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SENATE (2009)(RS):| Bill History | Topical Index | Committee Schedule | Calendar | Journal | Menu |

Senate Journal


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sdj-15th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, February 25, 2009

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

Prayer was offered by Pastor Terry Hogue, Maranatha Fellowship Church, St. Albans, West Virginia.
Pending the reading of the Journal of Tuesday, February 24, 2009,
On motion of Senator Barnes, 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 Office of the Insurance Commissioner, submitting its report on personal auto insurance rates and availability as required by chapter thirty- three, article six-a, section four-c of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Legislative Rule-Making Review Committee, submitting its annual report, in accordance with chapter twenty-nine-a, article three, section twelve of the code of West Virginia.
Which report was received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of Tax Appeals, submitting its annual report as required by chapter eleven, article ten-a, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, consisting of executive nominations for appointees:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

February 24, 2009

Senate Executive Message No. 2



TO:The Honorable Members of the
West Virginia Senate
Ladies and Gentlemen:
I respectfully submit the following nominations for your advice and consent:
1.For Member, West Virginia University Board of Governors, Dr. Charles Vest, Washington, D. C., for the term ending June 30, 2012.
2.For Member, West Virginia University Board of Governors, Oliver Luck, Houston, Texas, for the term ending June 30, 2012.
3.For Member, West Virginia University Board of Governors, Ray Lane, Atherton, California, for the term ending June 30, 2012.
4.For Member, Fairmont State University Board of Governors, H. Skip Tarasuk, Jr., Fairmont, Marion County, for the term ending June 30, 2012.
5.For Member, Fairmont State University Board of Governors, James Kettering, Fairmont, Marion County, for the term ending June 30, 2011.
6.For Member, Fairmont State University Board of Governors, Ron Tucker, Fairmont, Marion County, for the term ending June 30, 2012.
7.For Member, Fairmont State University Board of Governors, Mark Pallotta, Fairmont, Marion County, for the term ending June 30, 2012.
8.For Member, Parkways, Economic Development and Tourism Authority, Victor Grigoraci, Charleston, Kanawha County, for the term ending May 31, 2011.
9.For Member, Public Port Authority, Mark Carroll, Buckhannon, Upshur County, for the term ending June 30, 2011.
10.For Member, Clay Center Board of Directors, Jane Kopp, Huntington, Cabell County, for the term ending June 30, 2010.
11.For Member, Clay Center Board of Directors, Laurance Jones III, Looneyville, Roane County, for the term ending June 30, 2011.
12.For Member, Clay Center Board of Directors, Harry Esbenshade, Vienna, Wood County, for the term ending June 30, 2010.
13.For Member, Clay Center Board of Directors, Bobby Nicholas, Morgantown, Monongalia County, for the term ending June 30, 2009.
14.For Member, Clay Center Board of Directors, Diane Dailey, Martinsburg, Berkeley County, for the term ending June 30, 2010.
15.For Member, Clay Center Board of Directors, Shirley Phillips, Ghent, Raleigh County, for the term ending June 30, 2011.
16.For Member, Clay Center Board of Directors, Joan Weisburg, Huntington, Cabell County, for the term ending June 30, 2011.
17.For Member, Board of Dental Examiners, Dr. Craig Meadows, Shenandoah Junction, Jefferson County, for the term ending June 30, 2013.
18.For Member, Real Estate Appraiser Licensing and Certification Board, Charles Robilliard, Hepzibah, Harrison County, for the term ending June 30, 2011.
19.For Member, Marshall University Board of Governors, Letitia Neese Chafin, Williamson, Mingo County, for the term ending June 30, 2012.
20.For Member, Marshall University Board of Governors, John G. Hess, Barboursville, Cabell County, for the term ending June 30, 2012.
21.For Member, Marshall University Board of Governors, Verna Gibson, Sarasota, Florida, for the term ending June 30, 2012.
22.For Member, Public Employees Insurance Agency Finance Board, Perry Bryant, Charleston, Kanawha County, for the term ending June 30, 2012.
23.For Member, Public Employees Insurance Agency Finance Board, Bill Ihlenfeld, Wheeling, Ohio County, for the term ending June 30, 2012.
24.For Member, Public Employees Insurance Agency Finance Board, The Honorable Joe Smith, Charleston, Kanawha County, for the term ending June 30, 2012.
25.For Member, Manufactured Housing Construction and Safety Board, Thomas Belasco, Bridgeport, Harrison County, for the term ending June 30, 2012.
