sdj-38th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTY-EIGHTH DAY
____________
Charleston, W. Va., Friday, March 20, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Stan Maynard, The Church in the
Valley, Milton, West Virginia.
Pending the reading of the Journal of Thursday, March 19,
2009,
On motion of Senator Sypolt, 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.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Anthony Sturm to address the Senate on behalf of
the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and
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. 2401--A Bill to amend and reenact §11-21-3 of the Code of West Virginia, 1931, as amended,
relating to the expiration of the alternative minimum tax; and
providing for the expiration of the alternative minimum tax for tax
years beginning on and after January 1, 2010.
Referred 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.House Bill No. 2920--A Bill to repeal §61-11-20 of the
Code of West Virginia, 1931, as amended, relating to crimes and
their punishment; and eliminating the felony conviction for a
second or subsequent conviction of petit larceny.
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. 2952--A Bill to amend and reenact §61-6-24
of the Code of West Virginia, 1931, as amended, relating to
clarifying that a terroristic threat is a felony regardless of
intent to actually commit the threatened act.
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. 2965--A Bill to amend and
reenact §3-5-7 of the Code of West Virginia, 1931, as amended, relating to requiring candidates for the House of Delegates and the
Senate to file their announcement of candidacies with the Secretary
of State.
Referred to the Committee on the Judiciary.
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. 24--Declaring that the month
of May be proclaimed as Lyme Disease Awareness Month beginning in
2009.
Referred to the Committee on Health and Human Resources.
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. 40--Celebrating the life and
lamenting the death of Cecil H. Underwood, the youngest and oldest
Governor of the State of West Virginia, former member and Minority
Leader of the House of Delegates from the County of Tyler, longtime
community leader, loving father and grandfather, devoted public
servant, and a great asset to his State and country.
Referred to the Committee on Rules.
Executive Communications
The following communication from His Excellency, the Governor,
was reported by the Clerk:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
March 19, 2009
Senate Executive Message No. 5
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear President Tomblin:
The following amends and replaces the "FY 2010 Official
Estimate" "General Revenue Fund - Statement of Revenues by Source"
which I submitted to you on February 11, 2009, as part of my
Executive Budget Document for the fiscal year ending June 30, 2010:
General Revenue Fund
Statement of Revenues by Source
(Expressed in Thousands)
FY 2010
Official
Source of RevenueEstimate
Business and Occupation Tax
$136,500
Consumers Sales Tax1,144,000
1
Personal Income Tax1,522,000
2
Liquor Profit Transfers16,000
Racing Fees1,000
Beer Tax and Licenses8,650
Cigarette Tax108,500
Business Franchise Fees1,800
Property Transfer Tax10,300
Property Tax5,800
Insurance Tax108,000
Departmental Collections14,100
Corporate Income/Business Franchise Tax230,800
3
Miscellaneous Transfers700
Interest Income25,000
Severance Tax288,500
4
Miscellaneous Receipts5,150
5
Smokeless Tobacco Tax6,000
HB102 - Lottery Transfers127,900
Liquor License Renewal
17,300
Senior Citizen Tax Credit Reimbursement
10,000
Total
$ 3,788,0006
1 Revised from$1,155,000to$1,144,000-Decrease of$11,000.
2 Revised from1,560,000to1,522,000-Decrease of38,000.
3 Revised from 243,300 to 230,800- Decrease of12,500.
4 Revised from 415,000 to 288,500- Decrease of126,500.
5 Revised from 1,250 to 5,150- Increase of3,900.
6 Revised from3,972,100 to 3,788,000- Decrease of184,100.
The Consumers Sales and Use Tax collection estimate is revised
downward by $11 million due to both lower than anticipated baseline
collections in FY 2009 and a revised forecast of slower economic
growth in 2009 and 2010. The Personal Income Tax collection
estimate is revised downward by $38 million due to higher than
anticipated employment losses in 2009 and reduced expectations for
economic growth. The forecast of employment loss has widened from 1.1% to 2% in 2009. The Corporation Net Income Tax collection
estimate is revised downward by $12.5 million due to reduced
expectations for economic growth and business profits in 2009. The
Severance Tax collection estimate is revised downward by $126.5
million due to a forecast of significantly lower energy prices and
some additional reduction in output in 2009 and 2010. The global
recession is leading to lower demand for energy products. The
Miscellaneous Receipts collection estimate is revised upward by
$3.9 million to capture a settlement payment reimbursement
associated with the Energy Sales Tax Holiday in 2009.
