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Senate Journal


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sdj-35th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTY-FIFTH DAY

____________

Charleston, W. Va., Tuesday, March 17, 2009

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

Prayer was offered by the Reverend John McDonough, St. Agnes Catholic Church, Charleston, West Virginia.
Pending the reading of the Journal of Monday, March 16, 2009,
On motion of Senator Kessler, 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.
Senator Tomblin (Mr. President) presented a communication from the Family Protection Services Board, submitting its annual report, in accordance with chapter forty-eight, article twenty-six, section four hundred one of the code of West Virginia.
Which communication and report were 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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2423--A Bill to amend and reenact §30-23-4, §30-23-5, §30-23-6, §30-23-9, §30-23-10, §30-23-13, §30-23-14, §30-23-16, §30-23-17 and §30-23-19 of the Code of West Virginia, 1931, as amended, all relating to the Board of Medical Imaging and Radiation Therapy Technology.
Referred to the Committee on Government Organization.
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. Com. Sub. for House Bill No. 2444--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29J-1, §16-29J-2, §16-29J-3, §16-29J-4 and §16-29J-5, all relating to the creation of the Legislative Oversight Commission on Long-Term Care; establishing membership, responsibilities; giving subpoena power; and establishing reporting requirements.
Referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
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. 2651--A Bill to repeal §19-10-1, §19-10-2, §19-10-3, §19-10-4, §19-10-5, §19-10-6, §19-10-7, §19-10-8, §19-10- 9, §19-10-10, §19-10-11, §19-10-12 and §19-10-13 of the Code of West Virginia, 1931, as amended, relating to male breeding animals.
Referred to the Committee on Agriculture.
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. 2652--A Bill to repeal §19-2G-1, §19-2G-2, §19-2G-3, §19-2G-6, §19-2G-7, §19-2G-9 and §19-2G-10 of the Code of West Virginia, 1931, as amended, relating to the tree fruit industry self-improvement act of 1984.
Referred to the Committee on Agriculture.
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. 2869--A Bill to amend and reenact §3-8-5 and §3-8-7 of the Code of West Virginia, 1931, as amended, all relating to lengthening the time frame for the filing of final post-primary and post-general campaign financial statements.
Referred to the Committee on the Judiciary.
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. Com. Sub. for House Bill No. 2904--A Bill to amend and reenact §18B-17-2 and §18B-17-3 of the Code of West Virginia, 1931, as amended, all relating to authorizing rules for higher education; authorizing rules for the Higher Education Policy Commission and the West Virginia Council for Community and Technical College Education; and authorizing rules regarding Guidelines for Governing Boards in Employing and Evaluating Presidents, Employing and Evaluating Presidents, the Medical Student Loan Program, the West Virginia Higher Education Grant Program, the Research Trust Fund Program, Accountability System, Performance Indicators.
Referred to the Committee on Education.
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. 2913--A Bill to amend and reenact §18-10M-6 of the Code of West Virginia, 1931, as amended, relating to the Statewide Independent Living Council; clarifying appointment of council members by the Governor; deleting antiquated language and revising duties of the council.
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. House Bill No. 2950--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-6c, relating to the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods; creating the Neighborhood Housing and Economic Stabilization Program; authorizing the Economic Development Authority to contract with the Housing Development Fund to administer the program and distribute funding to program participants; establishing general guidelines and priorities for funding; establishing funding for the program; and legislative findings.
Referred to the Committee on Economic Development; and then to the Committee Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2969--A Bill to amend and reenact §29-3-9 of the Code of West Virginia, 1931, as amended, relating to requiring personnel engaged in hazardous substance emergency response activities to attend annual hazardous substance training.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 17--Requesting the bridge on Route 460 below the Mercer Mall at the intersection of Route 19 near Bluefield, Mercer County, West Virginia, specifically bridge number 28-19-5.40, be named "War Veterans of Mercer County Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 25--Requesting that the Division of Highways relocate, if permitted by state and federal law, the marker known as the Washington Lands Marker, along State Route 2, in lower Moundsville, West Virginia, currently located about two hundred feet south of the Moundsville Country Club, to an area within state right-of-way directly east and across State Route 2 from its current location.
