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Senate Journal


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sdj-36th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

THIRTY-SIXTH DAY

____________

Charleston, W. Va., Wednesday, March 18, 2009

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

Prayer was offered by Pastor Chuck Lawrence, Christ Temple Church, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, March 17, 2009,
On motion of Senator Palumbo, 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 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. 2225--A Bill to amend and reenact article 4, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Education and the Arts and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the Department of Education and the Arts; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule- making Review Committee; and authorizing the Division of Rehabilitation Services to promulgate a legislative rule relating to low vision driver training program.
Referred 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. 2335--A Bill to amend and reenact §18B-10-7 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating to higher education tuition and fee waivers; tuition and fee waivers for certain military personnel; the federal "Yellow Ribbon G. I. Education Enhancement Program"; requiring state institutions of higher education to participate in the program; requiring state institutions of higher education to enter into agreements with the United States Secretary of Veterans Affairs to provide matching contributions toward the cost of tuition and mandatory fees not otherwise covered under the Post- 9/11 Veterans Educational Assistance Act of 2008; and clarifying residency requirement for certain tuition and fee waivers.
Referred to the Committee on Education; and then to the Committee on Finance.
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. 2691--A Bill to repeal §5-1D-11 of the Code of West Virginia, 1931, as amended; to repeal §5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal §5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said code; to repeal §5A-3C-16 of said code; to repeal §5A-8-15a of said code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 of said code; to repeal §7-4-6a of said code; to repeal §9A-1-2a of said code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said code; to repeal §16-4C-5a of said code; to repeal §16-5P-15 of said code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of said code; to repeal §19-23-30 of said code; to repeal §20-1-18d and §20-1-21 of said code; to repeal §20-2-23f of said code; to repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of said code; to repeal §23-5-17 and §23-5-18 of said code; to repeal §24-1-10 of said code; to repeal §25-1-2 of said code; to repeal §25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal §30-6-32 of said code; to repeal §30-7-17 of said code; to repeal §30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal §30-12-15 of said code; to repeal §30-13A-37 of said code; to repeal §30-14-16 of said code; to repeal §30-20-15 of said code; to repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to repeal §30-23-30 of said code; to repeal §30-30-14 of said code; to repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to repeal §30-40-28 of said code; to repeal §31-16-5 of said code; to repeal §31A-3-5 of said code; to repeal §33-48-11 of said code; to repeal §48-18-134 of said code; to repeal §48-26-1102 of said code; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §9-4-3 of said code; to amend and reenact §16-1-16 of said code; to amend and reenact §17-16A-3 of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22-25-13 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; to amend and reenact §30-30-3 of said code; and to amend and reenact §47A-1-1 of said code, all relating to removing nonutilized code sections.
Referred 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. House Bill No. 3047--A Bill to amend and reenact §5-16-16 of the Code of West Virginia, 1931, as amended, relating to the ability of Public Employees Insurance Agency to enter into capitated provider arrangements for the provision of primary health care services.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 18th day of March, 2009, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 403), Making supplemental appropriation from State Road Fund to Department of Transportation.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 12, Allowing 2-year motorcycle registration period.
Senate Bill No. 335, Authorizing Division of Culture and History distribute fairs and festivals' funding.
And,
Senate Bill No. 594, Requiring monthly fund installments to Courtesy Patrol.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 75, Establishing alcohol use by minors as juvenile delinquent offense.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 75 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §11-16-19 of the Code of West Virginia, 1931, as amended; to amend and reenact §49-1-4 of said code; and to amend and reenact §60-3A-24 of said code, all relating to changing the use of alcoholic beverages by minors from a status offense to an act of juvenile delinquency.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 131, Prohibiting handheld cellular phone use while driving.
