WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
THIRTY-FIRST DAY
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Charleston, W. Va., Friday, February 8, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by
Pastor Chuck Lawrence, Christ Temple
Church, Huntington
, West Virginia.
Pending the reading of the Journal of Thursday, February 7,
2008,
On motion of Senator Facemyer, 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. 133, Relating to payment in lieu of property
tax agreements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 133 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§11-3-9a, relating generally to payment in lieu of property tax
agreements; prescribing uniform minimum reporting and content
requirements for payment in lieu of property tax agreements;
requiring that agreements be filed in county clerk's office and
with chief inspector and Secretary of Revenue and updated annually;
requiring authorized representative of certain entities including
each local levying body to execute payment in lieu of property tax
agreements; permitting chief inspector to specify content of
agreement and summaries by procedural rules; specifying method for
allocation and distribution of payments in lieu of property taxes,
whether payment is received in money or other property; specifying
how in lieu of property tax payments received by a board of
education are treated for purpose of state school aid formula;
defining certain terms; specifying when and how these rules apply
and exempting certain agreements from their application; and
providing effective dates.
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. 133), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 251, Removing state employee exemption from
land surveyor licensing provisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 251 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §7-2-8; and to amend and reenact §30-13A-36 of said
code, all relating to surveyors; and requiring each county surveyor
of lands to be a licensed surveyor after a date certain.
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,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 251), under the original
double committee reference, was 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. 298, Updating definitions relating to child
abuse and neglect.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 317, Updating physician and podiatrist
licensing requirements.
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 Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 462, Raising mental health refusal age of
consent.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 481, Authorizing physician assistants to
conduct mental health hygiene process examinations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 481 (originating in the
Committee on Health and Human Resources)--A Bill to amend and
reenact §27-5-2 of the Code of West Virginia, 1931, as amended,
relating to authority of physician assistants to conduct
examinations in the mental health hygiene process.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 555, Limiting real property classification of
managed timberland.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 555 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §11-1C-11
of the Code of West Virginia, 1931, as amended, relating to
valuation of managed timberland
.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 555), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 595, Establishing education goals and
objectives for 2020.
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,
Robert H. Plymale,
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 Senators Love, Deem, Jenkins, Helmick, Kessler, McKenzie,
Unger and Plymale:
Senate Bill No. 616--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto six new sections,
designated §7-18-2a, §7-18-16, §7-18-17, §7-18-18, §7-18-19 and
§7-18-20; and to amend and reenact §7-18-3 and §7-18-14 of said
code, all relating to the establishment of accredited convention
and visitor bureaus; and standards for accreditation.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators McCabe, Wells, Edgell, Foster, Minard, Deem, Unger
and Jenkins:
Senate Bill No. 617--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-5-13b, relating to exempting manufacturing inventory
from ad valorem property taxation in the state.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Stollings, Jenkins, Bowman, Prezioso, Fanning,
Foster, McCabe, Bailey, Hunter, White, Minard, Love and Plymale:
Senate Bill No. 618--A Bill to amend and reenact §5-16-15 of
the Code of West Virginia, 1931, as amended, relating to the Public
Employees Insurance Act; and making optional plans available as a
section 125 plan of the Internal Revenue Service or as part of the preferred provider benefits.
Referred to the Committee on Finance.
By Senators Prezioso, Jenkins, Wells, Hunter, Hall, Stollings,
Plymale, Unger, Kessler, Foster and Love:
Senate Bill No. 619--A Bill to amend and reenact §16-4D-2,
§16-4D-3 and §16-4D-4 of the Code of West Virginia, 1931, as
amended, all relating to adding definitions for anticipated and
unanticipated users of external defibrillators; and limiting
liability toward unanticipated users who render aid.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators McKenzie, Bowman, Oliverio, Yoder, Plymale, Wells,
Jenkins, Green, Barnes, Kessler, White, Hunter and Foster:
Senate Bill No. 620--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §15-14-1, §15-14-2, §15-14-3, §15-14-4, §15-14-5,
§15-14-6, §15-14-7, §15-14-8, §15-14-9, §15-14-10, §15-14-11,
§15-14-12 and §15-14-13, all relating to illegal immigration;
creating the West Virginia Taxpayer and Citizen Protection Act of
2008; stating legislative purpose; making certain acts unlawful;
preserving provision of certain benefits and services; providing
penalties; identification documentation; requiring issuance of
identification documents to certain persons; providing exceptions;
stating period of validity; providing for renewal under certain circumstances; providing exception for certain documents; providing
presumption of validity for renewal, duplication or reissuance of
driver licenses; requiring determination of citizenship status for
persons charged with certain crimes; requiring verification of
persons determined to be foreign nationals; providing time
limitation for verification; requiring notification to certain
entities; providing rebuttable presumption that certain persons are
flight risks; defining terms; requiring participation in certain
verification systems; prohibiting certain persons from entering
into contracts after certain dates; providing exceptions;
establishing certain discriminatory practices; providing
exceptions; limiting certain cause of actions; requiring agencies
and political subdivisions to verify lawful presence of persons
