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Senate Journal


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sdj-45th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FORTY-FIFTH DAY

____________

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

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

Prayer was offered by Pastor Franklin D. Thomas, Living Faith Church, Marmet, West Virginia.
Appalachian Children's Chorus, Charleston, West Virginia, and Randall Reid-Smith, Commissioner of the Division of Culture and History, proceeded in the singing of "Let There Be Peace on Earth" and "Take Me Home, Country Roads" accompanied by Olga Young on the piano.
Pending the reading of the Journal of Thursday, March 26, 2009,
On motion of Senator Wells, 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 amendment by that body, adoption as amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Senate Concurrent Resolution No. 8, Requesting Division of Highways name bridge in Mullens "Charles V. Stewart Memorial Bridge".
On motion of Senator Chafin, the message on the resolution was taken up for immediate consideration.
The following House of Delegates amendment to the title of the resolution was reported by the Clerk:
Senate Concurrent Resolution No. 8--Requesting the Division of Highways name bridge number 55-16/39-0.73 (4983), on County Route 16/39, on Moran Avenue in Mullens, West Virginia, the "Charles V. Stewart Memorial Bridge".
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendment to the title of the resolution.
The question being on the adoption of the resolution, as amended, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 2091--A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §9-4-3 of said code, all relating to requiring public notice and comment of state plan amendments prior to submission for federal approval; providing public notice and comment; excepting public comment period in certain circumstances; allowing emergency approval of certain rules; and expanding membership of the Medicaid Advisory Board.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2470--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9l, relating to exempting sales of tangible personal property and services by any public or private school in this state of any one or more grade levels pre- kindergarten through grade twelve; limiting amount of sales subject to exemption; and authorizing designation by the tax commissioner of the exemption as a per se exemption for which exemption certificates are not required.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2530--A Bill to amend and reenact §18-9A-2, §18-9A-3a and §18-9A-9 of the Code of West Virginia, 1931, as amended, all relating to further defining professional student support personnel; clarifying definition of net enrollment; modifying method for computing increase in net enrollment for certain counties; providing for computation of certain personnel allowances for certain fiscal years based on number of personnel that would be eligible based on net enrollment if certain condition is met; and including professional student support personnel in the public school support formula allowance calculations for current expense and faculty senates.
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. 2535--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-13Z-1, §11-13Z-2 and §11-13Z-3; and to amend said code by adding thereto a new article, designated §24-2F- 1 and §24-2F-2, all relating to energy systems; providing for a tax credit; requiring the Public Service Commission to adopt a rule regarding net metering; and requiring Tax Commissioner to promulgate rules for claiming and applying tax credit.
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. Com. Sub. for House Bill No. 2567--A Bill to amend and reenact §29A-2-6 of the Code of West Virginia, 1931, as amended, relating to filing agency rules with the secretary of state under the administrative procedures act; requiring all rules to be filed with the secretary of state electronically beginning July 1, 2011; allowing for exemptions to the requirement; requiring legislative rules to implement the provisions of the requirement; and authorizing a voluntary pilot program to electronic filing of proposed rules.
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. 2702--A Bill to amend and reenact §7-14D-2, §7-14D-5, §7-14D-7, §7-14D-9c, §7-14D-13, §7-14D- 14, §7-14D-15, §7-14D-16, §714D-23 and §7-14D-30 of the Code of West Virginia, 1931, as amended, all relating to the Deputy Sheriff Retirement System Act; making technical changes, modifying definitions; clarifying when membership ceases; specifying procedures for the correction of errors; defining employer error; permitting rollovers of any dollar amount; clarifying loan offsets at time of withdrawal; providing onset date for receipt of disability benefits; providing for the termination of disability benefits when a retirant refuses to submit to a medical examination or provide certification from their physician of continued disability; removal of option for members with loans to purchase declining term insurance; permitting subsequent loans to members sixty days after full payment of an outstanding loan; and providing for the collection of fees from employers for untimely payment of contributions.
