Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home
SENATE (2009)(RS):| Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


Opening Day
Day 1
Day 2
Day 3
Day 6
Day 7
Day 8
Day 9
Day 10
Day 13
Day 14
Day 15
Day 16
Day 17
Day 20
Day 21
Day 22
Day 23
Day 24
Day 27
Day 28
Day 29
Day 30
Day 31
Day 34
Day 35
Day 36
Day 37
Day 38
Day 41
Day 42
Day 43
Day 44
Day 45
Day 48
Day 49
Day 50
Day 51
Day 52
Day 55
Day 56
Day 57
Day 58
Day 59
Day 60
Day 61
Day 105
Day 106
Day 107
Day 108
Day 110
sdj-52nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTY-SECOND DAY

____________

Charleston, W. Va., Friday, April 3, 2009

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

Prayer was offered by
the Right Reverend W. Michie Klusmeyer, Bishop, Episcopal Diocese of West Virginia, Charleston, West Virginia .
Pending the reading of the Journal of Thursday, April 2, 2009,
On motion of Senator Snyder, 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 adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 55--Expressing the will of the Legislature urging President Obama to support the efforts of the Republic of China (Taiwan) to meaningfully participate in the specialized agencies of the United Nations.
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 and request concurrence therein.
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 2nd day of April, 2009, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(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.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 24, Requesting Joint Committee on Government and Finance study implementing year-round school.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 24 (originating in the Committee on Education)--
Requesting the Joint Committee on Government and Finance study the various benefits and burdens of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade.
Whereas, Proponents of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade believe the implementation would result in a higher quality of education in various respects being provided to all West Virginia public school students; and
Whereas, Proponents and detractors of a year-round, 200-day school year acknowledge there may be issues regarding the current inventory of all facilities within the West Virginia public school system that would be used to educate the West Virginia public school students; and
Whereas, The proponents and detractors acknowledge there also may be concerns regarding proper compensation for all individuals employed by the public school system within West Virginia if the year-round, 200-day school year is implemented; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the various benefits and burdens of implementing a year-round, 200-day school year for our state public education system from prekindergarten through twelfth grade; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

With the recommendation that the committee substitute be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Robert H. Plymale,
Chair.
The resolution (Com. Sub. for S. C. R. No. 24), under the original double committee reference, was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2225, Authorizing the Department of Education and the Arts to Promulgate Legislative Rules.
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 (Eng. Com. Sub. for H. B. No. 2225) 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2305, Revising appointment and compensation provisions of the Supreme Court Clerk and his or her staff.
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,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2305) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2404, Relating to inmate reimbursement for medical services provided to persons held in regional jails.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 2404) was taken up for immediate consideration, read a first time and ordered to second reading.
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
Eng. Com. Sub. for House Bill No. 2444, Creating the Legislative Oversight Commission on Long-Term Care.
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 Rules.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Rules, with an amendment from the Committee on Health and Human 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
Eng. House Bill No. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
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 (Eng. H. B. No. 2474) 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 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
Eng. Com. Sub. for House Bill No. 2504, Establishing the Silver Alert Plan, an alert system for missing cognitively impaired persons.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2538, Relating to supplemental funding for the provision of alternative programs for limited English proficient students.
And has amended same.
Eng. Com. Sub. for House Bill No. 3208, Including the hours of training county board members have acquired.
And has amended same.
And,
Eng. House Bill No. 3229, Relating to creation of the Science and Research Council.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; 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 Plymale, unanimous consent being granted, Engrossed Committee Substitute for House Bill No. 2538 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
, with an amendment from the Committee on Education pending.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of Engrossed Committee Substitute for House Bill No. 3208 and Engrossed House Bill No. 3229 contained in the foregoing report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being granted, the bills were each taken up for immediate consideration, read a first time and ordered to second reading.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 2694, Establishing certain requirements for modification of custodial rights for parent's or guardian's that have been deployed to the United States Armed Forces.
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,
Erik P. Wells,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Military pending.
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
Eng. Com. Sub. for House Bill No. 2701, Relating to an escape of any person from the custody of the Division of Juvenile Services.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with amendments from the Committee on Health and Human 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
Eng. Com. Sub. for House Bill No. 2719, Relating to the sale and distribution of craft beer.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2719) 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2737, Authorizing the Administrative Director of the Supreme Court of Appeals to hire regional or specialized probation officers.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2737) 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 Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2738, Registering protective orders with the West Virginia Supreme Court of Appeals.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2738) 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 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
Eng. Com. Sub. for House Bill No. 2839, Relating to the management of pain by Physicians.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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
Eng. Com. Sub. for House Bill No. 3076, Relating to the regulation and operation of cranes.
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 (Eng. Com. Sub. for H. B. No. 3076) 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 Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 3155, Relating to the renewal of the West Virginia Small Business Linked Deposit Program.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bill (Eng. H. B. No. 3155) contained in the preceding report from the Committee on Economic Development 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, with an amendment from the Committee on Economic Development pending.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 3196, Declaring certain claims against the state and its agencies to be moral obligations of the state.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Petitions