26.For Member, Manufactured Housing Construction and Safety Board, Samuel L. Bonasso, Fairmont, Marion County, for the term ending June 30, 2014.
27.For Member, Manufactured Housing Construction and Safety Board, Jack Albert, Charleston, Kanawha County, for the term ending June 30, 2014.
28.For Member, Manufactured Housing Construction and Safety Board, Robert F. Miller, Charleston, Kanawha County, for the term ending June 30, 2012.
29.For Member, Motorcycle Safety Awareness Board, Edward L. Burns, Harpers Ferry, Jefferson County, for the term ending June 30, 2011.
30.For Member, Commission on Holocaust Education, Brenda Williams, Buckhannon, Upshur County, for the term ending June 30, 2011.
31.For Member, Pierpont Community and Technical College Board of Governors, Earl McConnell, Fairmont, Marion County, for the term ending June 30, 2012.
32.For Member, Pierpont Community and Technical College Board of Governors, Dixie Copley, Fairmont, Marion County, for the term ending June 30, 2010.
33.For Member, Pierpont Community and Technical College Board of Governors, Linda Aman, Jane Lew, Lewis County, for the term ending June 30, 2010.
34.For Member, Pierpont Community and Technical College Board of Governors, James Griffin, Bridgeport, Harrison County, for the term ending June 30, 2010.
35.For Member, Pierpont Community and Technical College Board of Governors, Larry Mazza, Bridgeport, Harrison County, for the term ending June 30, 2010.
36.For Member, Pierpont Community and Technical College Board of Governors, L. Eugene Weaver, Fairmont, Marion County, for the term ending June 30, 2012.
37.For Member, Pierpont Community and Technical College Board of Governors, Kyle Hamilton, Fairmont, Marion County, for the term ending June 30, 2012.
38.For Member, Pierpont Community and Technical College Board of Governors, Jeff Tucker, Bridgeport, Harrison County, for the term ending June 30, 2012.
39.For Member, Pierpont Community and Technical College Board of Governors, John P. Jones, Jr., Fairmont, Marion County, for the term ending June 30, 2012.
40.For Member, Southern West Virginia Community and Technical College Board of Governors, Glenn Yost, Logan, Logan County, for the term ending June 30, 2012.
41.For Member, Southern West Virginia Community and Technical College Board of Governors, Thomas A. Heywood, Charleston, Kanawha County, for the term ending June 30, 2012.
42.For Member, Southern West Virginia Community and Technical College Board of Governors, Jada Hunter, Williamson, Mingo County, for the term ending June 30, 2012.
43.For Member, Shallow Gas Well Review Board, Randy Hansford, Ghent, Raleigh County, to serve at the will and pleasure of the Governor.
44.For Member, School Building Authority, Connie Perry, Berkeley Springs, Morgan County, for the term ending July 31, 2010.
45.For Member, Board of Pharmacy, Lydia Main, Masontown, Preston County, for the term ending June 30, 2013.
46.For Member, West Virginia University Parkersburg Board of Governors, The Honorable Keith Burdette, Vienna, Wood County, for the term ending June 30, 2012.
47.For Member, West Virginia University Parkersburg Board of Governors, Joe Campbell, Parkersburg, Wood County, for the term ending June 30, 2012.
48.For Member, West Virginia University Parkersburg Board of Governors, Gerard El Chaar, Vienna, Wood County, for the term ending June 30, 2010.
49.For Member, West Virginia University Parkersburg Board of Governors, William H. Hopkins, Parkersburg, Wood County, for the term ending June 30, 2012.
50.For Member, West Virginia University Parkersburg Board of Governors, Curtis P. Miller, Vienna, Wood County, for the term ending June 30, 2012.
51.For Member, West Virginia University Parkersburg Board of Governors, The Honorable Gregory K. Smith, Vienna, Wood County, for the term ending June 30, 2012.
52.For Member, West Virginia University Parkersburg Board of Governors, Rock Wilson, Pennsboro, Ritchie County, for the term ending June 30, 2010.
53.For Member, West Virginia University Parkersburg Board of Governors, Cindy Bullock, Vienna, Wood County, for the term ending June 30, 2010.
54.For Member, Affordable Housing Trust Fund Board of Directors, Kevin Wilfong, Fairmont, Marion County, for the term ending June 30, 2011.
55.For Member, Affordable Housing Trust Fund Board of Directors, Ray Joseph, Charleston, Kanawha County, for the term ending June 30, 2011.
56.For Member, Affordable Housing Trust Fund Board of Directors, Virginia Lewis, Charleston, Kanawha County, for the term ending June 30, 2011.
57.For Member, Affordable Housing Trust Fund Board of Directors, Mary Skeens, Charleston, Kanawha County, for the term ending June 30, 2011.
58.For Member, Affordable Housing Trust Fund Board of Directors, Fred McDonald, Bridgeport, Harrison County, for the term ending June 30, 2011.