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 R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 256, Providing additional requirements for certain property annexation.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 261, Mandating party executive committees submit certain nominees 70 days before election.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 261 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §3-1-30 of the Code of West Virginia, 1931, as amended, relating to requiring party executive committees to submit their list of nominees to serve as election officials no later than the seventieth day before the election.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 282, Relating to retail liquor licenses' classification.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 282 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §60-3A-2, §60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60- 3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §60-3A-10d, all relating to classifying retail licenses for the sale of liquor; setting forth legislative findings; defining certain terms; authorizing the Alcohol Beverage Control Commissioner to issue retail licenses for the sale of liquor; establishing certain standards for the issuance of licenses within market zones; limiting the issuance of retail licenses to operate mixed retail liquor outlets; authorizing the commissioner to adopt certain standards for retail outlets; increasing the maximum percentage of retail licenses a person may own; providing a purchase option for active retail licensees seeking to operate a freestanding liquor retail outlet; providing for financing for the purchase of a retail license for a freestanding liquor retail outlet; and authorizing emergency rules.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 282), under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 425, Disclosing certain refinanced loan's higher annual percentage rate.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 473, Clarifying civil service job posting provisions.
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,
Michael A. Oliverio II,
Chair.
At the request of Senator Oliverio, unanimous consent being granted, the bill (S. B. No. 473) contained in the preceding report from the Committee on Labor was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 476, Relating to "financial institution" definition.
And,
Senate Bill No. 503, Defining "sound financial condition".
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 494, Authorizing Insurance Commissioner order restitution in certain cases.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Banking and Insurance 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. 521, Including telecommunications devices as jail contraband.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 532, Creating WV SAFE Mortgage Licensing Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 532 (originating in the Committee on Banking and Insurance)--A Bill
to amend and reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7, §31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4, §31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10, §31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15, §31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and to amend and reenact §46A-4-102 of said code, all relating to the Division of Banking's participation in the Nationwide Mortgage Licensing System and Registry; complying with the SAFE Act; amending and creating definitions; exempting federally insured depository institutions from broker licensing; allowing the Division of Banking to participate in the Nationwide Mortgage Licensing System and Registry; permitting the Nationwide Mortgage Licensing System and Registry to process background and credit checks on behalf of the Commissioner of Banking; creating a tiered bond structure for licensed lenders and brokers; reducing the license processing time for lenders and brokers; requiring a new application for certain changes in control of mortgage licensees; clarifying the fee for licensee office relocation; synchronizing the mortgage annual report requirement with the Nationwide Mortgage Licensing System and Registry; outlining the purpose of the West Virginia SAFE Mortgage Licensing Act; defining terms associated with the SAFE Mortgage Licensing Act; requiring licensing and registration of mortgage loan originators; creating an application procedure for mortgage loan originators with minimum standards; requiring prelicensure education of mortgage loan originators; implementing a prelicensure testing requirement for mortgage loan originators; explaining standards for mortgage loan originator license renewal; clarifying annual continuing education requirements for mortgage loan originators; granting the commissioner authority to require mortgage loan originator licensing through the Nationwide Mortgage Licensing System and Registry; requiring the commissioner to create a challenge process for the Nationwide Mortgage Licensing System and Registry; creating enforcement authority for mortgage loan originators; defining violations and penalties of the SAFE Mortgage Licensing Act; requiring a surety bond to cover licensed mortgage loan originators that is tied to the amount of mortgage originations by each lender, broker or regulated consumer lender licensee; creating confidentiality provisions; granting investigation and examination authority to the Commissioner of Banking for violations of the SAFE Mortgage Licensing Act; outlining prohibited acts and practices for mortgage loan originators; requiring the Commissioner of Banking to report to the Nationwide Mortgage Licensing System and Registry; clarifying the use of unique identifiers; creating a severability section; defining effective dates; requiring the licensure of mortgage loan originators employed by licensed regulated consumer lenders; and implementing a bond requirement for regulated consumer lenders that originate mortgage loans.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 532), under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 536, Relating to reorganization and consolidation of community and technical colleges.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 536 (originating in the Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6, §18B-3F-7, §18B-3F-8, §18B-3F-9 and §18B-3F-10, all relating to reorganization and consolidation of community and technical colleges; setting forth the powers and duties of the West Virginia Council for Community and Technical College Education ; providing definitions; legislative findings; requiring development of a strategic reorganization plan; establishing an administrative planning committee; committee membership, terms of offices, powers and duties; providing for appointment of an institutional president and other officers; providing for transfer of assets and liabilities, operating budgets, orders, policies and procedures; setting forth employee rights and benefits; and requiring notification of employment status by certain date under certain circumstances.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 536), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 554, Requiring sex offender registry fee.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 554 (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 §15-12-2c, relating to requiring sex offenders to pay a fee which is to be deposited into the State Police Retirement Fund; and providing penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 554), 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. 601, Eliminating driver surveillance signs.