Referred to the Committee on Pensions; 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. 2703--A Bill to amend and reenact §18-7A-3, §18-7A-13, §18-7A-14, §18-7A-23, §18-7A-28c and §18-7A-34 of the Code of West Virginia, 1931, as amended, all relating to State Teachers Retirement System; making technical changes; modifying definitions; specifying cessation of membership; clarifying loan offsets at time of withdrawal; specifying procedures for the correction of errors; permitting rollovers of any dollar amount; and permitting loan borrowers to receive retirement income or disability payments when outstanding loan balance is deducted from the actuarial reserve of accrued benefit.
Referred to the Committee on Pensions; 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. House Bill No. 2722--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b; and to amend said code by adding thereto a new section, designated §11-24-11c, all relating to authorizing a $100 tax credit against either personal income tax or corporate net income tax for the expense incurred when reprogramming a cash register when the sales tax on food and food ingredients is changed.
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. 2734--A Bill to amend and reenact §18-7D-11 of the Code of West Virginia, 1931, as amended, relating to the minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
Referred to the Committee on Pensions; 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. 2770--A Bill to amend and reenact §16-5V-6, §16-5V-7, §16-5V-8 and §16-5V-32 of the Code of West Virginia, 1931, as amended, all relating to the Emergency Medical Services Retirement System Act; specifying procedures for the transfer of contributions; clarifying actuarial valuation period; clarifying employer contribution amount; specifying procedures for the correction of errors; and requiring certain information be included in the insurance plan filed by the Public Employees Insurance Agency.
Referred to the Committee on Pensions; and then to the Committee on Finance.
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. 2999--A Bill to amend and reenact §11-15-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §11-15A-18 of said code; and to amend and reenact §11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of said code, all relating to the streamlined sales and use tax agreement and the West Virginia consumers sales and service tax and use tax; providing relief from liability in specified circumstances; administrative exemptions; the requirements of certified service providers and the effective date.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amended title, passage as amended, of
Eng. House Bill No. 3083, Permitting blood donations by persons age sixteen with parental consent.
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. 15--Requesting the Division of Veterans Affairs to name the new West Virginia State Veterans Cemetery to be constructed near the West Virginia State Police Academy near Institute, in Kanawha County, "THE DONEL KINNARD VETERANS CEMETERY".
At the request of Senator Chafin, and by unanimous consent, the message was taken up for immediate consideration and reference of the resolution to a committee dispensed with.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 30--Requesting the Division of Highways name bridge number 23-119-15.31 (2647), in Logan County, the "Marine Pvt. Robert Clayton Stephenson Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 31--Requesting the Division of Highways name bridge number 55-10/45-0.03 (10482), in Wyoming County, West Virginia, the "Airman First Class Christopher Burns Lester Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 38--Requesting the Division of Highways name bridge number 50-152-33.24 in Wayne County, the "Bob W. Bellomy Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 39--Requesting the Division of Highways name bridge number 46-119/ 42-0.16 (3389) located on Yates Crossing Road in Grafton, Taylor County, the "Clair Bee: Basketball Coach and Author Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
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 27th day of March, 2009, presented to His Excellency, the Governor, for his action, the following bills, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 329), Updating terms in Personal Income Tax Act.
And,
(S. B. No. 410), Updating terms in Corporation Net Income Tax Act.
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. 63, Increasing deposit from State Excess Lottery Revenue Fund to Higher Education Improvement Fund.