applying for certain benefits; providing for nondiscriminatory
treatment; excluding verification under certain circumstances;
requiring execution of affidavits; requiring certain applicants to
be verified through the Systematic Alien Verification for
Entitlement Program; making certain actions subject to certain
criminal penalties; authorizing adoption of variations to stated
requirements; requiring certain entities to submit an annual
compliance report; requiring certain entities to monitor certain
program; requiring publication of annual reports and certain
recommendations; requiring certain entities to submit a report of
errors to certain agencies; requiring certain withholding of state income tax under certain circumstances; providing for tax liability
for noncompliance; preventing certain misinterpretation; directing
the Attorney General to negotiate terms of certain memorandum;
requiring certain signatures; prohibiting certain actions by
government entities; authorizing private rights of action under
certain circumstances; requiring that certain persons be ineligible
for post-secondary education benefits or resident tuition;
providing exception for persons enrolled during or before certain
school years; establishing a Fraudulent Documents Identification
Unit within the West Virginia State Police subject to availability
of funding; stating purposes; stating duties; providing for
employment of sufficient employees; requiring certain periods of
residence while attending certain schools; requiring satisfaction
of certain admission standards; requiring presentation of certain
documentation or filing of certain affidavits; requiring
presentation of certain documents after filing of certain
affidavits; requiring maintenance of documentation in certain
records; providing qualifications for meeting certain criteria;
prohibiting certain additional conditions for persons enrolled
during or before certain school years; and providing an effective
date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes and Deem:
Senate Bill No. 621--A Bill to amend and reenact §29-22-11 of
the Code of West Virginia, 1931, as amended, relating to the
prohibition of the sale of lottery tickets from six a.m. to one
p.m. on Sundays.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe, Foster, Hunter, Kessler, Barnes and
Oliverio:
Senate Bill No. 622--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2G-1, §5B-2G-2, §5B-2G-3, §5B-2G-4, §5B-2G-5,
§5B-2G-6, §5B-2G-7, §5B-2G-8 and §5B-2G-9; and to amend and reenact
§59-1-10 of said code, all relating generally to the Voluntary
Rural and Outdoor Heritage Conservation Act; establishing Outdoor
Heritage Conservation Fund; Board of Trustees created; funding of
land conservation and issuance of bonds; and deed recording fee
increase to go to Outdoor Heritage Conservation Fund, Farmland
Protection Fund and clerk of county commission.
Referred to the Committee on Economic Development; and then to
the Committee on Finance.
By Senators Plymale and Edgell:
Senate Bill No. 623--A Bill to amend and reenact §18A-3-3 of
the Code of West Virginia, 1931, as amended, relating to amending
one of the requirements for renewing a professional or first class certificate based upon a bachelor's degree by allowing an
electronic equivalent in lieu of an actual official transcript of
six semester hours of approved credit.
Referred to the Committee on Education.
By Senators Plymale and Edgell:
Senate Bill No. 624--A Bill to amend and reenact §18A-5-8 of
the Code of West Virginia, 1931, as amended, relating to expanding
the application of provisions limiting the transfer of autism
mentors and aides working with autistic students to also apply to
paraprofessionals and interpreters working with students with any
exceptionality.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Plymale, Edgell, Barnes, Jenkins and Oliverio:
Senate Bill No. 625--A Bill to amend and reenact §18A-2-9 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18A-4-3 and §18A-4-7a of said code, all relating to school
principals; requiring each school principal to make recommendations
regarding the appointment, assignment, promotion, transfer and
dismissal of all personnel assigned to the school under the
principal's control; adding the principal's recommendations to the
seven existing criteria to be considered when hiring professional
personnel; and increasing the principal's increment.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators McCabe, Jenkins, Wells, Caruth, Oliverio, Foster,
Facemyer, Minard, Kessler, Boley, Plymale and Love:
Senate Bill No. 626--A Bill to amend and reenact §22-5-1 and
§22-5-11 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated
§22-5-11a, all relating to air pollution control; allowing for the
expedited review of complete permit applications for sources other
than major sources; allowing all facilities with complete
applications for permission to commence construction and which have
received written permission from the secretary to construct an
altered or expanded source provided that operations of the altered
or expanded source do not commence until its permit or permit
modification is issued; setting timelines for permitting actions;
making other clarifications of the secretary's duties in minor
source air permitting; and requiring the promulgation of
legislative rules.
Referred to the Committee on the Judiciary.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
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. 627 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-6-24 of the Code of
West Virginia, 1931, as amended, relating to clarifying that a
terroristic threat is a felony regardless of intent to actually
commit the threatened act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 20, Urging
Congress pass legislation protecting public from toxic imports.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 46, Urging Congress support
national Mother's Day monument located in West Virginia.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Government
Organization.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 242, Allowing point deduction
for certain licensees attending defensive driving class.
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 tenth order of business.
Senate Bill No. 512, Increasing number of Records Management
and Preservation Board members.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Megan Fitzwater to address the Senate on behalf
of the Frasure-Singleton Student Legislative Program.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Megan Fitzwater were ordered
printed in the Appendix to the Journal.
Upon expiration of the recess, the Senate reconvened and
proceeded to the twelfth order of business.
Remarks were made by Senators Chafin and Jenkins.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 11, 2008, at 11 a.m.
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