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.
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 Yost, Chafin, Fanning, Snyder, Bowman and Sypolt:
Senate Bill No. 625--A Bill to amend and reenact §17A-10-3b of the Code of West Virginia, 1931, as amended; to amend and reenact §17C-15-44 of said code; and to amend said code by adding thereto a new section, designated §17C-15-44a, all relating to motorcycle safety and equipment; increasing the motorcycle safety fee; providing a motorcycle helmet exemption for motorcyclists meeting certain requirements; helmet exemption sticker and fees; penalties; and rules.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Minard (By Request) and Kessler:
Senate Bill No. 626--A Bill to amend and reenact §33-6-31 of the Code of West Virginia, 1931, as amended, relating to eliminating the doctrine of constructive exhaustion relative to an insured's right to recover underinsured benefits from the insured's insurance carrier.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Laird and White:
Senate Bill No. 627--A Bill to amend and reenact §17B-2-3 of the Code of West Virginia, 1931, as amended, relating to allowing a person who has been diagnosed with a seizure disorder to operate a motor vehicle on the highways upon proper determination by a licensed physician that said person is qualified to be licensed to drive as prescribed pursuant to section thirteen, article three, chapter seventeen-b of said code.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Laird, Foster, Stollings and Kessler:
Senate Bill No. 628--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-5A-1, §30-5A-2, §30-5A-3 and §30-5A-4, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team to examine and provide preventative education in cases that involve unintentional pharmaceutical drug overdose deaths.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Prezioso, Edgell, Deem, Minard and Unger:
Senate Bill No. 629--A Bill to amend and reenact §61-2-10b of the Code of West Virginia, 1931, as amended, relating to crimes against certain protected persons; expanding applicability of increased criminal penalties for battery, malicious assault and unlawful assault against a government employee or contract worker; and expanding existing protections for health care workers to include contract workers.
Referred to the Committee on the Judiciary.
By Senators Kessler, Caruth, Stollings, Palumbo, Plymale, Green and White:
Senate Bill No. 630--A Bill to amend and reenact §61-3-12 and §61-3-29 of the Code of West Virginia, 1931, as amended, all relating to establishing a criminal penalty for entry upon any property owned or leased by a public utility or a company engaged in the production or transmission of natural gas; and increasing from a misdemeanor to a felony the penalty for damage or destruction of real or personal property used for producing, generating, transmitting, distributing, treating or collecting electricity, natural gas, water, wastewater, stormwater, telecommunications and cable service.
Referred to the Committee on the Judiciary.
By Senators Minard and Plymale:
Senate Bill No. 631--A Bill to amend and reenact §33-6A-1 of the Code of West Virginia, 1931, as amended, relating to the cancellation of an insurance policy for failure of consideration to be paid by the insured upon initial issuance of the insurance policy.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 632--A Bill to amend and reenact §9-5-11b of the Code of West Virginia, 1931, as amended, relating to requiring insurers to share information with the Bureau for Medical Services with regard to services provided to an individual during a period of coverage with another insurer.
Referred to the Committee on Banking and Insurance.