And reports the same back with the recommendation that it 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. 227, Authorizing State Tax Department promulgate legislative rule relating to repeal of valuation of intangible personal property including stock accounts receivable, stock in banks and loan associations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 227 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; 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; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule- Making Committee and as amended by the Legislature; repealing a certain legislative rule; authorizing the State Tax Department to repeal a legislative rule relating to valuation of intangible personal property including stock accounts receivable and stock in banks and capital of savings and loan associations; authorizing the State Tax Department to promulgate a legislative rule relating to combined returns pursuant to an investigation by the Tax Commissioner; authorizing the State Tax Department to promulgate a legislative rule relating to the film industry investment tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to electronic filing and payment of special district excise tax; authorizing the State Tax Department to promulgate a legislative rule relating to the withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties; authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Division and the Department of Health and Human Resources Office of the Inspector General Medicaid Fraud Control Unit; authorizing the Insurance Commissioner to promulgate a legislative rule relating to coordination of health benefits; authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to viatical settlements; authorizing the Insurance Commissioner to promulgate a legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations; authorizing the Insurance Commissioner to promulgate a legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values; and authorizing the Racing Commission to promulgate a legislative rule relating to greyhound racing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
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. 257, Creating nonvoting student member position on county boards of education.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 257 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18-5-1d, all relating to a nonvoting student member position on each county board of education; eligibility requirements; term; appointment or election in accordance with board rules; exemption from certain member requirements; participation in meetings; representing the board at public functions; provision of meeting materials; allowance for expenses; prohibiting compensation; and removal in accordance with board rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
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. 271, Requiring write-in candidates pay filing fee.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 271 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-5-8 of the Code of West Virginia, 1931, as amended; and to amend and reenact §3-6-4a of said code, all relating to elections; requiring write-in candidates for public office to pay a filing fee for the office sought; and providing for distribution of the fee in the same manner as other candidates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery 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. 297 (originating in the Committee on the Judiciary), Creating Alternative and Renewable Energy Portfolio Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 297 (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 §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24- 2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11, §24-2F- 12, §24-2F-13 and §24-2F-14, all relating to an alternative and renewable energy portfolio standard; setting forth legislative findings; defining terms; establishing standards for the sale of electricity generated from alternative and renewable energy resources; providing for compliance assessments; creating a system of tradeable alternative and renewable energy resource credits; providing for the awarding of credits based upon electricity generated from alternative and renewable energy resource facilities; providing for the awarding of credits for certain greenhouse emissions reduction and offset projects; providing for the awarding of credits for certain energy efficiency and demand-side energy initiative projects; requiring application to the Public Service Commission for approval of alternative and renewable energy portfolio standard compliance plans; setting forth minimum requirements for compliance plan applications; requiring Public Service Commission approval of compliance plan applications; requiring annual progress reports; providing for incentive rate making for investments in new alternative and renewable energy resource facilities in West Virginia; requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; authorizing the Public Service Commission to enter into interagency agreements to meet its requirements under this article; requiring an ongoing assessment of alternative and renewable energy resources in West Virginia; authorizing Public Service Commission to adopt portfolio standards for certain electric cooperatives and other electric facilities or utilities; establishing the Alternative and Renewable Energy Resources Research Fund; providing for the awarding of matching grants for certain research projects; declaring severability; authorizing the Public Service Commission to promulgate rules; and providing sunset date.
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. 311, Creating 2012 Supreme Court of Appeals Public Campaign Financing Pilot Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 311 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-1A-1, §3-1A-4 and §3-1A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15 and §3-12-16, all relating to creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; giving additional duties and per diem pay to the State Election Commission; authorizing State Election Commission utilize video, telephone and internet conferencing; providing alterative campaign financing option for candidates for the West Virginia Supreme Court of Appeals in 2010 and 2012 through public funds; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of Appeals in the 2010 and 2012 general and primary elections; establishing the Supreme Court of Appeals Public Campaign Financing Fund and sources of revenue for the fund; authorizing transfer of $1 million a year from the Treasurer's Unclaimed Property Trust Fund to the fund for four years; requiring an applicant for public campaign funding to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying party and independent candidates; allowing participating candidates to raise from private sources and spend exploratory contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the State Election Commission for exploratory and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the State Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the State Election Commission; providing for rescue funds when independent expenditures or opponent expenditures exceed certain limits; setting forth certain duties of the State Election Commission and Secretary of State; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; and providing both civil and criminal penalties for violations of the act.