59.For Member, Affordable Housing Trust Fund Board of Directors, Marlo Scruggs, St. Albans, Kanawha County, for the term ending June 30, 2011.
60.For Member, Affordable Housing Trust Fund Board of Directors, Al Means, Martinsburg, Berkeley County, for the term ending June 30, 2011.
61.For Member, Marshall University Community and Technical College Board of Governors, Ruth Cline, Huntington, Cabell County, for the term ending June 30, 2012.
62.For Member, Marshall University Community and Technical College Board of Governors, Mark George, Huntington, Cabell County, for the term ending June 30, 2012.
63.For Member, Marshall University Community and Technical College Board of Governors, Bob Bailey, Huntington, Cabell County, for the term ending June 30, 2010.
64.For Member, Marshall University Community and Technical College Board of Governors, Mark Bugher, Huntington, Cabell County, for the term ending June 30, 2012.
65.For Member, Marshall University Community and Technical College Board of Governors, Susan Richardson, Huntington, Cabell County, for the term ending June 30, 2010.
66.For Member, Marshall University Community and Technical College Board of Governors, Mike Herron, Hurricane, Putnam County, for the term ending June 30, 2012.
67.For Member, Marshall University Community and Technical College Board of Governors, Jeffrey Porter, Huntington, Cabell County, for the term ending June 30, 2010.
68.For Member, Marshall University Community and Technical College Board of Governors, Jim Hale, Huntington, Cabell County, for the term ending June 30, 2012.
69.For Member, Public Energy Authority, Dean Cordle, Winfield, Putnam County, for the term ending June 30, 2011.
70.For Member, Board of Optometry, Dr. Gregory S. Moore, South Charleston, Kanawha County, for the term ending June 30, 2010.
71.For Member, Board of Optometry, Dr. Matthew Berardi, Fairmont, Marion County, for the term ending June 30, 2011.
72.For Member, Statewide Independent Living Council, Brenda Lamkin, Buckhannon, Upshur County, for the term ending June 30, 2011.
73.For Member, Statewide Independent Living Council, William C. Davis, Morgantown, Monongalia County, for the term ending June 30, 2011.
74.For Member, Statewide Independent Living Council, Brenda Goodfellow, Sistersville, Tyler County, for the term ending June 30, 2011.
75.For Member, Statewide Independent Living Council, David Sanders, Belle, Kanawha County, for the term ending June 30, 2011.
76.For Member, Statewide Independent Living Council, David Stewart, Charleston, Kanawha County, for the term ending June 30, 2011.
77.For Member, Statewide Independent Living Council, Scott Adkins, St. Albans, Kanawha County, for the term ending June 30, 2009.
78.For Member, Statewide Independent Living Council, Beverly Jones, Hurricane, Putnam County, for the term ending June 30, 2011.
79.For Member, Statewide Independent Living Council, Colin Mitchell, Harpers Ferry, Jefferson County, for the term ending June 30, 2011.
80.For Member, Statewide Independent Living Council, James Qualls, Huntington, Cabell County, for the term ending June 30, 2011.
81.For Member, Statewide Independent Living Council, Kevin Smith, Vienna, Wood County, for the term ending June 30, 2011.
82.For Member, Statewide Independent Living Council, Burl Anderson, Weirton, Hancock County, for the term ending June 30, 2011.
83.For Member, Marshall University Community and Technical College Board of Governors, Jason Moses, Huntington, Cabell County, for the term ending June 30, 2010.
84.For Member, Bluefield State College Board of Governors, Larry Ratliff, Cedar Bluff, Virginia, for the term ending June 30, 2011.
85.For Member, Probable Cause Review Board, Reverend James E. Shepherd II, Huntington, Cabell County, for the term ending June 30, 2010.
86.For Member, Ethics Commission, Joseph Trupo, Bridgeport, Harrison County, for the term ending June 30, 2013.
87.For Member, Elections Commission, Gary Collias, Charleston, Kanawha County, for the term ending June 30, 2014.
88.For Member, West Virginia University Parkersburg Board of Governors, Kennad Lee Skeen II, Ripley, Jackson County, for the term ending June 30, 2010.
89.For Member, Contractor Licensing Board, Jacob Meck, Green Bank, Pocahontas County, for the term ending June 30, 2011.
90.For Member, West Liberty State College Board of Governors, Richard Carter, Wheeling, Ohio County, for the term ending June 30, 2012.
91.For Member, West Liberty State College Board of Governors, Paul Limbert, Wheeling, Ohio County, for the term ending June 30, 2009.
92.For Member, West Liberty State College Board of Governors, Jim R. Stultz, Moundsville, Marshall County, for the term ending June 30, 2012.
93.For Member, Emergency Services Advisory Council, Steven McEntire, Clarksburg, Harrison County, for the term ending June 30, 2011.
94.For Member, Emergency Services Advisory Council, Richard Rock, Clarksburg, Harrison County, for the term ending June 30, 2011.
