WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-EIGHTH LEGISLATURE
REGULAR SESSION, 2008
TWENTIETH DAY
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Charleston, W. Va., Monday, January 28, 2008
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Melissa White, Pineville
United Methodist Church, Pineville, West Virginia, and Wyoming
United Methodist Church, Wyoming, West Virginia.
Pending the reading of the Journal of Friday, January 25,
2008,
On motion of Senator Unger, 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. 4019--A Bill to amend and reenact §56-1-1a
of the Code of West Virginia, 1931, as amended, relating to civil
actions filed in the courts of the state.
Referred to the Committee on the Judiciary.
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 and Barnes:
Senate Bill No. 460--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-2-8a, relating to making it illegal to transport a
minor across state lines to obtain an abortion without written
consent from both parents; and providing a criminal penalty for
violation.
Referred to the Committee on the Judiciary.
By Senators Prezioso, Kessler, Plymale and Hunter:
Senate Bill No. 461--A Bill to amend and reenact §5-10-22f of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-7A-26r of said code, all relating to increasing the
minimum retirement annuity for certain public employee and teacher
retirants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Bailey:
Senate Bill No. 462--A Bill to amend and reenact §27-4-1 and
§27-4-3 of the Code of West Virginia, 1931, as amended, all
relating to raising the age of consent that an individual may
refuse mental health treatment.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 463--A Bill to amend and reenact §29-6-20 of
the Code of West Virginia, 1931, as amended, relating to the
exclusion of service as a poll worker from being deemed a
prohibited political activity.
Referred to the Committee on the Judiciary.
By Senators Kessler and Love:
Senate Bill No. 464--A Bill to amend and reenact §46A-6H-3 of
the Code of West Virginia, 1931, as amended, relating to requiring
court approval for certain structured settlement transfers;
enhancing protection for consumers and dependents thereon;
requiring appointment of guardian ad litem; payment of guardian ad
litem, attorneys' fees and costs; requiring findings; and standard
of proof.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators McCabe, Unger, Fanning, White, Boley, Deem,
Sprouse, Love, Chafin, Kessler, Tomblin (Mr. President), Bowman,
Green, Foster, Oliverio, Facemyer, Hall, Prezioso, Plymale,
Stollings, Bailey, Jenkins, Hunter, Minard, Guills, Barnes,
Helmick, Edgell, Wells, Yoder and Sypolt:
Senate Bill No. 465--A Bill to amend and reenact §11-23-6 of
the Code of West Virginia, 1931, as amended, relating to
eliminating the business franchise tax effective the first day of
January, two thousand thirteen.
Referred to the Committee on Finance.
By Senators Unger, Plymale, Prezioso, Foster, Jenkins,
Stollings and Hunter:
Senate Bill No. 466--A Bill to amend and reenact §22C-1-3,
§22C-1-6 and §22C-1-16 of the Code of West Virginia, 1931, as
amended, all relating to the Water Development Authority; defining
terms; providing that stormwater systems may qualify as water
development projects; and authorizing the Water Development
Authority to administer the Dam Safety Rehabilitation Revolving
Fund Loan Program.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Unger, Prezioso, Plymale, Jenkins, Foster,
Stollings, Hunter and Love:
Senate Bill No. 467--A Bill to amend and reenact §22-14-3,
§22-14-15 and §22-14-19 of the Code of West Virginia, 1931, as
amended; and to amend said code by adding thereto three new
sections, designated §22-14-20, §22-14-21 and §22-14-22, all
relating to dam safety; defining terms; providing for the
establishment, administration and management of the Dam Safety
Rehabilitation Revolving Fund; providing moneys for the fund;
providing eligibility requirements to receive loans from the fund;
providing rule-making authority; providing application requirements
for loans from the fund; establishing loan agreement requirements;
providing for collection of moneys due the fund; providing
authority to the Department of Environmental Protection for deficient dams that are privately owned by a noncompliant dam
owner; and establishing civil penalties.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Plymale and Jenkins:
Senate Bill No. 468--A Bill to amend and reenact §60A-9-5 of
the Code of West Virginia, 1931, as amended, relating to
authorizing county sheriffs to have access to the State Board of
Pharmacy database.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Love, Jenkins and Barnes:
Senate Bill No. 469--A Bill to amend and reenact §61-2-29 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto four new sections, designated §61-2-29a,
§61-2-29b, §61-2-29c and §61-2-29d, all relating to protecting
incapacitated persons and the elderly; defining terms; criminal
penalties; and providing enhanced periods of incarceration for the
offense of abuse or neglect of incapacitated adults or elder
persons which result in the death of such persons.
Referred to the Committee on the Judiciary.
