WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

TWENTY-SECOND DAY

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Charleston, W. Va., Wednesday, January 30, 2008

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

Debra Renee Burkhardt of London, West Virginia, proceeded in the singing of "The Lord's Prayer".
Pending the reading of the Journal of Tuesday, January 29, 2008,
On motion of Senator Boley, 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 Commission on Special Investigations, submitting its annual report as required by chapter four, article five, section two 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 passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2517--A Bill to amend and reenact §31A-8A-2 and §31A-8A-3 of the Code of West Virginia, 1931, as amended, all relating to establishing requirements for a West Virginia state bank or a West Virginia state bank holding company in control of a West Virginia state bank to acquire an out-of state bank or bank holding company; requiring that the application for the acquisition filed with the appropriate federal regulator be filed with the commissioner of banking prior to the acquisition; and exceptions for certain acquisitions involving a merger and establishment of branches.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
The Senate proceeded 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. 259, Limiting regional jail per diem incarceration rate for partial days.
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,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
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. 265, Creating Special Aircraft Property Valuation 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 Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 275, Providing Division of Banking notification of state banks' and holding companies' applications for out-of-state bank acquisitions.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 292, Allowing Commissioner of Banking issue bond claims to collect certain unpaid penalties and invoices.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 292 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as amended, relating to permitting bond claims by the Commissioner of Banking to collect unpaid civil administrative penalties and unpaid examination invoices while allowing priority for pending consumer claims.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 398, Authorizing Department of Health and Human Resources promulgate legislative rule relating to food establishments.
Senate Bill No. 399, Authorizing Department of Health and Human Resources promulgate legislative rule relating to water wells.
Senate Bill No. 403, Authorizing Department of Health and Human Resources promulgate legislative rule relating to newborn screening system.
And,
Senate Bill No. 404, Authorizing Department of Health and Human Resources promulgate legislative rule relating to clandestine drug laboratory remediation.
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 Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then 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 Senator Minard (By Request):
Senate Bill No. 490--A Bill to amend and reenact §16-13A-9 of the Code of West Virginia, 1931, as amended, relating to rates, service rates and charges; discontinuance of service; required water and sewer connections; and lien for delinquent fees.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Unger, Deem, Yoder and Barnes:
Senate Bill No. 491--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-1C-9a, relating to establishing a three-year moratorium on any increase in taxes on Class II, III and IV real property.
Referred to the Committee on Finance.
By Senator White:
Senate Bill No. 492--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-7-4b, relating to eliminating part-time prosecutors; and authorizing an increase in salary for a part-time prosecutor who becomes a full-time prosecutor.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Oliverio and Plymale:
Senate Bill No. 493--A Bill to amend and reenact §3-1A-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of the Secretary of State.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Oliverio, White, Plymale and Jenkins:
Senate Bill No. 494--A Bill to amend and reenact §3-4A-2, §3- 4A-10, §3-4A-13, §3-4A-16, §3-4A-17, §3-4A-19, §3-4A-28 and §3-4A- 33 of the Code of West Virginia, 1931, as amended, all relating to the use of an electronic poll book in which registered voters are verified as eligible to vote in an election; and providing a penalty for tampering with electronic poll book.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Love, Oliverio and Plymale:
Senate Bill No. 495--A Bill to amend and reenact §3-1-46 of the Code of West Virginia, 1931, as amended, relating to training programs for election officials.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Oliverio, White, McKenzie and Plymale:
Senate Bill No. 496--A Bill to amend and reenact §3-2-30 of the Code of West Virginia, 1931, as amended, relating to the protection of certain information maintained in voter registration files.
Referred to the Committee on the Judiciary.
By Senators McCabe, Bailey, Wells and Jenkins:
Senate Bill No. 497--A Bill to amend and reenact §33-16D-2 of the Code of West Virginia, 1931, as amended, relating to marketing and rate practices for small employer accident and sickness insurance policies.
Referred to the Committee on Banking and Insurance.
By Senators Tomblin (Mr. President), Helmick, Fanning, Bowman, Chafin, White, Green, Prezioso, Sprouse, Yoder, Wells, Boley, McKenzie, Kessler, Love, Jenkins, Plymale, Facemyer, Hunter, Minard, Edgell, Oliverio, Sharpe, Sypolt, Bailey, Barnes, Unger, Hall, Stollings, Deem, Guills, Caruth, McCabe and Foster:
Senate Bill No. 498--A Bill to amend and reenact §11-13J-12 of the Code of West Virginia, 1931, as amended, relating to extending the Neighborhood Investment Program Act; and eligibility for tax credits under the act.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Jenkins, White, Guills, Barnes and Plymale:
Senate Bill No. 499--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the severance tax on timber.
Referred to the Committee on Finance.
By Senators Barnes and Plymale:
Senate Bill No. 500--A Bill to amend and reenact §46A-6-101, §46A-6-105 and §46A-6-106 of the Code of West Virginia, 1931, as amended, all relating to clarification of West Virginia's consumer protection law; providing for statement of legislative intent; providing exemption for matters regulated by the Federal Trade Commission; providing standards for actions by consumers; providing for jury trials; and providing for effective date.
Referred to the Committee on the Judiciary.
By Senators Fanning, Kessler, Foster, Bailey, Wells and McKenzie:
Senate Bill No. 501--A Bill to amend and reenact §20-13-3 of the Code of West Virginia, 1931, as amended, relating to the transfer of the Stream Partners Program Fund from the West Virginia Division of Natural Resources to the West Virginia Department of Environmental Protection in order to ensure a sufficient level of funding.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Fanning, Kessler, Boley, Foster, Bailey, Wells, Unger and Plymale:
Senate Bill No. 502--A Bill to amend and reenact §22-3-30a of the Code of West Virginia, 1931, as amended, relating to allowing penalties collected under the Department of Environmental Protection's blasting program to be deposited in the Special Reclamation Fund.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Fanning, Kessler, Foster, Bailey, Wells, White, Plymale and McKenzie:
Senate Bill No. 503--A Bill to amend and reenact §22-1-6 of the Code of West Virginia, 1931, as amended, relating to authorizing the Secretary of the Department of Environmental Protection to require solid waste facility permit applicants and specified others connected with applicants and permittees to furnish fingerprints for the purpose of conducting state and federal criminal history checks.
