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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