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 15, Limiting certain parks and recreation entities' liability.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 31, Absolving landowner's liability for hunter's injuries.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 31 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §19-25-2 of the Code of West Virginia, 1931, as amended, relating to limiting a landowner from civil liability for injuries that may occur to a person or property on the landowner's property or surrounding property caused while hunting.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 31), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 142, Creating Small Tourism Business Development Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 142 (originating in the Committee on Economic Development)--A Bill to amend and reenact §5B-2E-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5B- 2E-7b and §5B-2E-7c, all relating generally to West Virginia Tourism Development Act; and adding a small scale tourism development component and an ancillary project component.
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,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 142), under the original double committee reference, was then referred to the Committee on Finance.
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. 151, Authorizing Department of Environmental Protection promulgate legislative rule relating to permits for construction, modification, relocation and operation of stationary sources of air pollutants.
Senate Bill No. 159, Authorizing Department of Environmental Protection promulgate legislative rule relating to assessment of civil administrative penalties.
Senate Bill No. 160, Authorizing Department of Environmental Protection promulgate legislative rule relating to hazardous waste management fee.
Senate Bill No. 161, Authorizing Department of Environmental Protection promulgate legislative rule relating to state water pollution control revolving fund.
And,
Senate Bill No. 164, Authorizing Department of Environmental Protection promulgate legislative rule relating to assessment of civil administrative penalties.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 162, Authorizing Department of Environmental Protection promulgate legislative rule relating to environmental laboratories' certification and standards of performance.
Senate Bill No. 163, Authorizing Department of Environmental Protection promulgate legislative rule relating to dam safety.
Senate Bill No. 195, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water systems.
Senate Bill No. 205, Authorizing Division of Labor promulgate legislative rule relating to Elevator Safety Act.
Senate Bill No. 218, Authorizing Regional Jail and Correctional Facility Authority promulgate legislative rule relating to criteria and procedures for determination of projected cost per day for incarcerated inmates.
And,
Senate Bill No. 233, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to schedule of fees.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
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. 167, Authorizing Ethics Commission promulgate legislative rule relating to filing of verified time records.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Finance pending.
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. 206, Authorizing Division of Labor promulgate legislative rule relating to weights and measures calibration fees.
With an amendment from the Committee on Labor pending;
And,
Senate Bill No. 364, Authorizing Division of Labor promulgate legislative rule relating to supervision of elevator mechanics and apprentices.
With an amendment from the Committee on Labor pending;
And reports the same back with the recommendation that they each do pass as amended by the Committee on Labor to which the bills were first referred; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Labor pending.
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. 215, Authorizing Division of Natural Resources promulgate legislative rule relating to lifetime hunting, trapping and fishing license and stamp fees.
With amendments from the Committee on Natural Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Natural Resources to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Natural Resources pending.
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. 226, Authorizing State Tax Department promulgate legislative rule relating to film industry investment tax credit.
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 the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Finance pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 279 (originating in the Committee on Energy, Industry and Mining), Relating to industrial accidents and emergency response regulations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 279 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §15-5B-3a, relating generally to industrial accidents and emergencies; providing definitions; requiring the reporting of certain industrial emergencies to the Mine and Industrial Accident Emergency Operations Center or local emergency telephone system operators; requiring industrial facilities to provide certain information to state and local emergency responders; granting state and local officials access to the person or persons charged with managing an industrial emergency and certain areas affected by the emergency; authorizing the Director of the Division of Homeland Security and Emergency Management to promulgate emergency legislative rules establishing a list of facilities subject to the requirements of this section and establishing procedures; providing for civil penalties; and authorizing the promulgation of legislative rules.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 310, Relating to farm supply vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 310 (originating in the Committee on Agriculture)--A Bill to amend and reenact §17A-3-2 of the Code of West Virginia, 1931, as amended, relating to clarification that the 25-mile limit also applies to the obtaining of farm supplies.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
The bill (Com. Sub. for S. B. No. 310), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 367, Authorizing Board of Pharmacy promulgate legislative rule relating to regulation of charitable clinic pharmacies.