Referred to the Committee on the Judiciary.
By Senators Bowman and Unger:
Senate Bill No. 504--A Bill to repeal §48-17-101, §48-17-102, §48-17-103, §48-17-104, §48-17-105, §48-17-106, §48-17-107, §48-17-108 and §48-17-109 of the Code of West Virginia, 1931, as amended; to amend and reenact §16-5-10 of said code; to amend and reenact §38-3-18 of said code; to amend and reenact §48-1-205, §48-1-225 and §48-1-230 of said code; to amend and reenact §48-11-103 and §48-11-105 of said code; to amend said code by adding thereto a new section, designated §48-13-804; to amend and reenact §48-14-102, §48-14-106, §48-14-203, §48-14-404, §48-14-407, §48-14-408, §48-14-414, §48-14-502, §48-14-503, §48-14-701 and §48-14-801 of said code; to amend said code by adding thereto a new section, designated §48-14-108; to amend and reenact §48-15-201 of said code; to amend and reenact §48-18-102, §48-18-118, §48-18-120, §48-18-126 and §48-18-206 of said code; to amend said code by adding thereto a new section, designated §48-18-118a; and to amend and reenact §51-2A-15b of said code, all relating generally to child support enforcement; clarifying requirements for paternity affidavits; clarifying the statute of limitations for child support orders; clarifying findings of fact in court orders when income is attributed for purposes of setting child support; clarifying that prescription drugs are included in medical support; providing that inmate concession accounts are income for withholding purposes; providing for support to continue past age eighteen by operation of law; establishing a procedure for refunding of properly withheld amounts when a support order is modified; requiring family court judges enter default orders setting child support; allowing the Bureau for Child Support Enforcement to bring an action for medical support; providing refund procedures when a party to a support order is deceased; clarifying that an affidavit of accrued support may be filed in the court where the original order was entered; allowing the collection through income withholding of court-ordered fees; clarifying that withholding limitations do not apply to bonuses; providing for remedies against employers who improperly withhold child support; creating consistency among civil contempt penalties; authorizing the Bureau for Child Support Enforcement to collect an additional one hundred dollars when arrearage triggers are met; eliminating the requirement that the Bureau for Child Support Enforcement attorney meet with the parties prior to the posting of a bond; authorizing the Tax Commissioner to deny issuance or reissuance of a business license; repealing the dormant Child Support Enforcement Commission; clarifying the duties of the Bureau for Child Support Enforcement Commissioner with respect to the child support formula; allowing the Tax Commissioner to supply names and addresses to the Bureau for Child Support Enforcement for enforcement of support obligations; allowing collection of overpayments to support obligees from state tax refunds; eliminating the requirement that parties receive annual statements; requiring the Bureau for Child Support Enforcement to review all public assistance cases every three years; providing for consistency of service of process; and making technical corrections.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Tomblin (Mr. President), Hunter, Foster, Love, Kessler, Boley, McKenzie, Jenkins, Plymale, Wells, Unger, Minard, Bailey, Sypolt and Edgell:
Senate Bill No. 505--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9A-1-11a; and to amend and reenact §29-22-9a of said code, all relating to authorizing creation of the Veterans Cemetery Fund to be funded from a portion of the proceeds from the veterans instant lottery scratch-off game.
Referred to the Committee on Military; and then to the Committee on Finance.
Senators Love and White offered the following resolution:
Senate Concurrent Resolution No. 35--Declaring that it is the sense of the Legislature that the various training facilities of the West Virginia Corrections Academy should be consolidated and housed in a new facility financed and constructed by West Virginia University and leased on a long-term basis to the West Virginia Division of Corrections.
Whereas, The West Virginia Corrections Academy was located on the campus of West Virginia University Institute of Technology for 10 years; and
Whereas, The West Virginia Division of Corrections now operates three separate training facilities at different locations, none of which were designed for the purpose of training for corrections officials; and
Whereas, West Virginia University Institute of Technology and the Community and Technical College at West Virginia University Institute of Technology are now offering two-year and four-year programs in criminal justice and desire to integrate these programs with training at the Corrections Academy; and
Whereas, West Virginia University Institute of Technology has other facilities such as cafeterias and sports facilities that it is willing to share with the Corrections Academy; and
Whereas, West Virginia University Institute of Technology is located in close proximity to Charleston and the Mount Olive Correctional Complex; and
Whereas, West Virginia University Institute of Technology is now a full division of West Virginia University; and
Whereas, West Virginia University has indicated they will finance and construct a facility built to the specification of the West Virginia Division of Corrections and lease such facility to the West Virginia Division of Corrections on a long-term basis; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby declares that it is the sense of the Legislature that the various training facilities of the West Virginia Corrections Academy should be consolidated and housed in a new facility financed and constructed by West Virginia University and leased on a long-term basis to the West Virginia Division of Corrections; and, be it
Further Resolved, That this facility should be located on the campus of West Virginia University Institute of Technology; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Presidents of West Virginia University and West Virginia University Institute of Technology and the Commissioner of the West Virginia Division of Corrections.
Which, under the rules, lies over one day.
Senators Hunter, Stollings, Unger, McKenzie, Foster, Jenkins, Plymale, Edgell, Wells, Prezioso, Oliverio, Kessler, White and McCabe offered the following resolution:
Senate Resolution No. 12--Designating January 30, 2008, as "Social Workers Day".
Whereas, Social workers have the right education and experience to guide individuals, families and communities through complex issues and choices; and
Whereas, Social workers connect individuals, families and communities to available resources; and
Whereas, Social workers provide health care, mental health and substance abuse services that empower individuals to maintain productive roles in society; and
Whereas, Social workers are dedicated to improving the world in which we live; and
Whereas, Social workers are positive and compassionate professionals who stand up for others to make sure everyone has access to the same basic rights, protections and opportunities; and
Whereas, Social workers help people help themselves, wherever and whenever they need it most; and
Whereas, Social workers have been the driving force behind important social movements in the United States and abroad; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 30, 2008, as "Social Workers Day"; and, be it
Further Resolved, That the Senate hereby recognizes the many contributions of social workers, including their professionalism, dedication and commitment to those they serve; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials representing "Social Workers Day".
At the request of Senator Hunter, 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, at the request of Senator Caruth, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Petitions