The following amends and replaces the "Excess Lottery Fund -
Statement of Revenues, Expenditures and Changes in Cash Balance"
which I submitted to you on February 11, 2009, as part of my
Executive Budget Document for the fiscal year ending June 30, 2010:
EXCESS LOTTERY FUND
Statement of Revenues, Expenditures and Changes in Cash Balance
(Nearest Dollar)
Balance at July 1, 2008$ 123,022,202
Less: Reserve for Cash Flow/Contingencies
(2,900,000)
Unappropriated Surplus Balance at July 1, 2008$ 120,122,202
Less:
Recommended Supplemental Appropriations
(2009 Regular Session):
Administration - Enterprise Resource
Planning (ERP) (7,530,873)
Commerce-Development Office-
Economic Development Assistance/
Job Attraction/Retention (4,200,000)
Revenue-Rainy Day Fund (108,000,000)
Estimated Unappropriated Surplus Balance
from FY 2008 at June 30, 2009$ 391,329
Plus:
Revised Revenue Estimate FY 2009$ 360,700,000
Less:
Catastrophic Event (30,000,000)
Revenue Available for FY 2009 Appropriations
$ 330,700,000
Less:
Regular Appropriations FY 2009 (330,700,000)
Estimated Unappropriated Balance
from FY 2009 at June 30, 2009
$ -0-
Plus:
Revised Revenue Estimate FY 2010 342,118,000
Less:
Catastrophic Event (29,179,157)
Less:
Additional Reserve for Cash Flow (820,843)
Revised Revenue Available for FY 2010 Appropriations$ 312,118,000
Less:
Regular Appropriations FY 2010 (312,118,000)
Estimated Unappropriated Balance
from FY 2010 at June 30, 2010
$ -0-
Estimated Unappropriated Balance at June 30, 2010$ 391,329
After extensive review with the four state racetracks in early
March, and in light of the recent economic indicators, the West
Virginia Lottery has reduced the FY 2010 revenue estimate for the
Excess Lottery Fund by $13.7 million. This revision will better
align us with the forecasts of the racetracks themselves who are
experiencing a downturn due to the economy and are projecting
additional lost revenue due to increased competition in
Pennsylvania.
Thank you for your cooperation in this matter.
Sincerely,
Joe Manchin III,
Governor.
In compliance with Article VI, Section 51 of the Constitution,
the Senate consented to receive the foregoing amendments to the
Budget Bill, which were referred to the Committee on Finance.
The Senate proceeded to the fourth order of business.
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. 57, Relating to certain school coaches'
requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 57 (originating in the Committee
on Education)--A Bill
to amend and reenact §18-7A-38 of the Code of
West Virginia, 1931, as amended; to amend and reenact §18A-3-1 of said code; and to amend and reenact §18A-3-2a of said code, all
relating to education generally; excluding certain coaching
employment from the calculation on the limit on the number of days
a Teachers Retirement System retiree may be employed; eliminating
United States citizenship as a condition of certification;
certificates and permits to coach in public schools; removing
certain limitation on such service under certain conditions; making
technical corrections; and deleting obsolete language.
Senate Bill No. 123, Providing loan forgiveness program for
nurses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 123 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§18C-3-1a, relating to creating the Nursing Education Forgivable
Loan Program; establishing eligibility requirements for loans;
establishing loan forgiveness requirements; creating the Nursing
Education Forgivable Loan Fund as a special revolving loan fund in
the State Treasury; specifying fund sources and fund
administration; and establishing program reporting requirements.
Senate Bill No. 304, Relating to Nurse Faculty Loan Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 304 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated
§18C-3-4, relating to providing state support for students and
higher education institutions participating in the federal Nursing
Faculty Loan program; creating the Graduate Nurse Faculty Loan Fund
as a special revolving loan fund in the State Treasury; and
establishing program reporting requirements.
And,
Senate Bill No. 638, Relating to higher education capital
facilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 638 (originating in the
Committee on Education)--A Bill
to repeal §18-23-1, §18-23-2, §18-
23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23-
18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a, §18B-14-6 and §18B-14-7 of
said code; to amend and reenact §5-6-4a of said code; to amend and
reenact §18B-1B-4 of said code; to amend and reenact §18B-2A-4 of
said code; to amend and reenact §18B-2B-6 of said code; to amend
and reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; to amend
said code by adding thereto a new article, designated §18B-19-1,
§18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7,
§18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-
13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18; and to amend and reenact §29-22-18 of said code, all relating to
higher education capital facilities; capital project planning,
financing, management and maintenance; acquisition, sale, transfer,
exchange, lease, conveyance and condemnation of real property;
construction and operation of capital facilities; collection and
use of certain capital fees; establishing in the State Treasury a
special revenue fund known as the Higher Education Policy
Commission Capital Improvement Fund; directing the use of certain
lottery proceeds; establishing in the State Treasury a capital
maintenance fund for each state institution of higher education;
legislative intent; defining terms; systemwide facilities planning;
and institution facilities planning.
