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sdj-06th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

SIXTH DAY

____________

Charleston, W. Va., Monday, January 16, 2012

     The Senate met at 1 p.m.
(Senator Kessler, Mr. President, in the Chair.)

     Prayer was offered by the Reverend Nahum Balser, Antioch Advent Christian Church, Elkview, West Virginia.
     The
Appalachian Children's Chorus, Charleston, West Virginia, then proceeded in the singing of "My Home Among the Hills" and "Take Me Home, Country Roads" accompanied by Olga Young on the piano.
     Pending the reading of the Journal of Friday, January 13, 2012,
     On motion of Senator Jenkins, 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 Clerk presented a communication from the Board of Veterinary Medicine, submitting its annual report for fiscal year 2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.
     Which communication and report were received and filed with the Clerk.
     The Senate proceeded to the sixth order of business.
     On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
     By Senators Plymale, Wells, Browning, Edgell, Boley, Stollings, Jenkins, Foster, Yost and Beach:
     Senate Bill No. 186--A Bill to amend and reenact §18A-4-2, §18A-4-5 and §18A-4-8a of the Code of West Virginia, 1931, as amended, all relating to providing salary equity supplement payments to teachers and service personnel in order to achieve salary equity among the counties; specifying the amounts of those equity supplements; requiring the Department of Education to request additional funds if it determines the equity objective is not being met; clarifying the amount of equity supplement to be paid from state funds; and deleting obsolete provisions.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Stollings, Laird, Miller, Palumbo, Prezioso, Wills, Yost and Foster:
     Senate Bill No. 187--A Bill to amend and reenact §30-4-17 of the Code of West Virginia, 1931, as amended, relating to activities that may be performed by a dental hygienist without a prior exam by a dentist.
     Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
     By Senators Plymale, Browning, Edgell and Stollings:
     Senate Bill No. 188--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-9A-9, relating to extending certain deadlines for mandated actions regarding higher education personnel.
     Referred to the Committee on Education.
     By Senators Foster, Browning, Fanning, Jenkins, Minard, Tucker, Wills, Barnes, K. Facemyer and Stollings:
     Senate Bill No. 189--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6, §53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13, §53-8-14, §53-8-15, §53-8-16, §53-8-17 and §53-8-18, all relating to personal safety orders; confidentiality of proceedings; who may file a petition; contents of petition; temporary hearing and relief available; contents of temporary order; respondent's opportunity to be heard; notice to respondent; final hearing and forms of relief; modification and rescission; appeals; criminal penalties; priority of petitions; fees and costs; service by law enforcement; rules and forms; limitation on use of information; immunity from liability; and the sealing of records.
     Referred to the Committee on the Judiciary.
     By Senators Palumbo, Minard, Foster, Nohe, McCabe, Jenkins, Klempa, Miller, Yost and Beach:
     Senate Bill No. 190--A Bill to amend and reenact §11-1C-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-3-1 of said code, all relating to limiting the amount a property reappraisal can increase over the previous amount; and clarifying the limitation does not apply to natural resources property.
     Referred to the Committee on Finance.
     By Senators Kessler (Mr. President), Stollings, Unger, Laird and Jenkins:
     Senate Bill No. 191--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §62-10A-1, §62-10A-2, §62-10A-3, §62-10A-4, §62-10A-5, §62-10A-6, §62-10A-7, §62-10A-8, §62-10A-9, §62-10A-10, §62-10A-11, §62-10A-12, §62-10A-13, §62-10A-14, §62-10A-15, §62-10A-16, §62- 10A-17, §62-10A-18, §62-10A-19, §62-10A-20, §62-10A-21, §62-10A-22, §62-10A-23, §62-10A-24, §62-10A-25, §62-10A-26, §62-10A-27 and §62- 10A-28, all relating to criminal procedure; providing for the protection of nonfamily or nonhousehold members; setting forth the purpose of the article; defining terms; establishing jurisdiction of magistrate and circuit courts; establishing venue for actions; establishing procedures for filing petitions, hearings, entry of orders and contents of orders; declaring orders effective statewide; establishing means of service of process; making proceedings confidential; making rules of evidence applicable to proceedings; establishing time periods for orders; prohibiting mutual orders; establishing procedures for appeals and pursuing of records; requiring orders be filed in domestic violence database; limiting use of information obtained during proceedings; allowing for civil contempt for violations of orders; creating criminal offenses for violations of protection orders; directing Supreme Court of Appeals to create forms; granting immunity to persons seeking orders; orders in good faith; and establishing misdemeanor and felony criminal penalties.
     Referred to the Committee on the Judiciary.
     By Senators Kessler (Mr. President) and Stollings:
     Senate Bill No. 192--A Bill to amend and reenact §61-11-25 of the Code of West Virginia, 1931, as amended, relating to filing a civil petition for expungement of records relating to an arrest or charges relating to the arrest when found not guilty of the offense or charges have been dismissed; and providing that no filing fees or costs be charged for processing the action.
     Referred to the Committee on the Judiciary.