With an amendment from the Committee on Health and Human Resources pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Health and Human Resources to which the bill was first referred; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 390, Continuing Highway Design-Build Pilot Program.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 470 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §20-15-1, §20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6 of the Code of West Virginia, 1931, as amended, all relating to regulating all-terrain vehicles and utility-terrain vehicles on the Hatfield-McCoy Trail; standardizing the definition of "all-terrain vehicle"; defining and regulating "utility-terrain vehicle"; defining and regulating "motorcycle"; and making stylistic and technical corrections.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 470), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 569, Relating to State Teachers Retirement System loan application deadline for service credit conversion.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions pending.
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. 581, Permitting certain minor blood donations with parental consent.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
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. 584, Providing one-time bonus to certain public employee and teacher annuitants.
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,
Dan Foster,
Chair.
The bill, 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 were introduced, read by their titles, and referred to the appropriate committees:
By Senators Kessler, Barnes, Jenkins and Plymale:
Senate Bill No. 609--A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to educational requirements for magistrates; and abolishing the distinction among magistrates regarding population served and performing their magistrate duties on a full-time basis.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Stollings and Plymale:
Senate Bill No. 610--A Bill to amend and reenact §11-13X-3, §11-13X-5, §11-13X-6, §11-13X-8, §11-13X-9 and §11-13X-13 of the Code of West Virginia, 1931, as amended, all relating generally to the West Virginia Film Industry Investment Act; clarifying definitions; stating the amount of credit allowed in specified percentages; clarifying contradictory requirements to claim credit; clarifying language relating to use of credit and transfer process; clarifying language to protect transferees; authorizing issuance of rules by the Secretary of Commerce for administration of the film credit; and making amendments retroactively applicable to taxable years beginning after December 31, 2007.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senator Oliverio:
Senate Bill No. 611--A Bill to amend and reenact §18B-2A-1 of the Code of West Virginia, 1931, as amended, relating to institutional boards of governors at institutions of higher education in West Virginia; adding two members to West Virginia University and Marshall University based upon their gender, race and ethnicity; and changing the composition of institutional boards of governors, membership and number of members.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Prezioso, Unger and Deem:
Senate Bill No. 612--A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating generally to criminal enforcement for willful failure to pay child support.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 613--A Bill to amend and reenact §22-21-6, §22-21-15, §22-21-16 and §22-21-17 of the Code of West Virginia, 1931, as amended, all relating to clarifying notice requirements; requiring the promulgation of rules associated therewith; making technical clarifications; and penalties.
Referred to the Committee on Energy, Industry and Mining.
By Senator Yost:
Senate Bill No. 614--A Bill to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code, all relating to redesignating the Division of Veterans' Affairs the Department of Veterans Assistance; and providing that the department be supervised by a secretary-level administrator.
Referred to the Committee on Military; and then to the Committee on Government Organization.
By Senators Yost and Unger:
Senate Bill No. 615--A Bill to amend and reenact §2-2-1 of the Code of West Virginia, 1931, as amended, relating to state holidays; designating December 7 of each year as "West Virginia Patriots of World War II Day"; and making it a state holiday.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators Yost and Unger:
Senate Bill No. 616--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-5-19a, relating to providing a fifty percent discount to members of the West Virginia National Guard and the West Virginia National Guard Reserves in campground rental fees in state parks.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Yost:
Senate Bill No. 617--A Bill to amend and reenact §20-2-42c of the Code of West Virginia, 1931, as amended, relating to allowing members of the West Virginia National Guard or its reserve to obtain free hunting and fishing licenses while serving in the West Virginia National Guard or its reserve; and license for life upon full retirement.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Plymale and Prezioso:
Senate Bill No. 618--A Bill to amend and reenact §18-9A-8a of the Code of West Virginia, 1931, as amended, relating to the foundation allowance for regional education service agencies; removing the budget cap; and basing allowance on the allowances for professional educators and professional student support personnel to be consistent with prior legislation moving professional student support personnel out of the foundation allowance for professional educators.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Yost, Prezioso, Unger and White:
Senate Bill No. 619--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to exempting all military, National Guard and reserve income from income taxes.
Referred to the Committee on Military; and then to the Committee on Finance.