By Senator D. Facemire:
Senate Bill No. 633--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §48-31-101, §48-31-102, §48-31-103, §48-31-104, §48-31- 105, §48-31-106, §48-31-107, §48-31-108, §48-31-109 and §48-31-110, all relating to the enactment of the Uniform Premarital Agreement Act.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt and Jenkins:
Senate Bill No. 634--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-26, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Plymale and Foster:
Senate Bill No. 635--A Bill to repeal §18-2E-5c of the Code of West Virginia, 1931, as amended; to amend and reenact §18-1-4 of said code; and to amend and reenact §18-2E-5 of said code, all relating to education generally; Vision 20/20: An Education Blueprint for 2020; findings; definitions; requiring the State Board of Education incorporate Vision 20/20 in a rule; policy- oriented objectives; performance-oriented objectives; and the Process for Improving Education Council.
Referred to the Committee on Education; and then to the Committee on Government Organization.
By Senators Fanning, Edgell, White, Sypolt and Oliverio:
Senate Bill No. 636--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 32--
Requesting the Division of Highways name bridge number 03-119-16.72 on U. S. Route 119 in Boone County the "Brian Scott 'Scotty' Ulbrich Memorial Bridge".
Whereas, Brian Scott "Scotty" Ulbrich was born in West Virginia and attended Lory Julian Elementary School at Julian, West Virginia, where he completed elementary education with an "A" average; and
Whereas, Brian Scott "Scotty" Ulbrich also became a cub scout earning many medals, the most prestigious of these was his God and Me and God and Country award, and further became a boy scout; and
Whereas, Brian Scott "Scotty" Ulbrich then entered Madison Middle School where he maintained an "A/B" grade point average; and
Whereas, During this time, Brian Scott "Scotty" Ulbrich also became interested in rock climbing and took lessons here in West Virginia as well as in California and became a very accomplished climber; and
Whereas, Brian Scott "Scotty" Ulbrich attended Scott High School where he played tennis and football, ran track, became a member of the National Honor Society and won many first place medals in the science and social studies fairs; and
Whereas, Brian Scott "Scotty" Ulbrich was an avid cyclist and started riding dirt bikes at age six and was in many hill climbs. He went on to race and eventually started riding street bikes; and
Whereas, Brian Scott "Scotty" Ulbrich was a first-degree black belt in tae kwon do karate and was a certified karate instructor, a member of the West Virginia karate team, a local, state and national champion and also held the rank in judo, aikido and iaido; and
Whereas, Brian Scott "Scotty" Ulbrich then attended Marshall University, majoring in criminal justice. He became a member of the cheering squad his freshman year known as the "Marshall Maniacs" and would participate in various pregame and halftime shows that involved dressing up as the opposing team's mascot to get wiped out by another who was dressed in the Marshall green and white; and
Whereas, Brian Scott "Scotty" Ulbrich felt he needed to defend our great state and nation and, therefore, enlisted in the United States Army in 2004, when he was only one semester shy of earning his undergraduate degree at Marshall University (his B. A. degree was granted posthumously on Veteran's Day, 2005); and
Whereas, Brian Scott "Scotty" Ulbrich became a cavalry scout after completing basic training at Fort Knox, Kentucky; and
Whereas, Brian Scott "Scotty" Ulbrich was stationed at Fort Carson, Colorado, as a member of the first platoon of Lightning Troop, Third Squadron, Third Armored Cavalry Regiment and also decorated as an expert in marksmanship, bayonette and grenades; and
Whereas, Brian Scott "Scotty" Ulbrich's unit was shipped off to Iraq in March, 2005; and
Whereas, Brian Scott "Scotty" Ulbrich performed many acts of heroism and bravery under fire to save his fellow men and women in uniform in Iraq, which included embarking on many missions that were of a covert nature; and
Whereas, Brian Scott "Scotty" Ulbrich was the recipient of the Bronze Star, the Purple Heart, the Good Conduct Medal and the Army Commendation Medal; and
Whereas, United States Army Brigadier General P. K. Keen asserted Brian Scott "Scotty" Ulbrich's attention to detail and desire to excel were known throughout the Third Armored Cavalry Regiment and Scotty's unwavering dedication, selfless service, professionalism and outstanding performance of duty left an indelible impression on his fellow soldiers and reflected a great credit upon him, the Third Armored Cavalry Regiment and the United States Army; and
Whereas, While faithfully executing his duties to his community, state and nation, Specialist Brian Scott "Scotty" Ulbrich was killed in action on June 5, 2005, in the farmlands south of Baghdad by four improvised explosive devices while he was out of his vehicle securing a portion of a roadway so other United States troops could make it through safely; and
Whereas, Having honorably served in the United States Army and given the ultimate sacrifice for his country, his state and fellow man, we are compelled to ensure that future generations are aware of Specialist Brian Scott "Scotty" Ulbrich's commitment to the cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 03-119-16.72 on U. S. Route 119 in Boone County the "Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested to have made and be placed signs identifying the bridge as the "Brian Scott 'Scotty' Ulbrich 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 family of Brian Scott "Scotty" Ulbrich and the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Fanning, Oliverio, Minard, Unger, Laird, White, Plymale, Green, Kessler and Jenkins offered the following resolution:
Senate Resolution No. 33--Designating March 18, 2009, as "Crime Victims Day" at the Legislature.