By Senators Love, Bailey, Bowman, Wells, Facemyer, Fanning and
Green:
Senate Bill No. 470--A Bill to amend and reenact §12-6C-6 of
the Code of West Virginia, 1931, as amended, relating to
investments by political subdivisions; and clarifying that political subdivisions may invest with the West Virginia Investment
Management Board and the West Virginia Board of Treasury
Investments.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bailey:
Senate Bill No. 471--A Bill to amend and reenact §17A-3-3 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §17D-2A-4 and §17D-2A-7 of said code, all relating to
changing the penalty for driving without automobile insurance from
license suspension to a fine if certain conditions are met.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Minard:
Senate Bill No. 472--A Bill to repeal §23-2C-9 of the Code of
West Virginia, 1931, as amended; to amend and reenact §23-2C-2 and
§23-2C-10 of said code; and to amend and reenact §33-26-3,
§33-26-5, §33-26-6, §33-26-8 and §33-26-12 of said code, all
relating to an assigned risk plan and guaranty association account
for workers' compensation insurance; defining terms; eliminating
certain funds in the Treasurer's office and transferring moneys in
such funds to the Old Fund; eliminating the requirement that
private carriers maintain an office in this state; providing for
the establishment and operation of an assigned risk plan; making
workers' compensation insurance applicable to the Insurance
Guaranty Association Act; establishing a new account to be administered by the West Virginia Insurance Guaranty Association;
modifying standards for paying duplicate claims; and providing that
limits on benefits payable by the guaranty association are not
applicable to obligations arising out of workers' compensation
insurance.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Oliverio, Minard, Wells, White, Barnes, Yoder,
Kessler and Sypolt:
Senate Bill No. 473--A Bill to repeal §60-1-5a of the Code of
West Virginia, 1931, as amended; to repeal §60-3-25 of said code;
to amend and reenact §60-1-5 of said code; to amend said code by
adding thereto four new sections, designated §60-4-2a, §60-4-2b,
§60-4-2c and §60-4-22a; to amend and reenact §60-4-3b and §60-4-22
of said code; to amend and reenact §60-6-1 of said code; to amend
and reenact §60-8-1, §60-8-2, §60-8-3, §60-8-4, §60-8-6, §60-8-6a,
§60-8-19, §60-8-20, §60-8-24, §60-8-28, §60-8-30 and §60-8-32 of
said code; and to amend said code by adding thereto two new
sections, designated §60-8-3a and §60-8-3b, all relating to sales
of wine; adding and removing certain definitions; establishing
application and reporting requirements for farm wineries seeking a
waiver of raw product quotas and import restrictions; defining
"off-farm location" to mean a West Virginia farm or winery;
limiting the duration of waivers; providing for winery and farm
winery license to manufacture and sell; deleting provisions
prohibiting wholesaler's representatives or their spouses from contributing to political party campaign funds; authorizing wine
specialty shops to conduct wine sampling events and wine tasting
events without obtaining a separate license; deleting provisions
relating to wine tasting and wine sampling licenses; limiting
direct shipping licenses to wineries or farm wineries producing
twenty thousand gallons of wine or less per year; exempting from
payment of the liter tax any winery or farm winery producing twenty
thousand gallons of wine or less per year; providing that where a
supplier or direct shipper does not have a minimum nexus with this
state, the purchaser of wine from the supplier or direct shipper is
responsible for reporting, collecting, remitting and paying taxes
on the wine sold to the Tax Commissioner; adopting language
relating to disposition of wine tax revenues; decreasing the cost
and duration of wine brand and label registration; requiring the
Alcohol Beverage Control Commissioner to propose rules for
promulgation setting out standards for wine brand and label review
and registration; and allowing wine manufacturers, suppliers and
distributors to agree in writing to a period of less than ninety
days for termination of a distribution agreement.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 474--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9j, relating to providing a limited annual exemption from the consumers sales and service tax for purchases of
certain Energy Star qualified products; specifying time period for
exemption; and specifying definition.
Referred to the Committee on Finance.
By Senators Jenkins, Barnes and Sypolt:
Senate Bill No. 475--A Bill to amend and reenact §3-1-16 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§3-4A-11 and §3-4A-11a of said code; to amend said code by adding
thereto a new section, designated §3-5-6a; to amend and reenact §3-
5-7, §3-5-13 and §3-5-13a of said code; and to amend said code by
adding thereto a new section, designated §3-6-2a, all relating to
the nonpartisan election of justices of the Supreme Court of
Appeals; timing and frequency of election; ballot design and
printing; separation from partisan ballot; nonpartisan election of
justices; filing announcement of candidacies; withdrawal of
announcement of candidacies; refund of paid filing fees; and ballot
content and form.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Foster, Kessler and Love:
Senate Bill No. 476--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-5-6, relating to allowing state employees with at
least five years of continuous state service to be paid for unused
sick leave days in excess of fifty days once per year.
Referred to the Committee on Finance.
By Senators Prezioso, Facemyer, Bowman, Deem, Green, Love, Barnes, White, Plymale, Jenkins, Kessler, Foster, Stollings and
Hunter:
Senate Bill No. 477--A Bill to amend and reenact §20-7-1a and
§20-7-1c of the Code of West Virginia, 1931, as amended, all
relating to providing an increase in compensation for conservation
officers.