By Senators McCabe, Palumbo, D. Facemire, Plymale, Jenkins and Stollings:
Senate Bill No. 620--A Bill to amend and reenact §8-38-3, §8-38-4, §8-38-5, §8-38-7, §8-38-10, §8-38-12, §8-38-15, §8-38-16, §8-38-17 and §8-38-20 of the Code of West Virginia, 1931, as amended, all relating to revising the Municipal Economic Opportunity Development District Act; correcting certain errors and inconsistencies contained therein; and enhancing the ability of the act to generate economic development in the state.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Unger, Green, K. Facemyer, Kessler, Oliverio, Bowman, Edgell, Guills and Plymale:
Senate Bill No. 621--A Bill to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to only allowing a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain.
Referred to the Committee on the Judiciary.
By Senators Yost, Kessler, White, Laird and Edgell:
Senate Bill No. 622--A Bill to amend the Code of West Virginia, 1931, as amended, be amended by adding thereto a new article, designated §29-6A-1, §29-6A-2, §29-6A-3, §29-6A-4, §29-6A-5, §29-6A-6, §29-6A-7, §29-6A-8, §29-6A-9, §29-6A-10, §29-6A-11, §29-6A-12, §29-6A-13, §29-6A-14, §29-6A-15, §29-6A-16, §29-6A-17, §29-6A-18, §29-6A-19, §29-6A-20, §29-6A-21, §29-6A-22, §29-6A-23, §29-6A-24, §29-6A-25 and §29-6A-26, all relating to promoting orderly and constructive employment relations between the state and its employees; increasing the efficiency of the state; ensuring the health and safety of the citizens of this state; requiring the state to recognize, negotiate and bargain with employee organizations representing state employees and to enter into written agreements evidencing the result of bargaining; and encouraging labor peace through the establishment of standards and procedures which protect the rights of the state, the state employee and the citizens of this state.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator White:
Senate Bill No. 623--A Bill to amend and reenact §23-4-6 of the Code of West Virginia, 1931, as amended, relating to workers' compensation benefits; and extending permanent total disability benefits to claimants for life.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator White:
Senate Bill No. 624--A Bill to amend and reenact §11-1A-11 of the Code of West Virginia, 1931, as amended, relating to exempting owners, with the exception of corporations or partnerships, of one hundred acres or less of contiguously connected real property from increased valuation and assessment as natural resources property on reserve coal properties; defining "small property owner"; extending the exemption for an owner or owners of two or more tracts of contiguously connected real property of one hundred acres or less; requiring an affidavit that coal will not be mined or transferred; and providing for increased assessment and payment of interest if coal is later mined.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Yost and Unger offered the following resolution:
Senate Concurrent Resolution No. 30--Requesting the Joint Committee on Government and Finance study the possibility of the state providing veterans whose income is at or below the national poverty level a supplemental insurance card for the purpose of paying the copayments for medical prescriptions through any insurance plan, including the Veterans Administration.
Whereas, In the case of the Veterans Administration prescription program, the money paid by a veteran as a copayment for a prescription is actually a double taxation, in that in most cases the income to pay for the prescription copayment comes from the tax dollars paid as either a retirement benefit or a disability benefit and the copayment that is collected is paid back to a governmental agency. Thus, the government is giving from the left pocket and collecting into the right pocket; and
Whereas, The same thing is true of the many veterans working for the State of West Virginia. State employees upon retirement or disability also have a copayment for prescriptions, either through the retiree health plan or through the Medicare prescription plans; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the possibility of the state providing veterans whose income is at or below the national poverty level a supplemental insurance card for the purpose of paying the copayments for medical prescriptions through any insurance plan, including the Veterans Administration; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Stollings, McCabe, Unger, Green and Plymale offered the following resolution:
Senate Concurrent Resolution No. 31--Requesting the Joint Committee on Government and Finance study the best possible uses of areas mined using the mountaintop removal method of mining.
Whereas, There have been many acres of land throughout West Virginia mined using the mountaintop removal method of mining; and
Whereas, Careful thought should be given to the best possible use of these areas, including the type of buildings that can be built on these areas and the type of vegetation that can be grown on these areas that will have the biggest economic impact; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the best possible uses of areas mined using the mountaintop removal method of mining; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Sypolt, Prezioso, McCabe, Unger, Stollings and Plymale offered the following resolution:
Senate Resolution No. 31--Designating the week of March 15-21, 2009, as "West Virginia Professional Land Surveyors Week".