Senator Jenkins presented a petition from Brenda G. Harrison and nine faculty and staff members of Ceredo Elementary School, supporting Senate Bill No. 68 (Providing one-time option for certain Defined Contribution Retirement System members to opt in to State Teachers Retirement System).
Referred to the Committee on Pensions.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Requesting Joint Committee on Government and Finance study daily physical education classes.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Education; and then to the Committee on Rules.
Senate Concurrent Resolution No. 33, Requesting Joint Committee on Government and Finance study four-day work week for city, county and state employees.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 34, Amending Joint Rules of Senate and House of Delegates by adding a new rule relating to constitutional petitions and resolutions.
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.
House Concurrent Resolution No. 7, Supporting the efforts of the Town of Matewan to obtain National Park status for the Matewan Historic Landmark District.
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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 234, Creating Maternal Mortality Review Team.
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, Hall, 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: Guills, 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. Com. Sub. for S. B. No. 234) 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. 337, Eliminating obsolete language concerning Supreme Court clerk.
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, Hall, 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: Guills, 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. 337) 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. 459, Authorizing rules of School Building Authority and Higher Education Policy Commission.
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, Hall, 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: Guills, 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. 459) 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 tenth order of business.
Senate Bill No. 217, Reducing compliance time for nonresident traffic violations.
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 Guills.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 31, 2008, at 11 a.m.
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