With the recommendation that the four committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
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 Committee Substitute for Senate Bill
No. 57 contained in the foregoing report from the Committee on
Education.
The bills (Com. Sub. for S. B. Nos. 123, 304 and 638), under
the original double committee references, were 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
Com. Sub. for Senate Bill No. 249 (originating in the
Committee on Education), Relating to annual school calendar.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 249 (originating
in the Committee on Finance)--A Bill to amend and reenact §18-5-45
of the Code of West Virginia, 1931, as amended; to amend and
reenact §18-5A-5 of said code; and to amend and reenact §18A-4-8 of
said code, all relating to the annual school calendar; eliminating
instructional support and enhancement days; eliminating the
earliest starting date and the latest ending date for the
instructional term; requiring the first half of the instructional
term to end on or before December 23; requiring at least three of
certain noninstructional days be scheduled prior to the beginning
of the instructional term; clarifying that the seven holidays
included as noninstructional days are days that must occur during
the employment term; requiring all six out-of-school environment
days be scheduled after February 1; changing the earliest dates a
county can use noninstructional days and accrued instructional time
to make up canceled instructional days; requiring uniform method of
cancellation notification; providing that certain cancelled
instructional days be considered a nonpaid, out-of-calendar day and
requiring those days to be rescheduled; providing for faculty senate meetings during specified months; and allowing the 43-week
limit to be extended under certain conditions.
With the recommendation that the committee substitute for
committee substitute 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. 293, Creating felony offense of unauthorized
practice of certain health care professions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 293 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §30-3-13
of the Code of West Virginia, 1931, as amended, relating to
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant; criminal penalties; reducing the amount of
fine for a person practicing on an expired, lapsed or terminated
license for less than ninety days; specifying as a felony the
unauthorized practice of medicine and surgery or podiatry or as a
physician assistant in all other instances; and providing for
enhanced criminal penalties where serious bodily injury results
from such unauthorized practice.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 328, Creating WV Transportation Infrastructure
Bank.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 328 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§31-15D-1, §31-15D-2, §31-15D-3, §31-15D-4, §31-15D-5, §31-15D-6,
§31-15D-7, §31-15D-8, §31-15D-9 and §31-15D-10, all relating to
establishment of the West Virginia Transportation Finance
Commission; definitions; creating a governing board of the
commission; appointment, terms, qualifications, compensation and
expenses of board members; powers and duties of the commission;
creating the West Virginia Transportation Finance Commission Fund;
deposits and capitalization; disbursements; subaccounts;
requirements for loans and other financial assistance from the
commission; requirements for applications for loans and other
financial assistance and for approval of qualified projects;
finance agreements; payments and repayments of loans; withholding
of defaulted payments from funds allotted or payable to a defaulting government unit; annual reports to Governor and
Legislature; annual audits of the commission; and assistance of the
Department of Transportation to the board.
And,
Senate Bill No. 382, Adjusting State Rail Authority's contract
authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 382 (originating in the
Committee on Finance)--A Bill to amend and reenact §29-18-6 of the
Code of West Virginia, 1931, as amended, relating to the amount of
expenditure for rolling stock.
With the recommendation that the two committee substitutes 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. 379, Clarifying pharmacists and pharmacies as
health care providers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 379 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to
including licensed pharmacists and pharmacies as health care
providers under the provisions of the Medical Professional
Liability Act; and clarifying effective date of amendments.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 404 (originating in the
Committee on Government Organization), Creating sesquicentennial
commission and fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 404 (originating
in the Committee on Finance)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and
§4-13-7, all relating to establishing the West Virginia
Sesquicentennial Commission and a fund for commission expenses;
membership; meetings; reimbursement of expenses; powers and duties
of the commission; and termination of the commission.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
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. 414, Creating patient-centered medical homes
pilot projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 414 (originating in the
Committee on Health and Human Resources)--A Bill to repeal §5-16-7b
of the Code of West Virginia, 1931, as amended;
to repeal §5-16C-1,
§5-16C-2, §5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7,
§5-16C-8, §5-16C-9 and §5-16C-10 of said code; to repeal §5A-3-1a
of said code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4,
§5A-3C-5, §5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10,
§5A-3C-11, §5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16
and §5A-3C-17 of said code; to amend and reenact §5F-2-5 of said
code; to
amend and reenact §16-2J-2 of said code; to amend said
code by adding thereto a new article, designated §16-2L-1,
§16-2L-2, §16-2L-3, §16-2L-4 and §16-2L-5; to amend and reenact
§16-29H-1, §16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of said
code; and to amend said code by adding thereto sixteen new
sections, designated §16-29H-6, §16-29H-7, §16-29H-8, §16-29H-9, §16-29H-10, §16-29H-11, §16-29H-12, §16-29H-13, §16-29H-14, §16-
29H-15, §16-29H-16, §16-29H-17, §16-29H-18, §16-29H-19, §16-29H-20
and §16-29H-21, all relating generally to the creation of the
Governor's Office of Health Enhancement and Lifestyle Planning;
setting forth legislative findings; setting forth the powers and
duties of the office; transferring the powers and duties of the
Pharmaceutical Cost Management Council to the office; creating the
position of director; setting forth the qualifications of the
director; setting forth the powers and duties of the director;
providing for staff; requiring the development of a five-year
strategic plan; providing for legislative rule-making authority;
providing for coordination with various state agencies,
departments, boards, bureaus and commissions; requiring reporting
to the Governor and the Legislature; establishing pilot projects
for patient-centered medical homes; setting forth legislative
findings; defining terms; evaluating existing medical home pilot
programs; establishing criteria for pilot projects for patient-
centered medical homes; defining four types of pilot projects;
setting forth evaluation criteria; and granting rule-making
authority.
