oliverio, Prezioso, Minard, Kessler, Helmick,
Unger and Sypolt
offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division
of Highways name bridge number 31-119/39-0.12 (4793) crossing over
Deckers Creek in Morgantown, Monongalia County, be named the "John
Pyles Bridge".
Whereas, John Pyles has devoted much of his life in service to
Monongalia County and the community of Morgantown; and
Whereas, As an elected representative of the West Virginia
House of Delegates, John Pyles worked tirelessly to better the
quality of life in Monongalia County and Morgantown; and
Whereas, John Pyles served as the leader of the Democratic
Party and Assessor of Monongalia County and then was elected as the
Commissioner of the County Court where he continues to serve to
this day; and
Whereas, In 1998, John Pyles worked with Governor Cecil Underwood to gain state funding to repair the South High Street
Bridge when it fell into complete disrepair; and
Whereas, It is fitting to honor John Pyles for his commitment,
dedication and public service to Morgantown, Monongalia County and
the State of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 31-119/39-0.12 (4793) crossing over Deckers Creek in
Morgantown, Monongalia County, the "John Pyles Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"John Pyles Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and John Pyles.
Which, under the rules, lies over one day.
Senators
Love, Bailey, Boley, Bowman, Caruth, Chafin, Deem,
Edgell, Fanning, Foster, Green, Hall, Helmick, Hunter, Jenkins,
Kessler, McCabe, Minard, Oliverio, Sprouse, Stollings, Sypolt,
Prezioso, Tomblin (Mr. President), Unger, Wells
and Plymale offered
the following resolution:
Senate Resolution No. 14--
Requesting the National Park Service
continue permitting hunting in areas controlled by the New River
Gorge National River.
Whereas, West Virginia is a state with a rich hunting
heritage; and
Whereas, Since the creation of the New River Gorge National
River in 1978, hunters, fishermen and outdoorsmen of all kinds have
enjoyed the area for recreational purposes; and
Whereas, The National Park Service is considering prohibiting
hunting in areas controlled by the New River Gorge National River
by designating it a wilderness area; and
Whereas, The prohibition of hunting in the New River Gorge
National River area would have a drastic impact, not only on the
continuation of West Virginia's hunting traditions, but on the
economic stability of the area; and
Whereas, The West Virginia Division of Natural Resources
strongly opposes any attempt to abolish hunting in the New River
Gorge National River area and believes that the National Park
Service should place additional emphasis on the active management
of all wildlife in the area. If the animal population of the area
is not controlled, consequences such as malnutrition, disease and
increased animal-human conflict, along with the elimination of
plant species, could be disastrous. Hunting is a valuable
management tool to these concerns; and
Whereas, West Virginia's congressional delegation should enact
legislation that would prohibit any superintendent or director of
our national parks from solely deciding whether a park or any part
thereof should be a wilderness area, recreational area or an area
that permits hunting; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the National Park Service to continue permitting hunting in the New River Gorge National River
area; and, be it
Further Resolved, That the Senate is concerned about the
economic impact that prohibiting hunting in the New River Gorge
National River area would have on the State of West Virginia; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Director of National Park Service,
the members of West Virginia's congressional delegation and the
Superintendent of New River Gorge National River.
Which, under the rules, lies over one day.
Petitions
Senator Jenkins presented a petition from Carol Thorp and
twenty-six Wayne County schools' faculty and staff members,
supporting Senate Bill No. 68 (Providing one-time option for
certain Defined Contribution Retirement System members to opt in to
State Teachers Retirement System) and Senate Bill No. 528
(Providing Defined Contribution Retirement System members one-time
option to transfer to State Teachers Retirement System).
Referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 39, Requesting Division of
Highways name bridge in Hemphill, McDowell County, "Charles Spencer
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. 40, Requesting Division of
Highways name bridge in Cabell County, "Phyllis E. Given Memorial
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. 41, Requesting Division of
Highways name bridge in Lincoln County "Sergeant James Allen May
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 217, Reducing compliance time for
nonresident traffic violations.
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, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Chafin, McKenzie and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 217) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 292, Allowing Commissioner
of Banking issue bond claims to collect certain unpaid penalties
and invoices.
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, Deem, Edgell, Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Hunter, Jenkins, Kessler, Love,
McCabe, Minard, Oliverio, Plymale, Prezioso, Sprouse, Stollings,
Sypolt, Unger, Wells, White, Yoder and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Chafin, McKenzie and Sharpe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 292) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 275, Providing Division of Banking
notification of state banks' and holding companies' applications
for out-of-state bank acquisitions.
On second, coming up in regular order, was reported by the
Clerk.
At the request of Senator Minard, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
The Senate proceeded to the tenth order of business.
Eng. House Bill No. 2517, Providing that the Board of Banking
and Financial Institutions have the authority to approve
acquisitions of out-of-state banks by WV state banks.
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 Senators Barnes, Plymale and Hall.
Thereafter, at the request of Senator Sypolt, and by unanimous
consent, the remarks by Senator Barnes were ordered printed in the
Appendix to the Journal.
On motion of Senator Bailey, leaves of absence for the day
were granted Senators Sharpe, Chafin and McKenzie.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Bailey, the Senate adjourned until
tomorrow, Tuesday, February 5, 2008, at 11 a.m.
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