Referred to the Committee on Natural Resources; then to the
Committee on Finance.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 31--Requesting the Division
of Highways name bridge number 10526 on Route 65/5 in Delbarton,
Mingo County, the "Thomas Elbert Muncy, Jr., Memorial Bridge".
Whereas, Thomas Elbert Muncy, Jr., was a life-long resident of
the Puritan Mines community where he worked as a miner for 34
years; and
Whereas, Thomas Elbert Muncy, Jr., was one of the first people
to push for a vital water project in Puritan Mines which greatly
improved the quality of life for all those living in the Puritan
Mines community; and
Whereas, Thomas Elbert Muncy, Jr., was a very community-minded
individual who diligently worked on projects in his neighborhood;
and
Whereas, As a member of the Delbarton Church of God, Thomas
Elbert Muncy, Jr., was always looking to help his fellow man,
especially during the holiday season, and always made sure that the
families in his community were able to eat a delicious holiday dinner; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 10526 on Route 65/5 in Delbarton, Mingo County, the
"Thomas Elbert Muncy, Jr., 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
"Thomas Elbert Muncy, Jr., 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 and the Mayor and City Council of
Delbarton.
Which, under the rules, lies over one day.
Senators Unger, Yoder, Barnes and Plymale offered the
following resolution:
Senate Resolution No. 9--Recognizing Leadership Berkeley for
its service, dedication and commitment to Berkeley County.
Whereas, The objective of Leadership Berkeley is to promote
knowledge and awareness of the problems, opportunities and issues
facing Berkeley County; and
Whereas, Leadership Berkeley is designed to provide a series
of educational and participatory experiences, as well as an
opportunity for dialogue and the development of a correlation among
participants in order to encourage local participation in the
growth of Berkeley County; and
Whereas, The membership of Leadership Berkeley includes individuals from nearly every facet of Berkeley County's business,
professional, religious, governmental, educational, civic, the
arts, organized labor and minority organizations who demonstrate a
commitment to the community; and
Whereas, The 2007-2008 membership of Leadership Berkeley
consists of Patti Baldwin, City National Bank; Michael Ball, Region
9 Planning and Development; Michelle Barnes, Verizon; Tina Burns,
Shenandoah Valley Medical System; Leah Catlett, Berkeley County
Schools; Renee Davis, Centra Bank; Kendra Deoms, Chick-Fil-A;
Elizabeth Guthrie, Potomac Construction, Inc.; Rev. Julie Harris,
Trinity Episcopal Church; Jessica Jacot, Summit Community Bank;
Dottie Johnson, Manpower; Elizabeth Jones, Decker & Company;
Matthew Jozik, Centra Bank; Robin Kees, Telamon Corp.; Regina
Keller, Berkeley County PSSD; Kimberly Lanager, Tri-State Moving;
Randy Lewis, Main Street Martinsburg; Ethan Loewen, First United
Bank and Trust; Charles Lowery, CNB Bank; Terri Martin, VA Medical
Center; Kimberly McGarrah, Susquehanna Bank; Brenda Painter,
Jefferson Security Bank; Rita Quinn, EastRidge Health Systems;
Michael Roach, Centra Bank; Tina Stover, WVU Hospitals East;
Margarita Walkup, Mountain State University; William Walkup, EWV
Regional Airport; and the Martinsburg-Berkeley County Chamber of
Commerce; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Berkeley for its
service, dedication and commitment to Berkeley County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of
Leadership Berkeley.
At the request of Senator Unger, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting Division of
Highways name section of Interstate 70 in Wheeling, Ohio County,
"Doc and Chickie Williams Country Music Royal Couple Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Resolution No. 8, Expressing support for West Virginia
University Institute of Technology.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator White, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 238, Increasing monetary limit to file
circuit court suit.
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, 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: Hall, 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. 238) passed.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Senate Bill No. 238--A Bill to amend and reenact §51-2-2
of the Code of West Virginia, 1931, as amended, relating to
increasing monetary limit required to file a suit in circuit court;
and clarifying original and general jurisdiction of circuit courts.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 257, Repealing outdated penitentiary code
provisions.
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, 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: Hall, 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. 257) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 258, Repealing outdated code provisions
relating to Huttonsville Correctional Center.
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, 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: Hall, 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. 258) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 262, Repealing outdated code provisions relating to Denmar State Hospital.
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, 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: Hall, 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. 262) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 263, Updating certain code provisions
relating to Division of Corrections.
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, 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: Hall, 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. 263) 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. 72, Expanding Route 2 and Interstate 68
Authority territory.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 236, Eliminating obsolete election language.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 270, Eliminating provisions requiring circuit
clerks handle and disburse inmate moneys.
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.
Com. Sub. for Senate Bill No. 234, Creating Maternal Mortality
Review Team.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 337, Eliminating obsolete language concerning
Supreme Court clerk.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 459, Authorizing rules of School Building
Authority and Higher Education Policy Commission.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Sharpe, McKenzie and Hall.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, January 29, 2008, at 11 a.m.
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