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 Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 414) contained in the
preceding report from the Committee on Health and Human Resources
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 Finance.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 421, Modifying child custody and support order
due to military service.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 421 (originating in the
Committee on Military)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated
§48-9-404, relating to
prohibiting the modification of a parenting
plan because a parent is called to active military service;
providing for temporary orders; reinstating the parenting plan upon
return of the service member parent; and moving permanently by the
service member parent not included.
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 421), 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
Senate Bill No. 453, Relating to Public Service Commission
service of decisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 453 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §24-1-9 of
the Code of West Virginia, 1931, as amended, relating to the Public
Service Commission; recommended decisions by hearing commissioner,
examiner or panel; service of decisions on parties, including by
electronic transmission; and removing antiquated language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 485, Requiring certain students undergo dental examination.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 485 (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
section, designated §16-3-4a; and to amend and reenact §18-28-6 of
said code, all relating to requiring all children who enter a
public or private school for the first time, whether it be in
kindergarten or first grade, to provide adequate proof of having
undergone a dental examination by a licensed dentist.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Education.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 485) contained in the
preceding report from the Committee on Health and Human Resources
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 Education.
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. 493, Transferring central registry for head
injuries to Center for Excellence in Disabilities.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
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. 549, Creating Creative Communities Development
Pilot Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 549 (originating in the
Committee on Economic Development)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §5B-2H-1, §5B-2H-2, §5B-2H-3, §5B-2H-4, §5B-2H-5, §5B-
2H-6, §5B-2H-7, §5B-2H-8, §5B-2H-9, §5B-2H-10 and §5B-2H-11, all
relating to the Creative Communities Development Pilot Program;
pronouncing legislative finding and intent; creating the Creative
Communities Development Fund; establishing the Creative Communities
Development Board; providing requirements for applications for the
use of matching funds from the Creative Communities Development Fund; providing for review of applications by the West Virginia
Development Office; establishing that the Creative Communities
Development Board shall have the authority to approve matching
grants from Creative Communities Development Fund; establishing
matching requirements from applicants; establishing eligible
expenditures; defining parameters of agreement between West
Virginia Development Office and a community for use of grant funds;
providing for a review and audit of expenditures by West Virginia
Development Office; and providing for review of Creative
Communities Development Pilot Program.
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. 549), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 610, Relating to Film Industry Investment Act.
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,
Richard Browning,
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 Tomblin (Mr. President), Snyder, Williams,
Plymale, McCabe and Unger:
Senate Bill No. 649--A Bill to amend and reenact §4-8-1 of the
Code of West Virginia, 1931, as amended, relating to adding members
to the Capitol Building Commission.
Referred to the Committee on Government Organization.
By Senators Jenkins, Plymale and Kessler:
Senate Bill No. 650--A Bill to amend and reenact §61-11-6 of
the Code of West Virginia, 1931, as amended, relating to increasing
the penalty for accessory after the fact to certain crimes to a
felony; establishing penalty; and creating exceptions.
Referred to the Committee on the Judiciary.
By Senators Chafin, Jenkins, Plymale and Unger:
Senate Bill No. 651--A Bill to amend and reenact §18A-4-1 and
§18A-4-2 of the Code of West Virginia, 1931, as amended, all
relating to state minimum salary schedules; and additional definitions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Wells and Plymale:
Senate Bill No. 652--A Bill to amend and reenact §18A-3-2b of
the Code of West Virginia, 1931, as amended, relating to teacher
induction; teacher mentor stipend; enforcement of teacher mentor
provisions; teacher mentor selection; limited authority to select
teacher from a different school; and summer academy for beginning
teachers.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Kessler:
Senate Bill No. 653--A Bill to amend and reenact §48-10-203 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §48-10-204, all
relating to creating visitation rights for certain great-
grandparents; and defining "grandchild".