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,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 311) contained in the preceding report from the Committee on the Judiciary 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 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. 326, Mandating certain dental anesthesia insurance coverage.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 326 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §5-16-7 and §5-16-9 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4j; to amend said code by adding thereto a new section, designated §33-16-3t; to amend said code by adding thereto a new section, designated §33-24-7j; to amend said code by adding thereto a new section, designated §33-25-8h; and to amend said code by adding thereto a new section, designated §33-25A-8i, all relating to mandating insurance coverage of dental anesthesia in 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,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 326) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 373, Relating to PROMISE Scholarship.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 373 (originating in the Committee on Education)--A Bill to amend and reenact §18C-1-1 and §18C-1-5 of the Code of West Virginia, 1931, as amended; to amend and reenact §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7 and §18C-7-8 of said code; and to amend and reenact §29-22-18a of said code, all relating to student financial aid resources and programs; reconstituting the Higher Education Student Financial Aid Advisory Board; providing for member appointments; setting forth member qualifications and terms of office; setting forth duties of the advisory board; dissolving the PROMISE Scholarship Board and transferring its powers and duties to the Higher Education Policy Commission; authorizing investment of certain funds with the West Virginia Investment Management Board; raising by two percent the aggregate percentage amount the Legislature may allocate to the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) scholarship program; setting as the minimum amount of the PROMISE scholarship annual award the lesser of the cost of tuition at a state institution of higher education or $4,750 and authorizing the Higher Education Policy Commission to provide annual awards greater than $4,750 under certain circumstances if funds are available; providing conditions under which PROMISE scholarship annual awards are continued to certain students under certain circumstances; clarifying that a PROMISE scholarship may supplement certain tuition and fee waivers; authorizing the Higher Education Policy Commission to promulgate rules; and increasing funding allocated from the State Excess Lottery Revenue Fund by $2 million.
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.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 373) contained in the preceding report from the Committee on Education 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 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. 378, Relating to concealed handgun license reciprocity.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffery 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. 408, Relating to model health plan for uninsurable individuals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 408 (originating in the Committee on Banking and Insurance)--A Bill to repeal §33-48-11 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-48-7b; and to amend and reenact §33-48-8 of said code, all relating to the model health plan for uninsurable individuals; removing obsolete sunset provision; authorizing the use of surplus funds in the plan fund to subsidize premiums of certain enrollees; and permitting the board to propose legislative rules to propose additional classes of individuals to which the preexisting condition exclusion may not apply.
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,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 408) was taken up for immediate consideration, read a first time and ordered to second reading.
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. 430, Prohibiting premium subsidies for certain public employees.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 25, 2009;
And,
Senate Bill No. 492, Clarifying certain Public Employees Insurance Agency retirement requirements.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 25, 2009;
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 434, Relating to long-term care policy insurance agents.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
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. 435, Creating Learn and Earn Cooperative Education Program.
And,
Senate Bill No. 620, Revising Municipal Economic Opportunity Development District Act.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 481, Requiring employers provide certain documentation to Public Employees Insurance Agency.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 485 (originating in the Committee on Health and Human Resources), Requiring certain students undergo dental examination.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 485 (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 §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; exceptions; teacher responsibility; full-time county health officer responsibility; provisional enrollment; and satisfactory proof.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
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. 498 (originating in the Committee on Education), Relating to early childhood development.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 498 (originating in the Committee on Finance)--A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §49-2E-1, §49-2E-2, §49-2E-3, §49-2E-4, §49-2E-5, §49-2E-6, §49-2E-7, §49-2E-8, §49-2E-9 and §49-2E-10, all relating to early childhood development; early childhood education; findings; early childhood education program providers; use of existing sources; county collaborative plans; annual submission for approval; creating a review board for the purpose of receiving complaints from community-based programs; changes to an approved county collaborative plan; implementation waiver; reports to Legislative Oversight Commission on Education Accountability and Joint Committee on Government and Finance; enrolling students less than four years of age; State Board of Education rule; community-based programs ceasing to provide services; community-based programs choosing to provide services after initially electing not to; waiver of annual plan submission requirement; quality rating and improvement system applicable to certain child care providers; findings, purpose and intent; Secretary of Department of Health and Human Resources rules; pilot projects; quality rating and improvement system advisory council; statewide implementation; potential gradual implementation; components of quality rating and improvement system; conditioning requirements on legislative appropriation or other funding; program standards; tiers of quality; review, reduction, suspension or disqualification; accountability measures; evaluations; practitioner and outreach support; parent education and public awareness; financial incentives; wage supports and benefits; subsidizing for services to low-income families; scholarships; professional development plans; grants; internet-based management information system; financial assistance for child care consumers; and ongoing quality rating and improvement system evaluation.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 506, Conforming state mine subsidence laws and rules with federal laws and rules.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 506 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22-3-14 of the Code of West Virginia, 1931, as amended, relating to conforming the state mine subsidence laws and rules to federal mining and subsidence laws and rules.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 506) contained in the preceding report from the Committee on Energy, Industry and Mining 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 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. 513, Relating to hiring, termination, transfer and reassignment of school personnel.