Whereas, The West Virginia Crime Victims Compensation Fund is celebrating "Crime Victims Day" at the Legislature by providing all of the crime victim agencies and individuals who serve victims of crime an opportunity to educate the members of the Legislature and the public about the many services available to assist victims of crime and their families throughout our state; and
Whereas, The many agencies and individuals serving victims of crime and their families in West Virginia strive to foster the healing of victims and their families through treatment for their many needs, including, but not limited to, advocacy for and on behalf of victims and their families, medical treatment and mental health counseling, compensation and restitution; and
Whereas, The many organizations and individuals who provide assistance to victims of crime and their families make enormous contributions to those who have been affected by crime in our state; and
Whereas, West Virginia is proud of the accomplishments and achievements of the many organizations and individuals who serve the needs of victims of crime and appreciate their many contributions to our communities; and
Whereas, There are also many victims or family members present on this special day to foster understanding by the public of the effects of victimization; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 18, 2009, as "Crime Victims Day" at the Legislature; and, be it
Further Resolved, That the Senate expresses its appreciation to the many organizations which serve victims of crime and their families throughout our state and for the dedication of those individuals who serve these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the West Virginia Crime Victims Compensation Fund.
At the request of Senator Fanning, 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.
Petitions

Senators Guills and Tomblin (Mr. President) presented a petition from the Greenbrier County Commission and numerous Greenbrier County residents, supporting Committee Substitute for Senate Bill No. 256 (Providing additional requirements for certain property annexation).
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting Joint Committee on Government and Finance study veterans' supplemental insurance card.
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. 31, Requesting Joint Committee on Government and Finance study mountaintop removal site uses.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 280, Creating Correctional Industries Act of 2009.
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, 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)--33.
The nays were: None.
Absent: Browning--1.
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. 280) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman, 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)--33.
The nays were: None.
Absent: Browning--1.
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. 280) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 302, Expanding municipal parking authority officers' ticketing powers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Senate Bill No. 302 pass?"
On the passage of the bill, the yeas were: Boley, Bowman, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, 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)--30.
The nays were: Barnes, Chafin and Fanning--3.
Absent: Browning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 302) 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. 321, Modifying certificate of need process.
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, 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)--33.
The nays were: None.
Absent: Browning--1.

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. 321) 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. 384, Authorizing Department of Transportation take control of certain highway emergencies.
On second reading, coming up in regular order, was read a second time.
At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for amendments to be considered on that reading.
Senate Bill No. 497, Relating to WV Partnership to Promote Community Well-Being.
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 Com. Sub. for Senate Bill No. 279,
Relating to industrial accidents and emergency response regulations.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 581, Permitting certain minor blood donations with parental consent.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
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 Snyder and Kessler.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Browning, unanimous consent being granted, it was ordered that the Journal show had Senator Browning been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 280, Engrossed Senate Bill No. 302 and Engrossed Committee Substitute for Senate Bill No. 321.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 19, 2009, at 11 a.m.
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