Referred to the Committee on the Judiciary.
By Senator Laird:
Senate Bill No. 654--A Bill to amend and reenact §62-11A-1a of
the Code of West Virginia, 1931, as amended, relating to
prohibiting any sentencing judge or magistrate from establishing,
supervising, directing or managing a work release program or other
alternative sentencing program.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 655--A Bill to amend and reenact §24D-1-9 of
the Code of West Virginia, 1931, as amended, relating to providing
jurisdiction for the Public Service Commission to require the
removal of certain types of television cable by a cable television
operator at no cost to the state, county or municipality.
Referred to the Committee on the Judiciary.
By Senator Chafin:
Senate Bill No. 656--A Bill to authorize and empower the
county commission of Mercer County to appoint an emergency
operations center board to oversee the operation of the enhanced
emergency telephone system serving Mercer County.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Plymale, Unger and Chafin:
Senate Bill No. 657--A Bill to amend and reenact §61-6-24 of
the Code of West Virginia, 1931, as amended, relating to clarifying
that a terroristic threat is a felony regardless of intent to
actually commit the threatened act.
Referred to the Committee on the Judiciary.
By Senators Helmick, Minard, Unger and Chafin:
Senate Bill No. 658--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §12-3A-4a, relating to authorizing the Auditor and
Treasurer to contract for emergency banking services in the event of financial crisis affecting the current provider.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Jenkins and Chafin:
Senate Bill No. 659--A Bill to amend and reenact §33-16-3a of
the Code of West Virginia, 1931, as amended, relating to mental
health parity; providing that actual increases in costs determine
whether cost-containment measures may be applied; and removing
certain provisions regarding small groups.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Caruth, Guills, Unger and Chafin:
Senate Bill No. 660--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §17-16A-11a and §17-16A-22a; and to amend and reenact
§17-16A-18 and §17-16A-26 of said code, all relating to the West
Virginia Parkways Authority; requiring an annual legislative audit
of the Parkways Authority; requiring the Parkways Authority to
provide certain information concerning its activities; terminating
tolls on the West Virginia Turnpike no later than 2020; prohibiting
the West Virginia Parkways Authority from issuing any additional
revenue bonds; and requiring the West Virginia Parkways Authority
to pay all indebtedness on schedule without extending or renewing
the debt.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Caruth, Jenkins, McCabe, Barnes, Guills, Williams,
K. Facemyer, Hall, Boley and Sypolt:
Senate Bill No. 661--A Bill to amend and reenact §23-4-2 of
the Code of West Virginia, 1931, as amended, relating to
disbursement where injury is self-inflicted or intentionally caused
by the employer.
Referred to the Committee on the Judiciary.
By Senator Yost:
Senate Bill No. 662--A Bill to amend and reenact §11-21-12 of
the Code of West Virginia, 1931, as amended, relating to exempting
all military retirement income from state income tax.
Referred to the Committee on Military; and then to the
Committee on Finance.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 34--
Requesting the Division
of Highways name the portion of U. S. 52 from Taylorville Bridge to
the intersection of State Route 44 in Mingo County the "R. A. West
Memorial Highway".
Whereas, R. A. West was born on March 12, 1947, in the town of
Varney, Mingo County; and
Whereas, R. A. West married Marsha Lowe of Williamson, Mingo
County. He took a position as fireman with the Norfolk and Western
Railroad and soon thereafter became the youngest person to be
promoted to the position of engineer; and
Whereas, At the age of 22, R. A. West, despite the fact that
his first-born son was paralyzed due to injury at birth and was confined to a wheelchair, was driven by his religious convictions
to heed the call to the evangelical ministry and resigned his job
with the railroad, forfeiting his job-related medical benefits
while large medical bills associated with the condition of his son
continued to mount, thereby evidencing his unshakable religious
faith; and
Whereas, R. A. West began proselytizing and, due to his
unquestioning faith and religious fervor, was never content with
evangelizing solely on Sundays. Instead, he evangelized an average
of 300 times each year, continuing this amazingly torrid pace for
the first 15 years of his ministry; and
Whereas, R. A. West Ministry expanded into radio and
television throughout the United States and into 80 foreign
countries, spreading a constructive and positive message to
millions of human beings throughout the planet; and
Whereas, In spite of his national and world acclaim, R. A.
