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Senate Journal


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sdj-17th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

SEVENTEENTH DAY

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Charleston, W. Va., Friday, February 27, 2009

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

Prayer was offered by the Reverend Barry Moll, Morris Memorial United Methodist Church, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 26, 2009,
On motion of Senator Browning, 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.
Senator Tomblin (Mr. President) presented a communication from Workforce West Virginia, submitting its Governor's Guaranteed Workforce Program annual report, in accordance with chapter five-b, article two-d, section six 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. Com. Sub. for House Bill No. 2360--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-9A-10, relating to the sale of cigarettes; prohibiting the sale of cigarettes in anything other than original factory-wrapped packaging; prohibiting the sale or distribution of cigarettes in any form other than its original factory packaging; requiring warning on all cigarette packages; prohibiting the sale of individual cigarettes; prohibiting the sale of any cigarettes in a packaging that does not reflect the required warning labels; and providing misdemeanor penalty.
Referred to the Committee on Health and Human Resources.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2403--A Bill to repeal §30-1-15 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-1-2a, §30-1-5, §30-1-6, §30-1-8, §30-1-11 and §30-1-14 of said code; and to amend said code by adding thereto a new section, designated §30-1-19, all relating to professional licensing boards; repealing antiquated ineffective provisions; requiring attendance at orientation sessions; revising requirements for specific subject matter at orientation sessions; establishing quorums; reporting violations; clarifying the issuance of notices to cease and desist; authorizing boards to propose fees notwithstanding specific fees established in code; notifying licensees of proposal of fees in legislative rules; hiring administrative law judges; clarifying law governing hearings and administrative hearings; requiring board members to adhere to ethical standards for appointed officials; permitting boards to establish a process for modifying or waiving continuing education requirements or renewal fees for licensees in active duty military service; and requiring regulatory board reviews.
Referred to the Committee on Government Organization.
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. Com. Sub. for House Bill No. 2528--A Bill to amend and reenact §30-19-1, §30-19-2, §30-19-3, §30-19-4, §30-19-5, §30-19-6, §30-19-7, §30-19-8, §30-19-9, §30-19-10 and §30-19-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto seven new sections, designated §30-19-12, §30-19-13, §30-19-14, §30-19-15, §30-19-16, §30-19-17 and §30-19-18, all relating to State Board of Registration of Foresters; prohibiting the use of the titles registered forester and registered forestry technician; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing certificate and permit requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2529--A Bill to amend and reenact §30-17-1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30-17-8, §30-17-9, §30-17-10 and §30-17-11 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto nine new sections, designated §30-17-12, §30-17-13, §30-17-14, §30-17-15, §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17-20, all relating to the State Board of Sanitation; prohibiting the practice of environmental health science without a license; prohibiting the practice of public health sanitation without a certificate; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license, permit and certificate requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2531--A Bill to repeal §16- 14-1, §16-14-2 and §16-14-3 of the Code of West Virginia, 1931, as amended; to repeal §30-27-10a of said code; to amend and reenact §30-27-1, §30-27-2, §30-27-3, §30-27-4, §30-27-5, §30-27-6, §30-27- 7, §30-27-8, §30-27-9, §30-27-10, §30-27-11, §30-27-12, §30-27-13, §30-27-14, §30-27-15, §30-27-16, §30-27-17 and §30-27-18; and to amend said code by adding thereto six new sections, designated §30-27-19, §30-27-20, §30-27-21, §30-27-22, §30-27-23 and §30-27-24, all relating to the Board of Barbers and Cosmetologists; prohibiting the practice of barbering, permanent waving, cosmetology, aesthetics, or nail care without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; prohibiting practice when a person has an communicable disease; providing requirements for school licensure; providing requirement to be an instructor; providing requirements for a salon license; providing salon management requirements; providing booth and chair rental requirements; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing that a single act is evidence of practice; establishing fees; and establishing continuing education requirements.