And has amended the same.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 25, 2009;
And reports the same back with the recommendation that it do pass, as amended.
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. 592, Creating behavioral health service provider tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 592 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §11-13A-3 of the Code of West Virginia, 1931, as amended; relating generally to health care provider tax.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Health and Human Resources.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 600, Relating to coal reclamation tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 600 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22-3-11 of the Code of West Virginia, 1931, as amended, relating to continuing and reimposing the special reclamation tax on clean coal mined; providing for legislative review of the tax every five years; and taking out the additional tax on clean coal.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 600) contained in the preceding report from the Committee on Energy, Industry and Mining 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 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. 634, Relating to certain volunteering physicians' liability.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 634 (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 §55-7-26, relating to liability of physicians who render services to youth camps and programs; limiting liability; and providing exceptions.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 634) 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 the Judiciary.
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. 638 (originating in the Committee on Education), Relating to higher education capital facilities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 638 (originating in the Committee on Finance)--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; defined terms; systemwide facilities planning; and institution facilities planning.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 658, Authorizing Auditor and Treasurer contract emergency banking services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 658 (originating in the Committee on Finance)--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.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 658) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 666, Relating to community enhancement districts.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
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. 680, Establishing 2010 calendar year average motor fuel wholesale price.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 693, Authorizing processing fee to be used for Secretary of State's technology projects.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
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. 702, Changing workers' compensation purchase date deadline for governmental entities.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it 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. 715, Establishing Chesapeake Bay Restoration Initiative.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 715 (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 §22-11-30, relating to the protection of the Chesapeake Bay Watershed; and nutrient reductions projects.
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 Concurrent Resolution No. 14, Authorizing issuance of revenue bonds to provide capital improvements for state colleges and universities.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Caruth and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 48--Requesting the Division of Highways name bridge number 28-460-13.48 (2945) in Mercer County the "Corporal Ray B. Cheatwood, Jr., Memorial Bridge".
Whereas, Ray B. Cheatwood, Jr., was drafted into the United States Army on April 23, 1943; and
Whereas, Ray B. Cheatwood, Jr., answered the call to duty for his nation during World War II; and
Whereas, Ray B. Cheatwood, Jr., was captured in Italy on January 22, 1944, transported to Germany and sent to Stalag II-B, where he was held as a prisoner of war until April 13, 1945; and
Whereas, Ray B. Cheatwood, Jr., was honorably discharged from the United States Army on October 22, 1945; and
Whereas, Ray B. Cheatwood, Jr., was awarded a Bronze Star Medal, Purple Heart, POW Medal, Good Conduct Medal, European- African-Middle Eastern Campaign Medal with two bronze service stars, World War II Victory Medal, National Defense Service Medal, Combat Infantryman Badge 1st Award and Honorable Service Lap Button WWII; and
Whereas, It is fitting to honor Ray B. Cheatwood, Jr., for his service to his country by naming bridge number 28-460-13.48 (2945) in Mercer County the "Corporal Ray B. Cheatwood, Jr., Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name bridge number 28-460-13.48 (2945) in Mercer County the "Corporal Ray B. Cheatwood, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Corporal Ray B. Cheatwood, Jr., Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and to the family of Ray B. Cheatwood, Jr.
Which, under the rules, lies over one day.
At the request of Senator Caruth, and by unanimous consent, Senator Caruth addressed the Senate regarding Senate Concurrent Resolution No. 48.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Caruth were ordered printed in the Appendix to the Journal.
Senators Plymale, Minard, Jenkins, Wells, Stollings and Yost offered the following resolution:
Senate Resolution No. 48--Congratulating the St. Joseph Lady Irish basketball team for winning the 2009 Class A state championship.
Whereas, The 2009 Lady Irish basketball team consists of players Dusti Chapman, Kiki Smith, Niki Lobo, Jill Pulley, Abby Piaskowski, Kara Anderson, Stephanie Sang, Sara Sang, Amber Chadwick, Erin Pemberton, Stephanie Dorsey, Brittany Moore, Dani Lobo and Keisha Adkins; and
Whereas, The Lady Irish are coached by head coach Shannon Lewis and assistant coaches Dave Jenkins and Scott Johnson; and Whereas, The Lady Irish had a dominant year, finishing with a record of 22-5, including being undefeated against West Virginia competition, in route to winning the Class A state championship; and
Whereas, The Lady Irish displayed their strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia girls' basketball history; and
Whereas, The Lady Irish basketball team is a shining example of what can be accomplished through teamwork, dedication and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the St. Joseph Lady Irish basketball team for winning the 2009 Class A state championship; and, be it
Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the St. Joseph Lady Irish basketball team.
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.
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.
At the request of Senator Chafin, unanimous consent being granted, Senator Helmick offered the following resolution from the floor:
Senate Resolution No. 49--Congratulating the West Virginia University Rifle Team on winning the 2009 national NCAA championship.
Whereas, The West Virginia University Rifle Team participated in the national NCAA Championship competition in Forth Worth, Texas, in 2009; and
Whereas, The West Virginia University Rifle Team won its 14th national championship, shooting a staggering 2353 score, with an overall aggregate score of 4643; and
Whereas, During the competition, seven Mountaineers were named NRA All-Americans and their coach, Jon Hammond, was named "Coach of the Year" by the College Rifle Association; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the West Virginia University Rifle Team on winning the 2009 national NCAA championship; and, be it
Further Resolved, That the Senate congratulates West Virginia University Rifle Team Coach Jon Hammond for his selection as "Coach of the Year"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to West Virginia University Rifle Team Coach Jon Hammond.
At the request of Senator Chafin, 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 Barnes, and by unanimous consent, the remarks by Senators Oliverio, Helmick and Chafin regarding the adoption of Senate Resolution No. 49 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.
Petitions

Senator Stollings presented a petition from James L. Keener and thirteen Brooke County residents, supporting Senate Joint Resolution No. 7 (Proposing amendment to Constitution designated Marriage Protection Amendment) and Senate Joint Resolution No. 12 (Proposing amendment to Constitution designated Marriage Protection Amendment).
Referred to the Committee on the Judiciary.
Senator White presented a petition from Nona Ringler and numerous West Virginia Public Workers Union members, opposing Senate Bill No. 519 (Authorizing Governor institute employee furlough program).
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 23, Requesting Division of Veterans Affairs name state veterans cemetery in Kanawha County "The Donel Kinnard Veterans Cemetery".
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was recommitted to the Committee on the Military.
Senate Concurrent Resolution No. 47, Requesting Joint Committee on Government and Finance study economic impact of state and federal prevailing wage laws.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Labor; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 195, Authorizing Department of Health and Human Resources promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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. 195) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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. 195) takes effect from passage.
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. 299, Relating to Infrastructure Fund projects.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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. 299) 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. 333, Basing school nurse ratio on total net enrollment.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Prezioso, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 336, Changing failure to wear seatbelt to primary offense.
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, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: Boley and Sypolt--2.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 336) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 473, Clarifying civil service job posting provisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 473) 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. 694, Creating intrastate mutual aid system.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent was granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Kessler, the following amendment to the bill was reported by the Clerk and adopted:
O
n page seven, section twenty-eight, line one hundred one, by striking out the word "through" and inserting in lieu thereof the words "to the Division of Homeland Security and Emergency Management through the designated County Emergency Management Director by".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 694 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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. 694) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
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. 694) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for H. B. No. 2795) 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. 15, Limiting certain parks and recreation entities' liability.