West never abandoned nor distanced himself from his humble origins,
nor from his beloved Varney, West Virginia, nor from his family,
friends and parishioners; and
Whereas, R. A. West, as a direct result of his good and
fruitful works, became one of the most respected unofficial
ambassadors of West Virginia, a fact which was commemorated by
former Governor Jay Rockefeller, among other prominent notables;
and
Whereas, Sadly, R. A. West was suddenly and unexpectedly taken
to his reward on July 6, 2002, when his earthly existence was terminated as the result of a motorcycle accident; this event
resulted in the largest funeral ever conducted in southern West
Virginia, drawing approximately 2,000 persons from all over the
United States who gathered to pay their last respects; and
Whereas, The residents of Varney, Mingo County, as well as
people from all over the United States and in the foreign countries
where Reverend West's message of peace, love and faith was
broadcast, shall never forget his towering spirit and his dedicated
fervor in sharing his religious faith; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
name the portion of U. S. 52 from Taylorville Bridge to the
intersection of State Route 44 in Mingo County the "R. A. West
Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the highway
as the "R. A. West Memorial Highway"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of the Reverend
R. A. West.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 35--
Requesting the Division
of Highways name bridge number 28-10-0.51 (4181) on State Route 10
in Mercer County the "Staff Sergeant Stanley Brian Reynolds Memorial Bridge".
Whereas, Staff Sergeant Stanley Brian Reynolds was born on
July 18, 1970, in Baltimore, Maryland, to Sandra Shrewsbury
Reynolds of Lashmeet and Bernard Reynolds; and
Whereas, Staff Sergeant Stanley Brian Reynolds spent a large
part of his formative years in the hills of West Virginia and was
instilled with the values of family, community, freedom and
liberty; and
Whereas, Staff Sergeant Stanley Brian Reynolds enlisted with
the United States Army in 2002 and soon became a member of Bravo
Company 4-123 Aviation Company (Sugar Bears) and served his first
tour of duty in Iraq from January to December 2005; and
Whereas, Staff Sergeant Stanley Brian Reynolds was transferred
to the 1st Battalion, 52nd Aviation Regiment Task Force Dragon 49,
when he began his second tour of Iraq; and
Whereas, Staff Sergeant Stanley Brian Reynolds served with
distinction in the military as a graduate of the Warrior Leaders
Course and was a recipient of the Army Commendation Medal, Navy-
Marine Corps Commendation Medal, National Defense Medal, Global War
of Terrorism Expeditionary Medal, Global War on Terrorism Service
Medal, Overseas Ribbon, Noncommissioned Officers Professional
Development Ribbon and Aviation Crewman Badge; and
Whereas, Staff Sergeant Stanley Brian Reynolds was also
awarded a Bronze Star for his exemplary service in Iraq; and
Whereas, While faithfully executing his duties to his
community, state and nation, Staff Sergeant Stanley Brian Reynolds passed away on August 14, 2007, at Al Taqqadum, Iraq, as a result
of injuries received when his CH-47 Chinook helicopter crashed; and
Whereas, Having honorably served in the United States Army and
having given the ultimate sacrifice for his country, his state and
fellow man, we are compelled to ensure that future generations are
aware of Staff Sergeant Stanley Brian Reynold'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 28-10-0.51 (4181) on State Route 10 in Mercer County
the "Staff Sergeant Stanley Brian Reynolds 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
"Staff Sergeant Stanley Brian Reynolds 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
Staff Sergeant Stanley Brian Reynolds and the Secretary of the
Department of Transportation.
Which, under the rules, lies over one day.
Senators Plymale, Minard, Jenkins, White, Williams, Wells,
Boley, Guills, Stollings, McCabe, Unger and Chafin offered the
following resolution:
Senate Resolution No. 35--Honoring John Joseph Kenneth Cole
for his dedication and service in the field of education in the
State of West Virginia.
Whereas, John Joseph Kenneth Cole is the son of Burhl and
Billie Cole of Fairmont, West Virginia; and
Whereas, John Joseph Kenneth Cole was raised in Fairmont, West
Virginia, where he attended public schools and ran for a seat on
his local school board at the age of 19; and
Whereas, John Joseph Kenneth Cole earned two bachelor's
degrees in political science and history and graduated with honors
from West Virginia University; and
Whereas, John Joseph Kenneth Cole is currently serving as
Interim Chief of Staff to the Interim President of West Virginia
University; and
Whereas, John Joseph Kenneth Cole was a cocreator of the
Office of Service Learning at West Virginia University; and
Whereas, John Joseph Kenneth Cole was a member of Mountain
Honorary at West Virginia University; and
Whereas, John Joseph Kenneth Cole was awarded the prestigious
Truman Scholarship for public service as a junior student at West
Virginia University; and
Whereas, John Joseph Kenneth Cole earned his master's degree
at Ohio State University and is pursuing his doctorate degree in
education and public policy at the University of Michigan; and
Whereas, John Joseph Kenneth Cole has been a loyal, diligent
and tireless worker in various positions in state and local
government and the private sector, striving for the advancement of
education in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby honors John Joseph Kenneth Cole for his
dedication and service in the field of education in the State of
West Virginia; and, be it
Further Resolved, That the Senate extends its best wishes to
John Joseph Kenneth Cole for continued success and wishes him luck
on any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to John Joseph Kenneth Cole.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Plymale regarding the
adoption of Senate Resolution No. 35 were ordered printed in the
Appendix to the Journal.
