WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TWENTY-NINTH DAY
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Charleston, W. Va., Wednesday, February 6, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Stan Maynard, The Church in the
Valley, Milton, West Virginia.
Pending the reading of the Journal of Tuesday, February 5,
2008,
On motion of Senator Helmick, 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. Com. Sub. for House Bill No. 4032--A Bill to amend and
reenact §21-5-3 of the Code of West Virginia, 1931, as amended,
relating to payment of wages through a direct deposit system
utilizing an electronic payment card or other means of electronic
transfer.
Referred to the Committee on Finance.
The Senate 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. 9, Mandating firearm safety program in public
schools.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 9 (originating in the Committee
on Education)--A Bill
to amend and reenact §18-2-8a of the Code of
West Virginia, 1931, as amended, relating to mandating that a
voluntary hunter safety orientation program be made available as a
part of certain physical education classes; requiring the State
Board of Education to promulgate a rule to establish and implement
the program; and providing that a student who completes the program
is certified to obtain a hunting license.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 9), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 212, Requiring vision screening for driver's
license renewal.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 242, Allowing point deduction for certain
licensees attending defensive driving class.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 242 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17B-3-6 of the Code of West Virginia, 1931, as
amended, relating to providing that if a licensee has been notified of a pending thirty-day driver's license suspension based on the
accumulation of twelve or thirteen points, the licensee may submit
proof of completion of an approved defensive driving course to
deduct three points and rescind the pending license suspension.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 280, Modifying Downtown Redevelopment Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Economic Development pending.
Senator McCabe, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 498, Extending Neighborhood Investment Program
Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Brooks F. McCabe, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 531, Relating to driver's license issuance.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then 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 Senator Caruth:
Senate Bill No. 583--A Bill to amend and reenact §31E-8-802 of
the Code of West Virginia, 1931, as amended, relating to requiring
directors and members of the board of directors of nonprofit
corporations who receive money from a state agency to participate
in at least three hours of training; responsibility of state
agencies for training; and reimbursement for reasonable expenses.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 584--A Bill to amend and reenact §8A-8-3 of
the Code of West Virginia, 1931, as amended, relating to allowing
the expansion of the number of members of boards of zoning appeals
from five to seven.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McCabe, Plymale and Foster:
Senate Bill No. 585--A Bill to amend and reenact §11-3-1,
§11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and
§11-3-25 of the Code of West Virginia, 1931, as amended; to amend
said code by adding thereto thirteen new sections, designated
§11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f,
§11-3-15g, §11-3-15h, §11-3-15i, §11-3-25a, §11-3-25b, §11-3-25c
and §11-3-32; to amend said code by adding thereto a new article, designated §11-6H-1, §11-6H-2, §11-6H-3, §11-6H-4, §11-6H-5,
§11-6H-6 and §11-6H-7; and to amend and reenact §11-10A-8 of said
code, all relating generally to taxation of real and personal
property for ad valorem property tax purposes; making technical
corrections in certain code sections to conform to prior Acts of
the Legislature; updating forfeiture penalties for failure to file
required property tax reports and returns; clarifying report and
return filing requirements and accelerating due taxes of such
reports and returns in order to provide property owners with
greater due process; requiring assessors to notify property owners
of assessed values for current assessment year by specified date;
providing procedures for property owners to protest notices of
assessed valuation and obtain appropriate adjustments from county
assessors; giving Office of Tax Appeals exclusive jurisdiction over
appeals of determinations by county assessors and Tax Commissioner
regarding classification and taxability of real and tangible
personal property; giving Office of Tax Appeals concurrent
jurisdiction with county boards of equalization and review matters
to hear appeals involving assessed value of property for ad valorem
property tax purposes; requiring county commission to establish
arbitration process for property tax valuation issues; specifying
effective dates; providing methods for assessment of industrial
property and natural resources property; time and basis for
assessments; providing definitions; specifying form and manner of
making returns; penalties for failure to file; tentative appraisals
by Tax Commissioner and notification to taxpayers; providing procedures for informal review of tentative appraisals; making of
final appraisals; transmittal to assessors; appeals; and specifying
effective dates.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Prezioso, McCabe, Kessler and Yoder:
Senate Bill No. 586--A Bill to amend and reenact §30-5-1b of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §30-5-6b and
§30-5-30, all relating generally to the scope of practice of
pharmacists; defining terms; authorizing pharmacists to remotely
dispense and deliver prescription drugs; authorizing pharmacists to
administer certain specified immunizations; requiring pharmacists
complete approved vaccine administration courses; providing that
pharmacists may not delegate the authority to administer vaccines;
and authorizing legislative rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Caruth, McCabe, Jenkins, Edgell and Deem:
Senate Bill No. 587--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to injury or
death resulting from occupational pneumoconiosis or any other
occupational disease.