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2532--A Bill to repeal §30-31-7a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-31-1, §30-31-2, §30-31-3, §30-31-4, §30-31-5, §30-31-6, §30-31-7, §30-31-8, §30-31-9, §30-31-10, §30-31-11, §30-31-12, §30-31-13, §30-31-14 and §30-31-15; and to amend said code by adding thereto two new sections, designated §30-31-16 and §30-31-17, all relating to the Board of Examiners of Counseling; prohibiting the practice of counseling and marriage and family therapy without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license requirements; establishing renewal requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2533--A Bill to repeal §30-10A-1, §30-10A-2, 30-10A-3, 30-10A-4, 30-10A-5, 30-10A-6, 30-10A-7, 30-10A-8 and 30-10A-9 of the Code of West Virginia, 1931, as amended; to amend and reenact §30-10-1, §30-10-2, §30-10-3, §30-10-4, §30-10-5, §30-10-6, §30-10-7, §30-10-8, §30-10-9, §30-10-10, §30-10-11, §30-10-12, §30-10-13, §30-10-14, §30-10-15, §30-10-16, §30-10-17, §30-10-18, §30-10-19 and §30-10-20; and to amend said code by adding thereto three new sections, designated §30-10-21, §30-10-22 and §30-10-23, all relating to the Board of Veterinary Medicine; prohibiting the practice of veterinary medicine without a license; prohibiting the practice of veterinary technology with a certificate; prohibiting the practice of animal euthanasia without a registration; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rulemaking authority; continuing a special revenue account; establishing license, certificate and registration requirements; creating a scope of practice; establishing requirements for an animal euthanasia training program; creating a temporary permit; establishing renewal requirements; providing for exemptions from licensure; providing requirements for the display of a license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; providing for privileged communication and providing that a single act is evidence of practice.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
The Senate 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. 293, Creating felony offense of unauthorized practice of certain health care professions.
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. 307, Creating Maternal Screening Act.
And reports back a committee substitute for same with the following:
Com. Sub. for Senate Bill No. 307 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-4E-1, §16-4E-2, §16-4E-3, §16-4E-4, §16-4E-5 and §16-4E-6, all relating to development of a maternal risk assessment advisory council; providing for legislative findings; setting forth responsibilities of the advisory council; providing for legislative rule-making authority within the Department of Health and Human Resources to develop a uniform maternal risk screening tool; providing for applicability of the screening tool once developed; and providing confidentiality of the tool.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Browning, 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. 352, Authorizing Development Office promulgate legislative rule relating to brownfield economic development districts.
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,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then 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 Barnes and Laird:
Senate Bill No. 397--A Bill to amend and reenact §5-10-2 of the Code of West Virginia, 1931, as amended, relating to providing that mental hygiene commissioners are employees under the Public Employees Retirement System and may receive one year of service credit for each year served and prorated service for any partial year served, up to a maximum of fifteen years credited service.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Foster:
Senate Bill No. 398--A Bill to amend and reenact §17B-2-3a of the Code of West Virginia, 1931, as amended, relating to imposing certain restrictions on a graduated driver's license to increase public safety.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Bowman, Stollings, Chafin, Jenkins and White:
Senate Bill No. 399--A Bill to amend and reenact §20-2-27 and §20-2-28 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-2- 42x, all relating to senior resident lifetime hunting, fishing and trapping license and fee of $15; and allowing persons who are sixty-five years of age before January 1, 2010, to remain exempt from the purchase of the license.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Kessler, Edgell and White:
Senate Bill No. 400--A Bill to amend and reenact §17C-19-3 of the Code of West Virginia, 1931, as amended, relating to when a person is arrested for driving with a revoked or suspended license or for being under the influence of alcohol or controlled substance, he or she must be immediately taken before a magistrate or court unless a magistrate or judge is not reasonably available.