Senators Plymale, Minard, Prezioso, Jenkins, White, Williams,
Foster, Wells, Boley, Guills, Edgell, Stollings, McCabe, Unger,
Tomblin (Mr. President), Palumbo and Chafin offered the following
resolution:
Senate Resolution No. 36--Designating March 20, 2009, as
"Higher Education Day" at the Legislature.
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's education system will help students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct ground-breaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 20, 2009, as "Higher
Education Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the West Virginia
Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, the
Executive Director of the West Virginia Independent Colleges and
Universities, Inc., and to each of the presidents of West
Virginia's independent and public colleges and universities.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Plymale regarding the
adoption of Senate Resolution No. 36 were ordered printed in the
Appendix to the Journal.
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 Plymale, Minard, Prezioso, Jenkins, White, Williams,
Foster, Wells, Boley, Guills, Stollings, McCabe, Unger, Palumbo and
Chafin offered the following resolution:
Senate Resolution No. 37--Honoring Dr. C. Peter Magrath,
Interim President of West Virginia University, for his leadership,
dedication and service.
Whereas, Dr. C. Peter Magrath has served as Interim President
at West Virginia University since August 1, 2008; and
Whereas, Dr. C. Peter Magrath earned his bachelor's degree
from the University of New Hampshire and Ph. D. from Cornell
University; and
Whereas, Dr. C. Peter Magrath is a nationally respected figure
in the higher education community; and
Whereas, From 1992 through 2005, Dr. C. Peter Magrath served
as president of the National Association of State Universities and
Land-Grant Colleges; and
Whereas, Dr. C. Peter Magrath served as president of three
public universities; and
Whereas, Dr. C. Peter Magrath authored numerous books,
monographs and articles on American constitutional law and history,
higher education and international affairs; and
Whereas, Dr. C. Peter Magrath, during his short tenure as
Interim President of West Virginia University, led the charge to
put West Virginia University in the upper echelon of higher
education institutions; and
Whereas, Dr. C. Peter Magrath laid the groundwork that will
benefit future presidents of West Virginia University; and
Whereas, Dr. C. Peter Magrath is a distinguished leader and
shining example for the people of West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Dr. C. Peter Magrath, Interim
President of West Virginia University, for his leadership,
dedication and service; and, be it
Further Resolved, That the Senate extends its best wishes to
Dr. C. Peter Magrath for continued success and wishes him luck on
any future endeavors he may choose to pursue; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Dr. C. Peter Magrath.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Plymale regarding the
adoption of Senate Resolution No. 37 were ordered printed in the
Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, unanimous consent being granted,
returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 36 (originating in the
Committee on Education)--
Requesting the Joint Committee on
Government and Finance create a joint interim committee to study
various higher education personnel administration and flexibility
issues.
Whereas, The Legislature directed the staff of the Higher
Education Policy Commission and the Council for Community and
Technical College Education in Enrolled Committee Substitute for
Senate Bill
No. 603, passed during the regular session of the West
Virginia Legislature,
2005, to conduct a three-year study of various issues related to higher education personnel administration
and compensation and to make recommendations for changes in law,
rule and practice to the Legislative Oversight Commission on
Education Accountability; and
Whereas, The final report to the Legislative Oversight
Commission on Education Accountability contained numerous
recommendations including naming several topics that need to
receive further study; and
Whereas, The issues identified as needing further study,
including internal hiring practices, reductions in force and
outsourcing, are important issues affecting higher education
employees; and
Whereas, The Legislature gave Marshall University and West
Virginia University, but not other state institutions of higher
education, certain additional flexibility in Enrolled Committee
Substitute for Senate Bill No. 603; and
Whereas, The Legislature recognizes that because of the
importance of higher education to West Virginia's future, a
broad-based public policy discussion needs to occur before state
leaders make determinations regarding appropriate personnel
administration and compensation policies in order to achieve the
greatest good for state institutions of higher education, their
employees and the people of West Virginia; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to
create a joint interim committee to study various higher education personnel administration and flexibility issues;
and, be it
Further Resolved, That the committee shall consist of
members
of the Senate and House of Delegates
for the purposes of
considering recommendations resulting from the study mandated by
Enrolled Committee Substitute for Senate Bill No. 603 and making a
specific and detailed analysis of
certain other higher education
personnel and flexibility issues; and, be it
Further Resolved, That the
committee shall consist of the
following members:
(1)The President of the Senate or designee;
(2)The Speaker of the House of Delegates or designee;
(3)The chairs of the Senate and House of Delegates
Committees on Education, who shall cochair the committee;
(4)The chairs of the Senate and House of Delegates