Whereas, There are over 1,200 professional surveyors in the State of West Virginia; and
Whereas, The nature of surveying has changed dramatically since the founding of our state and is no longer limited to the description and location of land boundaries; and
Whereas, Various types of land surveys, through the use of sophisticated equipment and techniques, are important to the use of our bodies of water, the development of engineering and construction projects, activities such as aircraft navigation and disaster response, mapping and charting our political and property boundaries, as well as commercial activities involving our natural resources; and
Whereas, The role of the surveyor has been, and remains, of vital importance in the commerce and development of the State of West Virginia; and
Whereas, Since the colonial days of this nation, surveyors have been leaders in the community, statesmen, influential citizens and shapers of cultural standards; and
Whereas, Former surveyors include George Washington, Thomas Jefferson and Abraham Lincoln; and
Whereas, It was the work of the surveyor that determined the boundaries of land that, during the Civil War, became the State of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the week of March 15-21, 2009, as "West Virginia Professional Land Surveyors Week"; and, be it
Further Resolved, That the Senate hereby honors the work of professional land surveyors; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the West Virginia Society of Professional Surveyors.
At the request of Senator Sypolt, 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 resumed business under the sixth order.
Senators Williams, Sypolt, Prezioso, Minard, Stollings and Plymale offered the following resolution:
Senate Resolution No. 32--Congratulating the Grafton High School Bearcats football team for winning the 2008 West Virginia AA championship.
Whereas, The Grafton High School Bearcats football team had a dominant year, finishing with a record of 13 wins and only one loss and the team won the 2008 West Virginia AA championship; and
Whereas, The Grafton High School Bearcats football team displayed its strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia high school football history; and
Whereas, The Grafton High School Bearcats football team broke or tied eight records in the state championship game, had four First Team All-State Players, two Second Team All-State Players and 14 All-Conference Players; and
Whereas, The Grafton High School Bearcats football team is a shining example of what can be accomplished through teamwork, dedication and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Grafton High School Bearcats football team for winning the 2008 West Virginia AA championship; and, be it
Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it
Further Resolved, That the Clerk is hereby directed to forward of copy of this resolution to the Grafton High School Bearcats football team.
At the request of Senator Williams, 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 proceeded to the seventh order of business.
Senate Concurrent Resolution No. 27, Requesting Joint Committee on Government and Finance study Department of Environmental Protection staff pay rates.
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. 28, Requesting Joint Committee on Government and Finance study certain mining industry job pay rates.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on the Judiciary; and then to the Committee on Rules.
Senate Concurrent Resolution No. 29, Requesting funding for MARC commuter train service.
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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 276, Imposing statute of limitations on certain real property civil actions.
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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
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. 276) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 418, Relating to municipalities' fee requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for Senate Bill No. 418 pass?"
On the passage of the bill, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills, Plymale and White--5.
Absent: None.
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. 418) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr. President)--29.
The nays were: Barnes, Caruth, Guills, Plymale and White--5.
Absent: None.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 418) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 466, Clarifying Division of Personnel's functions.
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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 466) 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. 487, Relating to Division of Personnel Director's qualifications.
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: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 487) 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 ninth order of business.
Com. Sub. for Senate Bill No. 280, Creating Correctional Industries Act of 2009.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 302, Expanding municipal parking authority officers' ticketing powers.
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. 321, Modifying certificate of need process.
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. 384, Authorizing Department of Transportation take control of certain highway emergencies.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 497, Relating to WV Partnership to Promote Community Well-Being.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Hall, Sypolt and Barnes.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Plymale, unanimous consent being granted, it was ordered that the Journal show had Senator Plymale been present in the chamber on Friday, March 13, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 238, Engrossed Committee Substitute for Senate Bill No. 318 and Engrossed Committee Substitute for Senate Bill No. 375; and on yesterday, Monday, March 16, 2009, he would have voted "yea" on the passage of Engrossed Senate Bill No. 344 and Engrossed Senate Bill No. 445.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Wednesday, March 18, 2009, at 11 a.m.
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