Senator Plymale presented a petition from Susan J. England and twenty-five West Virginia residents, opposing Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 249 (Relating to annual school calendar).
Referred to the Committee on Education.
Senator Plymale presented a petition from Pearl Tipton and numerous Mercer County residents, opposing proposed August 10 start date for schools.
Referred to the Committee on Education.
Senator Plymale presented a petition from Alexander Perdue and numerous West Virginia 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 Williams presented a petition from Debbie Carpenter and numerous West Virginia residents, supporting Engrossed Committee Substitute for Senate Bill No. 327 (Relating to mini-trucks registration and operation).
Referred to the Committee on Transportation and Infrastructure.
Senator Chafin announced that in the meeting of the Committee on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had returned to the Senate second reading calendar, Engrossed Committee Substitute for House Bill No. 2660 and Engrossed House Bill No. 3189.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 34, Requesting Division of Highways name portion of U. S. 52 "R. A. West Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 35, Requesting Division of Highways name bridge in Mercer County "Staff Sergeant Stanley Brian Reynolds Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 38, Requesting Division of Highways name Route 9 from Martinsburg to Berkeley Springs "Ray Johnston Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 43, Requesting Division of Highways name bridge in Grafton "Bearcat Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 44, Requesting Division of Highways name Route 3 in Racine "Barry Lutsy Memorial Highway".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 46, Requesting Division of Highways name bridge in Braxton County "Harold V. Long Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting Division of Highways name bridge in Mercer County "Corporal Ray B. Cheatwood, Jr., Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
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 and request concurrence therein.
Senate Concurrent Resolution No. 51, Requesting Joint Committee on Government and Finance study use of alternative fuels and biofuels.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Energy, Industry and Mining; and then to the Committee on Rules.
Senate Concurrent Resolution No. 52, Requesting Joint Committee on Government and Finance study registration and operation of mini-trucks.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 53, Requesting Joint Committee on Government and Finance study State Rail Plan.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 54, Requesting Joint Committee on Government and Finance study green initiatives.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 55, Requesting Joint Committee on Government and Finance study regulating railroad walkways.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Com. Sub. for Senate Resolution No. 17, Requesting Congress reexamine law regarding children's recreational vehicles.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
House Concurrent Resolution No. 4, CBM Howard W. Bannister Memorial Bridge.
On unfinished business, coming up in regular order, was reported by the Clerk.
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.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 286, Expanding prepaid limited health service organizations services.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Finance.
Eng. Senate Bill No. 450, Allowing Public Employees Insurance Agency enter into capitated provider arrangements.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Banking and Insurance.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 649, Increasing Capitol Building Commission membership.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Government Organization.
Eng. Com. Sub. for House Bill No. 2660, Expanding the definition of limited health care service.
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.
Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for higher education.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. House Bill No. 3189, Adding members to the Capitol Building Commission.
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.
Eng. Com. Sub. for House Bill No. 3275, Changing the date through which governmental entities are required to purchase workers' compensation.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the 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:
Eng. House Bill No. 2069, Increasing the faculty senate allotment for classroom teachers and librarians.
Eng. House Bill No. 2651, Repealing article regulating male breeding animals.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy Sheriff Retirement System Act.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State Teachers Retirement System.
Eng. House Bill No. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
Eng. Com. Sub. for House Bill No. 2757, Relating to financial audits of insurers.
Eng. House Bill No. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety.
And,
Eng. Com. Sub. for House Bill No. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Oliverio.
Pending announcement of meetings of standing committees of the Senate, including the Committee on Rules,
On motion of Senator Edgell, the Senate adjourned until Monday, April 6, 2009, at 11 a.m.
____________

This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ***