WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

THIRTY-EIGHTH DAY

____________

Charleston, W. Va., Friday, February 15, 2008

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Herman Laurence Haught, Tyler City Pentecostal Church of God, Middlebourne, West Virginia.
Pending the reading of the Journal of Thursday, February 14, 2008,
On motion of Senator Oliverio, 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 Clerk presented a communication from the Division of Natural Resources, submitting its annual report as required by chapter twenty, article one, section seven of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its annual report, in accordance with chapter fourteen, article two, section twenty-five of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Court of Claims, submitting its Crime Victims Compensation Fund report as required by chapter fourteen, article two-a, section twenty-one of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 262, Repealing outdated code provisions relating to Denmar State Hospital.
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. 4150--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-6-1; to amend and reenact §7-3-2a of said code; and to amend and reenact §18-5-24 of said code, all relating to requiring that the purchase of United States flag or flags of the State of West Virginia only be made from manufacturers in the United States when public funds are used.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Oliverio, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 13 (originating in the Committee on Government Organization), Relating to Dental Practice Act generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 13 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §30-4-3, §30-4-5, §30-4-6, §30-4-13, §30-4-14, §30-4-15 and §30-4-21 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Dental Practice Act; clarifying definitions, powers of the board, rulemaking and temporary permits; authorizing Board of Dental Examiners to promulgate rules allowing dental hygienists to practice in public health settings under different degrees of supervision; providing method of service that a copy of a complaint against a dentist or dental hygienist to a dentist or dental hygienist be established by board rule; establishing a special volunteer dental license; and providing civil immunity.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Michael A. Oliverio II,
Vice Chair.
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. 156, Providing tuition waivers for children and spouses of certain National Guard and active duty military personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 156 (originating in the Committee on Education)--A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended, relating to granting tuition waivers to the children and spouses of National Guard members, members of a reserve component of the armed forces and active military duty personnel killed in the line of duty.
And,
Senate Bill No. 269, Authorizing certain tax credit for new teachers in critical needs areas.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 269 (originating in the Committee on Education)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13Y-1; and to amend and reenact §18-2-18 of said code, all relating to school personnel; authorizing a tax credit for new teachers in critical needs areas; requiring the State Board of Education to define "critical needs areas"; and eliminating a study requirement for which the deadline for presenting the conclusions and recommendations has passed.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Committee Substitute for Senate Bill No. 156 contained in the foregoing report from the Committee on Education.
The bill (Com. Sub. for S. B. No. 269), 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. 165, Relating to school employees' donated personal leave days.
And has amended same.
And,
Senate Bill No. 607, Relating to teachers' professional development and preparation days.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of Senate Bill No. 165 contained in the foregoing report from the Committee on Education.
The bill (S. B. No. 607), under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
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. 278, Establishing special license for health care professionals volunteering services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 278 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-1-18; to amend said code by adding thereto a new section, designated §30-3-16a; to amend said code by adding thereto two new sections, designated §30-4-8a and §30-4-10a; to amend said code by adding thereto a new section, designated §30-5- 10a; to amend said code by adding thereto a new section, designated §30-7-6a; to amend said code by adding thereto a new section, designated §30-8-5a; to amend said code by adding thereto a new section, designated §30-14A-5; to amend said code by adding thereto a new section, designated §30-20-8a; to amend said code by adding thereto a new section, designated §30-20-16; and to amend said code by adding thereto a new section, designated §30-28-8a, all relating to the establishment of special volunteer licenses for health care professionals donating their expertise for the care and treatment of indigent and needy patients in the clinic setting; providing legislative rule-making authority to the respective boards to set licensure criteria and continuing education requirements for retired, volunteer and inactive licenses; and providing civil immunity therefor.
With the recommendation that the committee substitute 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 (Com. Sub. for S. B. No. 278), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Oliverio, 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. 305, Clarifying procedures for seizing neglected or abused animals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 305 (originating in the Committee on the Judiciary)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Michael A. Oliverio II,
Vice Chair.
Senator Bailey, 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. 317, Updating physician and podiatrist licensing requirements.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Billy Wayne Bailey, Jr.,
Vice Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 325, Relating to state employee deferred compensation plan.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 325 (originating in the Committee on Finance)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 399, Authorizing Department of Health and Human Resources promulgate legislative rule relating to water wells.
Senate Bill No. 407, Authorizing Commissioner of Highways promulgate legislative rule relating to traffic and safety rules.
And,
Senate Bill No. 434, Authorizing Division of Motor Vehicles promulgate legislative rule relating to disclosure of information from files of division.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 458, Authorizing Lottery Commission promulgate legislative rule relating to racetrack table games.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
Senator Bailey, 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. 519, Extending Hazardous Waste Material Management Fee Fund sunset provision.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 519 (originating in the Committee on Government Organization)--A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to extending the sunset provision for the Hazardous Waste Management Fee Fund to the thirtieth day of June, two thousand ten.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Billy Wayne Bailey, Jr.,
Vice Chair.
Senator Bailey, 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. 570, Allowing county commissions' involvement in joint development efforts.
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 Economic Development.
Respectfully submitted,
Billy Wayne Bailey, Jr.,
Vice Chair.
At the request of Senator McCabe, as chair of the Committee on Economic Development, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Bailey, 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. 579, Appointing additional nonresident members to community's sanitary board.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 579 (originating in the Committee on Government Organization)--A Bill to authorize the governing body of the city of Bluefield to appoint two additional nonresident members to the Bluefield Sanitary Board.
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,
Billy Wayne Bailey, Jr.,
Vice Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
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. 606, Requiring hiring preference for summer school program positions.
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.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
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. 632, Creating Healthy Lifestyles Restaurant Calorie Posting Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 632 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 632), 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 Facemyer, Hall and Stollings:
Senate Bill No. 675--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18A-2-15, relating to the board hiring the best qualified person for extracurricular activities.
Referred to the Committee on Education.
By Senators Plymale, Jenkins and Stollings:
Senate Bill No. 676--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-11-7; to amend said code by adding thereto a new section, designated §8-21-10a; to amend said code by adding thereto a new section, designated §19-25-8; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Boley and Fanning:
Senate Bill No. 677--A Bill to amend and reenact §20-2-58 of the Code of West Virginia, 1931, as amended, relating to modifying restrictions relating to shooting and discharging firearms near residences, parks and certain other public places.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 678--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-12-5c, relating to authorizing the State Board of Risk and Insurance Management to provide insurance to county and regional airport authorities and municipal airports.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Boley:
Senate Bill No. 679--A Bill to amend and reenact §17A-1-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of said code, all relating to expanding the definition of "all-terrain vehicle" to include all-terrain utility vehicles.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 680--A Bill to repeal §11-23-5b of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13S-4 of said code; to amend and reenact §11-23-5a of said code; to amend said code by adding thereto a new section, designated §11-23-17b; to amend and reenact §11-24-3a, §11-24-4, §11-24-7, §11-24-7b, §11-24-13a, §11-24-13c, §11-24-13d, §11-24-13f and §11-24-42 of said code; and to amend said code by adding thereto a new section, designated §11-24-3b, all relating to corporate net income tax and business franchise tax and combined reporting; specifying percentage of taxes subject to offset by manufacturing investment tax credit; specifying allocation and apportionment methods and rules; specifying application of certain tax credits; defining terms; specifying general meaning relating to the term "tax haven"; specifying imposition of tax and rates; specifying reductions of corporation net income tax rate; specifying nullity for designated provisions; specifying removal of nullity for designated provisions; specifying apportionment rules for financial organizations; specifying treatment of insurance companies; specifying method of filing; specifying application of designated net operating losses; specifying treatment of designated dividends; mandating reporting on water's-edge unitary basis; specifying election to report based on worldwide unitary basis; specifying authority of Tax Commissioner to prescribe reporting basis; and specifying effective dates.
Referred to the Committee on Finance.
By Senators Bailey and Green:
Senate Bill No. 681--A Bill to create the Beckley-Raleigh County Building Code Authority to oversee operations of the Beckley-Raleigh County Code Enforcement Department and to adopt and enforce the State Building Code for the city of Beckley and Raleigh County.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
Senators Sharpe (By Request), Minard (By Request), Green, Boley, Guills and Hall offered the following resolution:
Senate Resolution No. 19--Supporting the efforts of the West Virginia Child Abduction Prevention Program (WV-CAPP) in promoting legislation to authorize every West Virginia city and town to enact a sex offender residency ordinance.
Whereas, The West Virginia Child Abduction Prevention Program (WV-CAPP)has proposed that cities and towns in West Virginia adopt sex offender residency and restriction ordinances; and
Whereas, Sex offender residency and restriction ordinances would include language that limits the sex offender from living, working and loitering within 1000 feet of any school, childcare facility, school bus stoop or defined child safety zone, such as a public park, playground or wading pool, among other places; and
Whereas, It is believed that cities and towns in West Virginia do not have appropriate legislative authority to enact and enforce such an ordinance; therefore, be it
Resolved by the Senate:
That the Senate hereby supports the efforts of the West Virginia Child Abduction Prevention Program (WV-CAPP) in promoting legislation to authorize every West Virginia city and town to enact a sex offender residency ordinance; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the House of Delegates, Governor Manchin and the West Virginia Child Abduction Prevention Program (WV-CAPP).
Which, under the rules, lies over one day.
At the request of Senator Chafin, and by unanimous consent, the Senate returned 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. 682 (originating in the Committee on Education)--A Bill to amend and reenact §18B-10-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §29-22-18 of said code, all relating to creating a special revenue fund known as the Community and Technical College Capital Improvement Fund; providing for depositing funds pledged to repay principal, interest and/or redemption premium on certain bonds authorized by the commission for community and technical college capital improvements; and allocating five million dollars to the Higher Education Policy Commission Community and Technical College Capital Improvement Fund for community and technical college education capital improvements.
And reports the same back with the recommendation that it do pass; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (S. B. No. 682) contained in the foregoing report from the Committee on Education was then referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 51, Urging Congress declare annual National Miner's Day.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Government Organization.
Senate Concurrent Resolution No. 52, Requesting Division of Highways name bridge in Marion County "Seaman 1st Class Clyde Richard Wilson 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 ninth order of business.
Com. Sub. for Senate Bill No. 9, Mandating hunter safety program in public schools.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on Finance, were reported by the Clerk, considered simultaneously, and adopted:
On page three, section eight-a, line twenty-nine, by striking out the word "about" and inserting in lieu thereof the words "relating to";
On page three, section eight-a, line thirty-one, after the words "result of" by inserting the word "the";
On page three, section eight-a, line thirty-four, after the word "and" by inserting the word "the";
And,
On page four, section eight-a, lines forty-six through forty- eight, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
(d) The Division of Natural Resources shall issue a certificate of training, required by section thirty-a, article two, chapter twenty of this code, to any student who completes the hunter safety orientation program.
The bill (Com. Sub. for S. B. No. 9), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 193, Allowing lenders' sale of membership plans.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 290, Creating felony offense of unauthorized practice of certain health care professions.
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.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 145, Relating to reasonable force in defense of self, real and personal property.
Com. Sub. for Com. Sub. for Senate Bill No. 201, Providing terms for certain retirement benefits disqualification.
Com. Sub. for Senate Bill No. 207, Relating to Deputy Sheriff Retirement System Act.
Com. Sub. for Senate Bill No. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions.
Com. Sub. for Senate Bill No. 301, Relating to State Police Retirement Fund.
Senate Bill No. 465, Eliminating Business Franchise Tax.
Com. Sub. for Senate Bill No. 545, Relating to tax administration efficiency.
Com. Sub. for Senate Bill No. 596, Relating to Streamlined Sales and Use Tax Agreement.
Senate Bill No. 673, Making supplementary appropriation to Department of Health and Human Resources.
Senate Bill No. 674, Making supplementary appropriation to Department of Administration and Department of Military Affairs and Public Safety.
And,
Eng. Com. Sub. for House Bill No. 4327, Relating to charitable bingo and updating the maximum wage allowed to reflect changes in state minimum wage.
On motion of Senator Chafin, the Senate recessed for five minutes to permit Michael Bush to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and 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 Senator McKenzie.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, February 18, 2008, at 11 a.m.
____________