Referred to the Committee on the Judiciary.
By Senator Hunter:
Senate Bill No. 588--A Bill to amend and reenact §22-3-22 of the Code of West Virginia, 1931, as amended, relating to excess
spoil or overburden in intermittent or perennial streams.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Hunter and Minard:
Senate Bill No. 589--A Bill to amend and reenact §24A-1-3 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §24A-2-2b, all relating
to towing services generally; subjecting towing services and their
vehicles and operators to safety rules; and limiting the
information towing services provide on invoices.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Stollings, Jenkins, Kessler, McKenzie
and Foster:
Senate Bill No. 590--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to the
protection of health care workers; establishing criminal penalties;
and defining "health care worker".
Referred to the Committee on the Judiciary.
By Senators Prezioso, Stollings, Jenkins, Kessler, Deem and
Foster:
Senate Bill No. 591--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and
§16-9G-6, all relating to requiring smoke-free medical facilities
by imposing a smoking ban at medical facilities; setting forth limited exceptions to the ban; imposing posting and enforcement
requirements; and imposing penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Bailey and Hunter:
Senate Bill No. 592--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-14D-12a, relating to providing a one-time supplement
for certain annuitants and survivor beneficiaries after being
retired at least three consecutive years.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators McCabe and Foster:
Senate Bill No. 593--A Bill to amend and reenact §18-9A-11 of
the Code of West Virginia, 1931, as amended, relating to
computation of local share; appraisal and assessment of property;
and public library support.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Edgell, Kessler, Hunter, Deem and Love:
Senate Bill No. 594--A Bill to amend and reenact §18A-5-1 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §18A-5-1c, all relating
to the authority of teachers and school personnel in schools;
reducing school violence and disorderly conduct; student behavior
and discipline; alternative learning settings; establishing and implementing consistent and effective discipline policies;
legislative findings; and establishing the Bill of Rights and
Responsibilities for Students and School Personnel.
Referred to the Committee on Education.
