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sdj-10th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

TENTH DAY

____________

Charleston, W. Va., Friday, February 20, 2009

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

     Prayer was offered by the Reverend Douglas Ondeck, Assistant Pastor, Sacred Heart Co-Cathedral, Charleston, West Virginia.
     Pending the reading of the Journal of Thursday, February 19, 2009,
     On motion of Senator Snyder, 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 fourth order of business.
     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. 194, Authorizing Department of Health and Human Resources promulgate legislative rule relating to licensure of medical adult day care centers.
     And has amended same.
     And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on the Judiciary, with amendments from the Committee on Health and Human Resources pending.
     Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
     Your Committee on Health and Human Resources has had under consideration
     Senate Bill No. 195, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water systems.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
     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. 196, Authorizing Department of Health and Human Resources promulgate legislative rule relating to tuberculosis testing, control treatment and commitment.
     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 the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 207, Authorizing Board of Medicine promulgate legislative rule relating to definition of surgery.
     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 the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
     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. 220, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to limited prescriptive authority for nurses in advance practice.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     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. 222, Authorizing Board of Respiratory Care promulgate legislative rule relating to student temporary permits.
     And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
                              Respectfully submitted,
                               Roman W. Prezioso, Jr.,
                               Chair.
     The bill, under the original triple committee reference, was 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 Senators Kessler, Unger, Foster, Snyder, McCabe and White:
     Senate Bill No. 311--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16, §3-12-17 and §3-12-18, all relating to creating the 2012 West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; providing alterative campaign financing option for candidates for the West Virginia Supreme Court of Appeals in 2012 through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of Appeals in the 2012 general and primary elections; establishing a 2012 Public Campaign Financing Fund and sources of revenue for the fund; authorizing transfer of $1 million a year from the Treasurer's Unclaimed Property Trust Fund to the fund for four years; requiring an additional penalty assessment be imposed against violators of administrative orders, rules of state governmental agencies, boards and commissions; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend seed money contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for seed money and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for matching public campaign funds when an opponent spends in excess of the initial funding available and for independent expenditures on behalf of a nonparticipating or certified opponent; setting forth certain duties of the State Election Commission; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and setting forth an effective date.
     Referred to the Committee on the Judiciary; and then to the Committee on Finance.
     By Senators Foster and Kessler:
     Senate Bill No. 312--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and §16-9G-6, all relating to requiring smoke-free medical facilities by imposing a smoking ban at medical facilities; setting forth limited exceptions to the ban; imposing posting and enforcement requirements; and imposing penalties for violations.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Prezioso, Boley, Caruth, Foster, Stollings, Kessler, D. Facemire and Unger:
     Senate Bill No. 313--A Bill to amend and reenact §29-6-4 of the Code of West Virginia, 1931, as amended, relating to expanding the number of hours temporary state personnel may work in a calendar year.
     Referred to the Committee on Government Organization; and then to the Committee on Finance.
     By Senators Palumbo, McCabe, Foster, Wells, D. Facemire, Plymale, Unger, Guills and Snyder:
     Senate Bill No. 314--A Bill to amend and reenact §3-3-1 of the Code of West Virginia, 1931, as amended, relating to early voting; and authorizing county commissions to designate voting locations other than the county courthouse or annex of the courthouse.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Palumbo, Wells, Foster and Guills:
     Senate Bill No. 315--A Bill to amend and reenact §17F-1-1 of the Code of West Virginia, 1931, as amended, relating to banning all-terrain vehicles from all paved roads except for the purposes of crossing a road; and requiring all-terrain vehicle operators and passengers to wear protective helmets.
     Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
     By Senators Palumbo and Kessler:
     Senate Bill No. 316--A Bill to amend and reenact §44-10-14 of the Code of West Virginia, 1931, as amended, relating to authorizing that net settlement proceeds held for a minor may be invested in a Smart 529 college savings plan.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Palumbo, Wells, Foster and Unger:
     Senate Bill No. 317--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to adding penalties for driving under the influence.
     Referred to the Committee on the Judiciary.
     By Senator Kessler:
     Senate Bill No. 318--A Bill to amend and reenact §15-2D-3 and §15-2D-7 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Division of Protective Services generally; authorizing division personnel to have law-enforcement authority as to state facilities throughout the state; and authorizing the division to assess, charge and collect fees from state spending units for costs and expenses incurred by the division during extraordinary events held on state property.
     Referred to the Committee on the Judiciary.
     By Senators Chafin, Green, Sypolt, Kessler, D. Facemire, Deem, Plymale, Unger, Foster and Stollings:
     Senate Bill No. 319--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §8-15-8d; and to amend said code by adding thereto a new section, designated §33-3-34, all relating to dedicating a new twenty one hundredths of one percent surcharge on the policyholder of any fire insurance policy or casualty insurance policy issued in this state to defray costs incurred by qualified volunteer and part-volunteer fire companies and departments that provide benefits to their members under a qualified Length of Service Awards Program.
     Referred to the Committee on Finance.
     By Senators Minard and Deem:
     Senate Bill No. 320--A Bill to amend and reenact §33-33-1, §33-33-2, §33-33-3, §33-33-4, §33-33-5, §33-33-6, §33-33-8, §33-33- 9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12, §33-33-13, §33-33- 14 and §33-33-15 of the Code of the West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-33-16, all relating to financial audits of insurers; defining terms; providing general requirements for filing annual audited financial reports; providing for creation of audit committee; requiring financial reports to include certain items; requiring the designation of an independent certified public accountant by insurers; providing requirements for the independent certified public accountants; prohibiting use of indemnification agreements by independent certified public accountants performing certain audits; permitting mediation or arbitration agreements in certain circumstances; requiring audit to be performed in accordance with generally accepted auditing standards; requiring independent certified public accountants to report adverse financial condition of insurers; requiring independent certified public accountants to report material weaknesses regarding internal control of insurers; requiring independent certified public accountants to provide letter of qualifications; requiring that workpapers of independent certified public accountants be available for review by Insurance Commissioner; providing for requirements of audit committee; requiring certain conduct of insurer regarding preparation of reports and documents; providing requirements for conducting financial audits of Canadian and British insurers; requiring report from insurers regarding internal control over financial reporting; providing exemptions; and providing effective dates of provisions.
     Referred to the Committee on Banking and Insurance.
     By Senators Prezioso, Foster, Jenkins, Stollings, Kessler, D. Facemire, Deem, Bowman and Plymale:
     Senate Bill No. 321--A Bill to amend and reenact §16-2D-2, §16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West Virginia, 1931, as amended, all relating generally to the certificate of need process; eliminating certain services of certificate of need review; defining terms; raising the expenditure minimum amount for a capital expenditure and major medical equipment threshold; eliminating archaic language; providing for legislative rule-making authority; setting forth standards for when certain ambulatory health care facilities are not subject to certificate of review; providing that electronic health records are not subject to certificate of review; providing that nonhealth- related projects are subject to certificate of review; and modifying the fee structure for certificate of review by setting forth a capitated amount for certificate of need fees.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     Senators Browning and Green offered the following resolution:
     Senate Concurrent Resolution No. 8--Requesting the Division of Highways name bridge number 0.73, on County Route 16/39, on Moran Avenue in Mullens, West Virginia, "Charles V. Stewart Memorial Bridge".
     Whereas, Charles V. Stewart was born June 6, 1903, in Rockview, West Virginia; and
     Whereas, Charles V. Stewart was married to his beloved wife Theresa on June 6, 1929, in Coalwood, West Virginia; and
     Whereas, Charles V. Stewart was principal of Glen Rogers High School, Ben Dunman School and Mullens High School between the years of 1926-1953, when he retired; and
     Whereas, Charles V. Stewart, together with his wife, owned and co-edited The Mullen Advocate for 27 years; and
     Whereas, Charles V. Stewart was a member of the Board of Directors of The People's Bank of Mullens for a number of years; and
     Whereas, Charles V. Stewart's contributions to the people of Mullens and Wyoming County will benefit many future generations of West Virginians; and
     Whereas, Sadly, at the age of 70, Charles V. Stewart passed away from injuries received in an automobile accident; and
     Whereas, It is fitting to honor Charles V. Stewart by naming a bridge in his memory; therefore, be it
     Resolved by the Legislature of West Virginia:
     That the Legislature hereby requests the Division of Highways to name bridge number 0.73, on County Route 16/39, on Moran Avenue in Mullens, West Virginia, the "Charles V. Stewart Memorial Bridge"; and, be it
     Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Charles V. Stewart 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 to the family of Charles V. Stewart.
     Which, under the rules, lies over one day.
     The Senate proceeded to the seventh order of business.
     Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study veterans' issues.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Rules.
     Senate Concurrent Resolution No. 7, Requesting colleges and universities submit military- and veteran-friendly plans to Joint Committee on Government and Finance.
     On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Military; and then to the Committee on Rules.
     Pending announcement of a meeting of a standing committee of the Senate,
     On motion of Senator Chafin, the Senate adjourned until Monday, February 23, 2009, at 11 a.m.
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