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. 55, Limiting Social Security number requirement in securing state services.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Kessler, the bill was rereferred to the Committee on the Judiciary.
Com. Sub. for Senate Bill No. 56, Awarding National Board for Professional Teaching Standards salary bonus to certain teachers.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 286, Expanding prepaid limited health service organizations services.
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. 419, Creating Healthy Lifestyles Restaurant Calorie Posting Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 450, Allowing Public Employees Insurance Agency enter into capitated provider arrangements.
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. 461, Extending selenium effluent limits compliance time.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
On page three, section six, line thirty-one, after the word "findings" by inserting the words "and submitting the report to the Joint Committee on Government and Finance".
The bill (Com. Sub. for S. B. No. 461), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 470, Regulating all-terrain vehicles on Hatfield-McCoy Trail.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 483, Creating Caregivers Consent Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 490, Authorizing Mercer County Commission appoint emergency operations center board.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 515, Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 519, Authorizing Governor institute employee furlough program.
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. 533, Updating terms in consumers sales and service tax.
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. 554, Requiring sex offender registry fee.
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. 573, Continuing Pharmaceutical Cost Management Council as advisory council.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 575, Relating to gaming operations at historic resort hotel.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 595, Relating to assignment of child support obligations.
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. 612, Relating to willful nonpayment of child support.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 632, Requiring insurers share certain information with Bureau for Medical Services.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 636, Finding and declaring certain claims against state.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 760, Authorizing Supreme Court to develop pilot pre-trial release programs.
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. 142, Relating to Tourism Development Act.
Com. Sub. for Senate Bill No. 172, Authorizing Department of Administration promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 282, Relating to retail liquor licenses' classification.
Com. Sub. for Senate Bill No. 327, Relating to mini-trucks registration and operation.
Senate Bill No. 431, Providing in-state medical providers notice of small group health benefit plan.
Com. Sub. for Senate Bill No. 439, Permitting State Police Superintendent consult with Insurance Commissioner.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Requiring State Auditor perform delinquent land sales paper processing responsibilities.
Senate Bill No. 452, Relating to Public Employees Insurance Agency underwriting nonstate employer groups.
Com. Sub. for Senate Bill No. 484, Relating to ad valorem property taxes.
Senate Bill No. 488, Requiring parental consent for minor using tanning facility.
Senate Bill No. 507, Relating to Clean Coal Technology Council's powers and duties.
Com. Sub. for Com. Sub. for Senate Bill No. 532, Creating WV SAFE Mortgage Licensing Act.
Com. Sub. for Senate Bill No. 561, Requiring county land surveyors be licensed.
Com. Sub. for Senate Bill No. 585, Limiting amount of free residential solid waste disposal.
Senate Bill No. 610, Relating to Film Industry Investment Act.
Com. Sub. for Senate Bill No. 613, Clarifying coalbed methane notice requirements.
Com. Sub. for Senate Bill No. 649, Increasing Capitol Building Commission membership.
Com. Sub. for Senate Bill No. 672, Creating Mental Health Stabilization Act of 2009.
Com. Sub. for Senate Bill No. 674, Requiring Division of Personnel Director develop demographic information survey.
Com. Sub. for Senate Bill No. 695, Relating to payment for certain state employees' unused sick leave.
Com. Sub. for Senate Bill No. 706, Creating State Police leave donation program.
Senate Bill No. 719, Allowing certain police officers keep weapon after retirement.
Senate Bill No. 753, Relating to land development ordinances.
Senate Bill No. 761, Relating to illegal entries upon certain property.
Senate Bill No. 762, Relating to volunteer firefighters' Length of Service Awards Program.
And,
Senate Bill No. 763, Clarifying Racing Commission's authority over certain thoroughbred race horses' registration.
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 Bowman and Prezioso.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate recessed until 2:30 p.m. today.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 84, Authorizing municipalities to provide free parking for certain veterans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 84 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-12a, relating to municipalities; and authorizing, by ordinance, certain veterans to park free.