By Senators Plymale, Edgell, Stollings, Bailey, Green, Hunter,
Wells, White, Boley, Facemyer, Kessler, Hall, Jenkins, McKenzie and
Unger:
Senate Bill No. 595--A Bill to repeal §18B-1-1, §18B-1-1b and
§18B-1-1c of the Code of West Virginia, 1931, as amended; to repeal
§18B-1A-1 and §18B-1A-2 of said code; to repeal §18B-1B-8 and
§18B-1B-9 of said code; to repeal §18B-3B-1 and §18B-3B-2 of said
code; to repeal §18B-11-5 of said code; to amend and reenact
§18-1-4 of said code; to amend and reenact §18B-1-1a of said code;
to amend said code by adding thereto a new article, designated
§18B-1D-1, §18B-1D-2, §18B-1D-3, §18B-1D-4, §18B-1D-5, §18B-1D-6,
§18B-1D-7 and §18B-1D-8; and to amend said code by adding thereto
a new section, designated §18B-14-9, all relating to education
generally; establishing Vision 2020: An Education Blueprint for
Two Thousand Twenty; requiring State Board of Education rule that
includes goals, objectives, strategies, indicators and benchmarks;
specifying certain public education goals and objectives; providing
legislative findings, intent and purposes; establishing goals for
public higher education; creating education partnership to achieve
state goals and objectives; establishing elements of higher
education accountability system; requiring Higher Education Policy
Commission and Council for Community and Technical College Education to propose rules by certain date; defining terms;
specifying objectives and priorities; establishing date to achieve
certain objectives and priorities; defining responsibilities of
Higher Education Policy Commission, Council for Community and
Technical College Education and state institutions of higher
education relative to accountability system; requiring system
master plans, state compacts, institutional compacts and
institutional and system report cards; establishing submission,
approval, review and reporting requirements; authorizing
implementation plans; assigning geographic areas of responsibility;
specifying that certain reports are no longer required to be
prepared annually except under certain conditions; providing for
committee to examine higher education facility needs; specifying
membership; and requiring recommendations to Legislative Oversight
Commission on Education Accountability by certain date.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Helmick and Love:
Senate Bill No. 596--A Bill to repeal §11-15B-16 of the Code
of West Virginia, 1931, as amended; and to amend and reenact
§11-15B-2, §11-15B-2a, §11-15B-2b, §11-15B-10, §11-15B-11,
§11-15B-12, §11-15B-14, §11-15B-14a, §11-15B-15, §11-15B-18,
§11-15B-19, §11-15B-20, §11-15B-24, §11-15B-25, §11-15B-26,
§11-15B-27, §11-15B-28, §11-15B-30 and §11-15B-32 of said code, all
relating to Streamlined Sales and Use Tax Agreement and the West
Virginia consumers sales and service tax and use tax; defining terms; specifying applicable dates; adopting current terminology;
deleting superseded terminology; specifying procedures; deleting
redundant language; providing relief from liability in specified
circumstances; specifying certain sourcing rules; specifying
interpretation; making typographical corrections; specifying
discovery criteria; specifying monetary allowance criteria; and
specifying effective date.
Referred to the Committee on Finance.
Senators Prezioso, Stollings and Jenkins offered the following
resolution:
Senate Concurrent Resolution No. 45--
Requesting the Joint
Committee on Government and Finance study the impact of changing
the funding formula for local health programs.
Whereas, Public health is one of the most important, yet
underfunded governmental functions in West Virginia; and
Whereas, Compared to other states, West Virginia dramatically
underfunds public health. To meet the average of other southern
states, funding would have to increase by 300 percent or by $14
million in each of the next three years for a total of $42 million;
and
Whereas, West Virginia uses a simple formula to distribute
state aid by funding on a per capita basis. Adopting a new formula
that better represents the needs and fiscal capacities of the local
bodies would better distribute state funding; and
Whereas, Local boards of health receive substantial and
significant support from the Department of Health and Human Resources' Bureau for Public Health and work together as a public
health system; and
Whereas, Greater funding would allow local boards of health to
concentrate efforts on preventable diseases, bringing the rates of
preventable diseases such as cancer, diabetes, heart disease and
stroke in West Virginia down to the national average and thereby
saving the state as much as $716 million in costs; and
Whereas, The current philosophy of health care does not
emphasize preventable diseases; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact of changing the funding formula for
local health programs; and, be it
Further Resolved, That, as part of the study, the Joint
Committee on Government and Finance should emphasize the importance
in reducing preventable diseases; and, be it
Further Resolved, That, as part of the study, the Joint
Committee on Government and Finance should examine the supportive
services and funding of the Department of Health and Human
Resources' Bureau for Public Health as they relate to local boards
of health and the provision of basic public health services; 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.
The Senate proceeded to the eighth 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 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, Fanning,
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)--33.
The nays were: None.
Absent: Sharpe--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2517) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Hunter, Boley, Yoder and Barnes.
Thereafter, at the request of Senator White, and by unanimous
consent, the remarks by Senator Hunter were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Sharpe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 7, 2008, at 11 a.m.
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