Referred to the Committee on the Judiciary.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 401--A Bill to repeal §11-16-28 of the Code of West Virginia, 1931, as amended; to repeal §19-23-6 and §19-23-30 of said code; to repeal §29-5A-2 of said code; to repeal §29-22-26 of said code; to repeal §60-2-2, §60-2-3, §60-2-7, §60-2-9, §60-2- 11, §60-2-12 and §60-2-13 of said code; to amend and reenact §5F-1- 3a of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §11-9- 2 and §11-9-2a of said code; to amend said code by adding thereto a new section, designated §11-9-2b; to amend and reenact §11-16-3, §11-16-4 and §11-16-27 of said code; to amend and reenact §11B-1-2 of said code; to amend and reenact §19-23-1, §19-23-2, §19-23-3, §19-23-4, §19-23-5, §19-23-11, §19-23-16, §19-23-17 and §19-23-28 of said code; to amend and reenact §29-5A-1, §29-5A-3, §29-5A-5, §29-5A-14 and §29-5A-24 of said code; to amend and reenact §29-22- 1, §29-22-2, §29-22-3, §29-22-4, §29-22-5, §29-22-6, §29-22-7, §29- 22-8, §29-22-13 and §29-22-19 of said code; to amend said code by adding thereto a new section, designated §29-22-8a; to amend and reenact §29-22A-3, §29-22A-7 and §29-22A-10 of said code; to amend and reenact §29-22B-306 and §29-22B-308 of said code; to amend said code by adding thereto a new section, designated §29-22B-335; to amend and reenact §29-22C-3 of said code; to amend and reenact §29- 25-2 of said code; to amend said code by adding thereto two new sections, designated §47-20-1a and §47-20-1b; to amend and reenact §47-20-2 of said code; to amend said code by adding thereto two new sections, designated §47-21-1a and §47-21-1b; to amend and reenact §47-21-2 of said code; to amend said code by adding thereto two new sections, designated §47-23-1a and §47-23-1b; to amend and reenact §47-23-2 of said code; to amend and reenact §60-1-4 and §60-1-5 of said code; to amend and reenact §60-2-1 of said code; to amend and reenact §60-3A-9 of said code; and to amend said code by adding thereto a new section, designated §60-3A-32, all relating to the transfer of authority over racing, boxing, charitable bingo, charitable raffle, charitable raffle boards, charitable games and lottery to the State Gaming and Alcohol Control Agency and State Gaming and Alcohol Control Commission within the Department of Revenue; establishing findings; renaming Lottery Commission as State Gaming and Alcohol Control Commission; establishing commission membership requirements; establishing that no member may have a vested interest in commission-regulated entities; abolishing the Racing Commission and the Athletic Commission and transferring their respective powers and duties to State Gaming and Alcohol Control Commission; transferring powers and duties of Tax Commissioner involving charitable bingo and raffles and charitable raffle boards and games to State Gaming and Alcohol Control Commission; transferring employees from the regulation of bingo, charitable raffle and charitable raffle boards and games to the State Gaming and Alcohol Control Agency; specifying effective dates; creating the position of the Director of the State Gaming and Alcohol Control Agency; providing for the salary of the director and review of the compensation of the director and the chair and members of the State Gaming and Alcohol Control Commission; providing that bingo, charitable raffle and charitable raffle boards and games fees be appropriated into a nonappropriated special account established in the State Treasury to pay salaries and other expenses of the State Gaming and Alcohol Control Agency and that excess fees be transferred to the General Revenue Fund; defining terms; providing the transfer of administration of the regulation of nonintoxicating beer to the State Gaming and Alcohol Control Commission from the Tax Commissioner; providing that the director appoint employees of the State Gaming and Alcohol Control Agency to regulate nonintoxicating beer; providing for a percentage of taxes imposed on nonintoxicating beer to be deposited for administrative expenses of the State Gaming and Alcohol Control Agency; providing that the Secretary of the Department of Revenue maintain his or her principal office at the seat of government and providing that offices and divisions of the department may maintain offices elsewhere; providing for the regulation of horse and dog racing by the State Gaming and Alcohol Control Commission; abolishing the Racing Commission; providing for an omnibus report to the Governor that includes the divisions of the State Gaming and Alcohol Control Agency; abolishing the position of Racing Secretary and other offices; providing that the director employ certain racing employees; providing for the transfer of employees from the Racing Commission; providing for the distribution of revenues from racing license taxes or pari-mutuel pools taxes; providing for a procedure for the suspension or revocation of a racing