Committees on Finance or their designees;
(5)The chairs of the Senate and House of Delegates
Committees on Government Organization or their designees;
(6)Two members each from the Senate Committees on Finance
and Education, appointed by the President of the Senate; and
(7)Two members each from the House of Delegates Committees
on Finance and Education, appointed by the Speaker of the House;
and, be it
Further Resolved, That the committee shall examine issues
related to employee compensation, classification and job evaluation
methodologies; and, be it
Further Resolved, That the committee shall examine internal
hiring practices, including statutory preference given to current
employees; a fair and rational policy for making reductions in
force when necessary; and the relative costs and benefits of
outsourcing certain services to external contractors; and, be it
Further Resolved, That the committee shall examine whether the
additional flexibility provided to Marshall University and West
Virginia University in
Enrolled Committee Substitute for Senate
Bill No. 603
should be extended to other state institutions of
higher education; and, be it
Further Resolved, That the committee report to the Joint
Committee on Government and Finance and the Legislative Oversight
Commission on Education Accountability by the first day of January,
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; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the chancellors of
the Higher Education Policy Commission and the Council for
Community and Technical College Education for distribution to each
member thereof.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 36)
contained in the foregoing report from the Committee on Education
was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 33, Requesting Joint
Committee on Government and Finance study new correctional
officers' retirement system.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Pensions;
and then to the Committee on Rules.
House Concurrent Resolution No. 23, The "Corporal Alfred E.
Collins Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 279, Relating
to industrial accidents and emergency response regulations.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Barnes, K. Facemyer and McCabe--3.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 279) 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.
Senate Bill No. 12, Allowing 2-year motorcycle registration
period.
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. 75, Establishing alcohol use by
minors as juvenile delinquent offense.
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. 256, Providing additional
requirements for certain property annexation.
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. 261, Mandating party executive
committees submit certain nominees 70 days before election.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 335, Authorizing Division of Culture and
History distribute fairs and festivals' funding.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 476, Relating to "financial institution"
definition.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 503, Defining "sound financial condition".
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 521, Including telecommunications devices as
jail contraband.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations
with parental consent.
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. 594, Requiring monthly fund installments to
Courtesy Patrol.
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.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 244, Relating to public
employees' reemployment after retirement.
Senate Bill No. 399, Creating senior resident hunting, fishing
and trapping license.
Senate Bill No. 424, Converting financial institution to
state-chartered bank.
Senate Bill No. 464, Authorizing Public Employees Insurance
Agency charge fee for paper transactions.
Senate Bill No. 468, Requiring redemption property purchaser
pay in certified funds.
Com. Sub. for Senate Bill No. 489, Allowing Board of Banking
and Financial Institutions receive travel expense compensation.
Senate Bill No. 494, Authorizing Insurance Commissioner order
restitution in certain cases.
Com. Sub. for Senate Bill No. 501, Prohibiting animal gas
chamber euthanasia.
Com. Sub. for Senate Bill No. 526, Relating to osteopathy
post-doctoral training requirements.
Senate Bill No. 528, Depositing certain fees in counties'
general funds.
Com. Sub. for Senate Bill No. 535, Authorizing municipalities
and county commissions set closing time for certain bars.
Com. Sub. for Senate Bill No. 540, Clarifying certain Tax
Commissioner's authorities.
Senate Bill No. 572, Repealing section creating Public
Employee Leave Benefit Analysis Board.
Senate Bill No. 587, Repealing section creating State
Personnel Advisory Council.
Senate Bill No. 588, Repealing section creating Public
Insurance Agency Advisory Board.
Com. Sub. for Senate Bill No. 591, Electing magistrates by
divisions.
Senate Bill No. 647, Authorizing Class IV cities' early voting
by mail.
And,
Senate Bill No. 648, Requiring manual vote counting in certain
counties.
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 Prezioso, Caruth and Chafin.
The Senate proceeded to the thirteenth order of business.
Senator Kessler called attention to today being the birthday
of the senator from Wood and on behalf of the Senate extended felicitations and good wishes to Senator Deem, with Senator Kessler
leading the members in singing "Happy Birthday".
At the request of Senator Caruth, and by unanimous consent,
the Senate returned to the eleventh order of business and the
introduction of guests.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Barnes, K. Facemyer and McCabe.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 23, 2009, at 11 a.m.
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