WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-EIGHTH LEGISLATURE

REGULAR SESSION, 2008

SIXTEENTH DAY

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Charleston, W. Va., Thursday, January 24, 2008

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

Prayer was offered by the Reverend Dr. Bill Ellis, Minister at Large, Teays Valley Church of God, Scott Depot, West Virginia.
Pending the reading of the Journal of Wednesday, January 23, 2008,
On motion of Senator Bailey, 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 Economic Development Authority, submitting its annual report as required by chapter thirty-one, article fifteen, section twenty-nine of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 72, Expanding Route 2 and Interstate 68 Authority territory.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 207, Relating to Deputy Sheriff Retirement System Act.
Senate Bill No. 208, Clarifying all Consolidated Public Retirement Board systems are included in employer pick-up provisions.
And,
Senate Bill No. 293, Allowing certain Supreme Court retirees per diem compensation.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 236, Eliminating obsolete election language.
And,
Senate Bill No. 270, Eliminating provisions requiring circuit clerks handle and disburse inmate moneys.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 243, Clarifying administrative circuit clerk fees.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 243 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §38-5A-4 and §38-5A-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §38-5B-4 of said code; and to amend and reenact §59-1-11 of said code, all relating to clarifying certain fees assessed by circuit clerks; and increasing the amount circuit clerks are allowed to charge for copies and for preparing appeals.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 243), 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 and joint resolution were introduced, read by their titles, and referred to the appropriate committees:
By Senators Hunter, Minard, Unger, Stollings, Prezioso, Jenkins and Kessler:
Senate Bill No. 327--A Bill to amend and reenact §24F-1-2 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24F-1-7, all relating to payment of veterans' grave markers not provided by the United States government.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Boley, Helmick, Facemyer, Green, Edgell, Yoder, Wells, Love, Bailey, Kessler, Sypolt, Plymale, Unger and Hall:
Senate Bill No. 328--A Bill to amend and reenact §29-1-1, §29-1-2, §29-1-5 and §29-1-6 of the Code of West Virginia, 1931, as amended, all relating to the Division of Culture and History; providing that the division and commissioner make specific use of the archives library in the West Virginia Science and Culture Center; prohibiting the sale of food and drink in that building; locating the gift shop in the basement with the museum; and giving the Archives and History Commission oversight and administrative authority over the state historian and archivist.
Referred to the Committee on Government Organization.
By Senators Oliverio, Minard, Prezioso, Hunter and Kessler:
Senate Bill No. 329--A Bill to amend and reenact §18A-4-2b of the Code of West Virginia, 1931, as amended, relating to including school psychologists and school nurses with other professional school personnel for a salary supplement and reimbursement for achieving national board certification.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Jenkins:
Senate Bill No. 330--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; and to amend said code by adding thereto a new section, designated §20-5-23, all relating to immunity from civil liability for operators of parks and recreation districts.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
By Senators Jenkins and Plymale:
Senate Bill No. 331--A Bill to amend and reenact §17-2A-8 of the Code of West Virginia, 1931, as amended, relating to the transfer and credit of surplus cash balances between funds administered by the Commissioner of Highways.
Referred to the Committee on Finance.
By Senator Minard:
Senate Bill No. 332--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2, §11-28-3, §11-28-4 and §11-28-5, all relating to required disclosures for loans in anticipation of a tax refund.
Referred to the Committee on Banking and Insurance.
By Senators Oliverio, Hunter and Prezioso:
Senate Bill No. 333--A Bill to amend and reenact §8-1-5a of the Code of West Virginia, 1931, as amended, relating to the composition of the Municipal Home Rule Board and the timetable and responsibilities of the Municipal Home Rule Pilot Program.
Referred to the Committee on Government Organization.
By Senators Kessler, Hunter and McKenzie:
Senate Bill No. 334--A Bill to amend and reenact §51-2A-19 of the Code of West Virginia, 1931, as amended, relating to creating a panel of senior status family court judges; and providing temporary assignment of such judges.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Hunter, White and McKenzie:
Senate Bill No. 335--A Bill to amend and reenact §50-1-9b of the Code of West Virginia, 1931, as amended, relating to authorizing the Supreme Court of Appeals to create a panel of senior status magistrate assistants.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Hunter and Yoder:
Senate Bill No. 336--A Bill to amend and reenact §59-1-16 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-6A-3 of said code, all relating to increasing the compensation paid to witnesses.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, White and Yoder:
Senate Bill No. 337--A Bill to amend and reenact §51-1-11 of the Code of West Virginia, 1931, as amended, relating to the removal of obsolete language concerning the Clerk of the Supreme Court of Appeals.
Referred to the Committee on the Judiciary.
By Senators Kessler, Helmick and Love:
Senate Bill No. 338--A Bill to amend and reenact §55-17-3 of the Code of West Virginia, 1931, as amended, relating to reducing the number of written status reports on a civil action against a state government agency required to be provided by the chief officer of the government agency.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 339--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A- 4-6, §39A-4-7, §39A-4-8, §39A-4-9 and §39A-4-10, all relating to real property; enacting the Uniform Real Property Electronic Recording Act; providing for the recording of electronic real property documents by county clerks; and validity of real property documents with electronic signatures.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Chafin, Oliverio, Barnes, White, Foster, Hunter, Green, Minard, Wells, Jenkins, Yoder, Love, Guills, Unger and McKenzie:
Senate Bill No. 340--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §46A-2B-101, §46A-2B-102, §46A-2B-103, §46A-2B-104, §46A-2B-105 and §46A-2B-106, all relating to the unauthorized acquisition of data that compromises the security, confidentiality or integrity of personal information maintained by the data collector; requiring notification to the consumer of any breach of consumer information security; requiring certain actions by data collectors with respect to breach of security; prohibiting waiver of provisions; making violations an unconscionable act; providing civil penalties for violations; providing other remedies; and providing that the provisions of said article are severable under certain circumstances.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Stollings, Wells, Hunter and Kessler:
Senate Bill No. 341--A Bill to amend and reenact §16-19-1, §16-19-2, §16-19-3, §16-19-4, §16-19-5, §16-19-6, §16-19-7, §16-19-8, §16-19-9, §16-19-10, §16-19-11, §16-19-12, §16-19-13 and §16-19-14 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto nine new sections, designated §16-19-15, §16-19-16, §16-19-17, §16-19-18, §16-19-19, §16-19-20, §16-19-21, §16-19-22 and §16-19-23, all relating to establishing the Revised Anatomical Gift Act; providing for a short title; establishing applicability; defining terms; identifying who may make an anatomical gift before the donor's death; establishing the manner of making an anatomical gift before the donor's death; providing for amendment or revocation of an anatomical gift before the donor's death; clarifying donor's right to refuse to make an anatomical gift and the effect of such refusal; specifying the preclusive effect of an anatomical gift, amendment or revocation; identifying who may make an anatomical gift of a body or part after death of the donor; establishing the manner of making, amending or revoking an anatomical gift after the decedent's death; identifying persons and institutions to whom anatomical gifts may be made; establishing presumptions for distribution of body and parts if donor does not specify to whom gift passes; requiring first responders, hospital staff and medical examiners to conduct a reasonable search of the body of a decedent for evidence of an anatomical gift or refusal to make a gift; specifying that delivery of document of gift during donor's lifetime not required; identifying who may examine a document of gift; establishing rights and duties of procurement organization in recovering a body or part the subject of an anatomical gift; requiring hospitals to cooperate with procurement organizations for purposes of recovering anatomical gifts; creating the offense of knowingly buying or selling a body part for transplantation or therapy; creating the offense of intentionally falsifying, concealing, defacing or obliterating a document of gift, amendment or revocation; establishing immunity from civil liability for good faith efforts to comply with article; specifying which law governs documents of gift; establishing donor registry through Division of Motor Vehicles and standards of operation; specifying effect of anatomical gift on advance health care directives; requiring cooperation between medical examiner and procurement organization; establishing standards and conditions for medical examiner's release of body or part subject to anatomical gift to procurement organizations; requiring authorization of prosecuting attorney for release of body or recovery of part where death is subject to criminal investigation; and establishing relation to Electronic Signatures in Global and National Commerce Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Yoder, Prezioso, Hall, Hunter, Unger and Jenkins:
Senate Joint Resolution No. 7--Proposing an amendment to the Constitution of the State of West Virginia, amending section one-b, article X thereof, relating to homestead exemption increase; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Prezioso and Edgell offered the following resolution:
Senate Concurrent Resolution No. 29--Designating Megalonyx Jeffersonii as the official state fossil.
Whereas, No fossil has been designated as the official state fossil for the State of West Virginia; and
Whereas, Interest in fossils and paleontology has become increasingly widespread throughout the citizenry of this state. There are currently fossil, rock and gem clubs already organized in the counties of Cabell, Harrison, Kanawha and Wood; and
Whereas, In 1797, President Thomas Jefferson obtained and described fossil bones from a limestone cave in what is now Monroe County; and
Whereas, These bones were again described by Casper Wistar in 1799 as the bones of a giant extinct ground sloth; and
Whereas, Wistar named the bones as a new species, Megalonyx Jeffersonii, in honor of President Jefferson; and
Whereas, The bones are from the Ice Age, or Pleistocene Epoch, which lasted from 10,000 to 1.8 million years ago, and afford an opportunity for special studies in American, state and natural history for the students of the state; and
Whereas, The designation of a state fossil would aid in the promotion of interest in geology, paleontology and history; and
Whereas, Thirty-nine of the 50 states have an official state fossil; therefore, be it
Resolved by the Legislature of West Virginia:
That Megalonyx Jeffersonii be designated as the official state fossil; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward copies of this resolution to the schools in the state.
Which, under the rules, lies over one day.
Senators Prezioso, Hunter, McKenzie, Kessler, Jenkins, Stollings, Unger, White and Oliverio offered the following resolution:
Senate Resolution No. 7--Designating January 24, 2008, as "Disability Advocacy Day".
Whereas, There are more than 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full productive lives in the community of their choice; and
Whereas, People with disabilities have the right to receive support they need to exercise self-determination, achieve independence, contribute to their communities and become productive employees in the workplace; and
Whereas, West Virginia's citizens with disabilities have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, Such organizations as the Appalachian Center for Independent Living, Mental Health Association of Monongalia County, Mountain State Centers for Independent Living, Northern West Virginia Center for Independent Living, West Virginia Advocates, West Virginia Assistive Technology System, West Virginia Developmental Disabilities Council, West Virginia Mental Health Planning Council, West Virginia Statewide Independent Living Council, West Virginia Division of Rehabilitation Services, West Virginia Autism Training Center, the ARC of the Three Rivers, the West Virginia State Rehabilitation Council, the West Virginia Alliance for Sustainable Families, the West Virginia Olmstead Office, the West Virginia Hartley/Medley Advocacy Project, Job Squad Incorporated, Children with Special Health Care Needs, the ARC of the Mid-Ohio Valley and the West Virginia University Center for Excellence in Disability have joined together with individual Network members to help increase public awareness of issues involving the many concerns of West Virginians with disabilities; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates January 24, 2008, as "Disability Advocacy Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Senator Chafin, 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 Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 342 (originating in the Committee on Government Organization)--A Bill to amend and reenact §60-7-12 of the Code of West Virginia, 1931, as amended, relating to regulating time to sell alcohol in private clubs; exempting race tracks from the private club requirements; and authorizing certain counties and municipalities to designate an earlier time by ordinance.
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 the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
On motion of Senator Bowman, the bill (S. B. No. 342) contained in the foregoing report from the Committee on Government Organization was then referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 28, Designating timber rattlesnake as state reptile.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Natural Resources.
Senate Resolution No. 5, Authorizing the appointment of 2008 session employees.
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.
The Senate proceeded to the tenth order of business.
Senate Bill No. 238, Increasing monetary limit to file circuit court suit.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 257, Repealing outdated penitentiary code provisions.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 258, Repealing outdated code provisions relating to Huttonsville Correctional Center.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 262, Repealing outdated code provisions relating to Denmar State Hospital.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 263, Updating certain code provisions relating to Division of Corrections.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Love and Hunter.
Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Love were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, January 25, 2008, at 11 a.m.
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