And,
Senate Bill No. 274, Allowing county boards of education enter into lease-purchase agreements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 274 (originating in the Committee on Government Organization)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c; and to amend and reenact §18-9D-3 and §18-9D- 15 of said code, all relating to allowing a county board of education to enter into lease-purchase agreements; and allowing the School Building Authority to provide one-time grants to a county board of education for the purpose of entering into lease-purchase agreements for the construction of school facilities.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Snyder, unanimous consent being granted, Committee Substitute for Senate Bill No. 84 contained in the preceding report from the Committee on Government Organization 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.
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. 274 contained in the foregoing report from the Committee on Government Organization.
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. 388, Creating new vehicle purchase tax credit.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 388 (originating in the Committee on Transportation and Infrastructure)-A Bill
to amend and reenact §11-15-3c of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-15-9m, all relating to providing an exemption from the motor vehicle sales tax for the purchase in this state of a motor vehicle during a certain time period in the calendar year 2009; and providing a motor vehicle sales tax holiday for sales in this state of certain fuel-efficient vehicles during a certain time period in each of the calendar years 2009, 2010 and 2011.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 388) contained in the preceding report from the Committee on Transportation and Infrastructure 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 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. 621, Allowing private property owner to prohibit concealed weapons.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 621 (originating in the Committee on the Judiciary)-A Bill
to amend and reenact §61-7-14 of the Code of West Virginia, 1931, as amended, relating to only allowing a private owner, lessee or other person charged with the care, custody and control of real property to prohibit the carrying, openly or concealed, of any firearm or deadly weapon on private property under his or her domain; and clarifying that municipal and county governments are not entities for purposes of this section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 621) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 641, Disclosing solid waste origins at commercial landfills.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 641 (originating in the Committee on Transportation and Infrastructure)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24A-2-4b, relating generally to disclosures regarding the origin of solid waste deposited in commercial landfills and transfer stations in this state; requiring the operator-driver of every solid waste motor carrier who deposits solid waste in a commercial landfill or transfer station to declare in writing, under oath, and to provide to certain entities, the name of the county and state of origin of the solid waste being deposited at the commercial landfill or transfer station; and providing criminal penalties against an operator-driver or owner of a solid waste motor carrier.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 641) contained in the preceding report from the Committee on Transportation and Infrastructure 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 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. 714, Relating to alternative sentencing programs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 714 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §62-11A-1a of the Code of West Virginia, 1931, as amended, relating to sentencing alternatives; and removing authority of probation officers to administer alternative sentencing programs and granting community corrections boards such authority.
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. 740, Relating to obscene, harassing and threatening computer communications.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 740 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §61-3C-14a of the Code of West Virginia, 1931, as amended, relating to obscene, anonymous, harassing and threatening communications by the internet; publishing false statements via the internet designed to injure the reputation of another; and setting penalties therefore.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 741, Requiring Public Land Corporation provide free gas rights in public land leases.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Laird, unanimous consent being granted, the bill (S. B. No. 741) contained in the preceding report from the Committee on Natural 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 the Judiciary, with an amendment from the Committee on Natural Resources 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. 764 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §3-6-9 of the Code of West Virginia, 1931, as amended, relating to election recount procedures; providing that certification of results in multiple county races will not be made final until each county has declared results of election; and requiring Secretary of State notify each county that results have been declared.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 764) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
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. 765 (originating in the Committee on Transportation and Infrastructure)--A Bill
to amend and reenact §11-24-43a of the Code of West Virginia, 1931, as amended; and to amend and reenact §17-16B-7a of said code, all relating to eliminating certain provisions on the expiration date for requiring the deposit of moneys in the Special Railroad and Intermodal Enhancement Fund; eliminating the limit on the total amount to be deposited into the fund for the year 2016; and relating to expanding and clarifying the purposes of the Special Railroad and Intermodal Enhancement Fund to include expending funds for commuter railways and related structures and to conduct studies and to develop plans for railways and intermodal facilities.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
John R. Unger II,
Chair.

At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 765) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Unger, the bill was then referred to the Committee on Finance.
On motion of Senator Chafin, leaves of absence for the day were granted Senators K. Facemyer and Guills.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until Monday, March 30, 2009, at 11 a.m.
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