permit, including a hearing examiner; abolishing the State Athletic Commission; providing for the deposit of boxing, sparring and license promoter's license fees and providing for their use by the State Gaming and Alcohol Control Agency; providing that rules promulgated by the State Athletic Commission remain in full force and effect; establishing legislative purpose; providing for the continuation of judicial rulings; providing that the State Gaming and Alcohol Control Commission and the Director of the State Gaming and Alcohol Control Agency has jurisdiction over horse and dog racing, charitable bingo gaming, charitable raffle gaming, the sport of boxing and nonintoxicating beer and alcohol; providing that the State Gaming and Alcohol Control Commission may adopt emergency rules; providing that the Director of the State Lottery Office shall continue as the Director of the State Gaming and Alcohol Control Agency until a successor is appointed; creating divisions within the State Gaming and Alcohol Control Agency; providing that the director may authorize games; providing that certain law-enforcement agencies and the Attorney General shall provide information regarding lottery to the director; providing that the director may designate enforcement agents and authorizing agents to investigate complaints; providing for the removal of racing officials; providing for capital improvements at racetracks; establishing that the director, with approval, may sell certain parcels of real estate; providing that the Commissioner of Motor Vehicles shall issue Class A license plates to the State Gaming and Alcohol Control Agency; establishing the State Gaming and Alcohol Control Agency - Administrative Account; prohibiting employees of the State Gaming and Alcohol Control Agency from certain actions; providing for an audit of accounts and transactions of the State Gaming and Alcohol Control Agency; removing the requirement that racetracks applying for a video lottery license or license renewal have certain agreements with certain representatives; providing that the rules promulgated by the Tax Commissioner and licenses and permits issued shall remain in effect; providing that an applicant for a retail license for the sale of liquor is entitled to a hearing before the State Gaming and Alcohol Control Commissioner or a hearing examiner designated by the commission; providing that license fees shall be deposited in nonappropriated special account to pay for salaries and other expenses; abolishing limit of investigators for criminal investigation division of the State Tax Division; and providing that investigators for the criminal investigation division of the State Tax Division have all the lawful powers delegated to the West Virginia State Police.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Bowman, Guills, Prezioso, Unger, Foster, Chafin, Jenkins and Barnes:
Senate Bill No. 402--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto six new sections, designated §7-18-2a, §7-18-16, §7-18-17, §7-18-18, §7-18-19 and §7-18-20; and to amend and reenact §7-18-3 and §7-18-14 of said code, all relating to the establishment of accredited convention and visitor bureaus; and standards for accreditation.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 403 (originating in the Committee on Finance)- -A Bill supplementing, amending, decreasing and increasing items of the existing appropriations from the State Road Fund to the Department of Transportation, Division of Highways, fund 9017, fiscal year 2009, organization 0803, for the fiscal year ending June 30, 2009, by supplementing and amending the appropriations for the fiscal year ending June 30, 2009.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 15, Requesting Joint Committee on Government and Finance study public libraries' funding.
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. 16, Requesting Division of Highways name bridge in Ramage "Sebert S. Duty Memorial Bridge".
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. 17, Requesting Congress reexamine law regarding children's recreational vehicles.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 239, Allowing majority vote for certain metro government approval.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 341, Transferring juvenile justice database administration to Supreme Court.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 346, Correcting code reference related to bear tagging.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 347, Correcting code reference related to extended supervision for certain sex offenders.
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. 99, Sentencing discretion for certain youthful offenders.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Pending announcement of a meeting of a standing committee of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 2, 2009, at 11 a.m.
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