     By Senators Kessler (Mr. President), Laird, Unger, Jenkins, Foster, Miller and Yost:
     Senate Bill No. 193--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating to creating a commission to develop a pilot program to help at-risk youth in West Virginia; composition of the commission; powers and duties of the commission; outcome recommendations for pilot program; goals of the pilot program; and operation of the pilot program.
     Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
     By Senators Stollings, Laird, Foster, Kessler (Mr. President), Snyder and Miller:
     Senate Bill No. 194--A Bill to amend and reenact §5-16-7 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend and reenact §33-16E-2 of said code; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of maternity and contraceptive services in certain circumstances; providing maternity and contraceptive services for all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under the policy; and modifying required benefits for public employees insurance, accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations.
     Referred to the Committee on Banking and Insurance.
     By Senators Plymale, Stollings and Jenkins:
     Senate Bill No. 195--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5, §9-4F-6, §9-4F-7, §9-4F-8, §9-4F-9, §9-4F-10 and §9-4F-11, all relating to improving program integrity for Medicaid and the Children's Health Insurance Program by implementing waste, fraud and abuse prevention, detection and recovery; legislative intent; definitions; data verification and provider screening technology solutions; state-of-the-art clinical code editing technology; state-of-the-art predictive modeling and analytics technologies; implementation of fraud investigative services combining retrospective claims analysis and prospective waste, fraud or abuse detection; implementation of Medicaid and Children's Health Insurance Program claims audit and recovery services; contracting with or using contractor selection process with information from the Cooperative Purchasing Network; providing contract entities with appropriate access to claims and other data; and reports required filed with the Legislature.
     Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
     By Senators Stollings, Laird, Miller, Palumbo, Prezioso, Wills, Yost, Jenkins and Foster:
     Senate Bill No. 196--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-3-1a, relating to providing a loan forgiveness program for dentists and hygienists.
     Referred to the Committee on Education; and then to the Committee on Finance.
     By Senators Laird, Foster, Edgell, Plymale, Wills, Boley, Unger, Kessler (Mr. President) and Jenkins:
     Senate Bill No. 197--A Bill to amend and reenact §18A-3-1 and 18A-3-2a of the Code of West Virginia, 1931, as amended, all relating to authorizing teacher-in-residence programs for certain prospective teachers in lieu of student teaching; defining teacher- in-residence programs and providing minimum requirements; providing use of certain funds for program support and student stipend; creating teacher-in-residence permit and specifying conditions; conforming sections to other provisions of law and removing duplicative and outdated language; and authorizing counties with comprehensive induction programs to use consistent structure for supervision and training of student teachers.
  Referred to the Committee on Education.
  By Senators Stollings, Laird, Miller, Palumbo, Prezioso, Wills, Yost, Kessler (Mr. President), Foster and Barnes:
  Senate Bill No. 198--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §9-5-12a, relating to the Department of Health and Human Resources and Medicaid; and requiring the coverage by Medicaid of dental services for the mother of a child who is the recipient of Medicaid services.
  Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
  By Senators Unger, Prezioso, Beach, Edgell, Laird, Miller, Foster, Hall, Palumbo, Stollings, Wells, Wills and Snyder:
  Senate Bill No. 199--A Bill to amend and reenact §1-2-3 of the Code of West Virginia, 1931, as amended, relating to the composition of congressional districts; and providing legislative findings.
  Referred to the Select Committee on Redistricting.
  By Senators Williams, K. Facemyer, Fanning, Helmick, Miller, Stollings and Jenkins:
  Senate Bill No. 200--A Bill to amend and reenact §11-13A-3b of the Code of West Virginia, 1931, as amended, relating to eliminating the timber severance tax for an additional three years.
  Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
  By Senators Laird, Stollings, Foster, Miller, Palumbo, Prezioso, Wills, Yost, Unger, Jenkins, Browning and Snyder:
  Senate Bill No. 201--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team under the Office of the Chief Medical Examiner; setting forth membership of the team; setting forth responsibilities of the team; providing for certain actions the team may not take in exercising its duties; providing for an annual report to the Governor and Legislature and its contents; providing for confidentiality of the team's proceedings, records and opinions; setting forth record-keeping requirements; requiring other state agencies, hospitals and other health agencies to cooperate with the team; and granting rule-making authority.
  Referred to the Committee on Health and Human Resources.
  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 Senator Unger.
  Thereafter, at the request of Senator Prezioso, and by unanimous consent, the remarks by Senator Unger were ordered printed in the Appendix to the Journal.
  Pending announcement of meetings of standing committees of the Senate,
  On motion of Senator Unger, the Senate adjourned until tomorrow, Tuesday, January 17, 2012, at 11 a.m.
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