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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