95.For Member, Emergency Services Advisory Council, Joe Coburn, Princeton, Mercer County, for the term ending June 30, 2011.
96.For Member, Emergency Services Advisory Council, John Ashcraft, New Cumberland, Hancock County, for the term ending June 30, 2009.
97.For Member, Emergency Services Advisory Council, Jim Kranz, Charleston, Kanawha County, for the term ending June 30, 2011.
98.For Member, Emergency Services Advisory Council, Connie Hall, Coal City, Raleigh County, for the term ending June 30, 2011.
99.For Member, Emergency Services Advisory Council, George Sovick III, Dunbar, Kanawha County, for the term ending June 30, 2011.
100.For Member, Emergency Services Advisory Council, Paul Seamann, Beckley, Raleigh County, for the term ending June 30, 2011.
101.For Member, Emergency Services Advisory Council, Marcel Malfregot, Jr., Clarksburg, Harrison County, for the term ending June 30, 2011.
102.For Member, Emergency Services Advisory Council, A. Gordon Merry, Huntington, Cabell County, for the term ending June 30, 2011.
103.For Member, Emergency Services Advisory Council, Scott Edwards, Hurricane, Putnam County, for the term ending June 30, 2011.
104.For Member, Emergency Services Advisory Council, Roger Curry, Fairmont, Marion County, for the term ending June 30, 2011.
105.For Member, Emergency Services Advisory Council, Donna Steward, Springfield, Hampshire County, for the term ending June 30, 2011.
106.For Member, Emergency Services Advisory Council, Glen Satterfield, Fairmont, Marion County, for the term ending June 30, 2011.
107.For Member, West Virginia State University Community and Technical College Board of Governors, Robert Manley, Charleston, Kanawha County, for the term ending June 30, 2010.
108.For Member, New River Community and Technical College Board of Governors, Leslie Baker, Beckley, Raleigh County, for the term ending June 30, 2009.
109.For Member, New River Community and Technical College Board of Governors, Deborah A. Hill, Summersville, Nicholas County, for the term ending June 30, 2009.
110.For Member, New River Community and Technical College Board of Governors, Albert A. Martine, Daniels, Raleigh County, for the term ending June 30, 2010.
111.For Member, New River Community and Technical College Board of Governors, Robert Farley, Princeton, Mercer County, for the term ending June 30, 2010.
112.For Member, New River Community and Technical College Board of Governors, Edward Knight, Lewisburg, Greenbrier County, for the term ending June 30, 2011.
113.For Member, New River Community and Technical College Board of Governors, Marilyn Leftwich, White Sulphur Springs, Greenbrier County, for the term ending June 30, 2011.
114.For Member, New River Community and Technical College Board of Governors, David Nalker, Lewisburg, Greenbrier County, for the term ending June 30, 2012.
115.For Member, New River Community and Technical College Board of Governors, Vickie Nutter, Craigsville, Nicholas County, for the term ending June 30, 2012.
116.For Member, New River Community and Technical College Board of Governors, E. T. Smith, Princeton, Mercer County, for the term ending June 30, 2012.
117.For Member, Broadband Deployment Council, Michael Kelemen, Hurricane, Putnam County, for the term ending December 31, 2011.
118.For Member, West Virginia State University Community and Technical College Board of Governors, Ian Burdett, South Charleston, Kanawha County, for the term ending June 30, 2010.
119.For Member, West Virginia State University Community and Technical College Board of Governors, Janna Inghram, Charleston, Kanawha County, for the term ending June 30, 2010.
120.For Member, West Virginia State University Community and Technical College Board of Governors, Donna Atkinson, Charleston, Kanawha County, for the term ending June 30, 2010.
121.For Member, West Virginia State University Community and Technical College Board of Governors, Greg Barker, Leon, Mason County, for the term ending June 30, 2012.
122.For Member, West Virginia State University Community and Technical College Board of Governors, Mark Dempsey, Charleston, Kanawha County, for the term ending June 30, 2012.
123.For Member, West Virginia State University Community and Technical College Board of Governors, Jan Vineyard, Charleston, Kanawha County, for the term ending June 30, 2012.
124.For Member, Marshall University Board of Governors, Dr. Joseph Touma, Huntington, Cabell County, for the term ending June 30, 2012.
125.For Member, Parole Board, Michael Trupo, Bridgeport, Harrison County, for the term ending June 30, 2013.
126.For Member, Board of Education, Louis Wade Linger, Jr., Fairmont, Marion County, for the term ending November 4, 2017.
127.For Member, Natural Resources Commission, Peter L. Cuffaro, Wheeling, Ohio County, for the term ending June 30, 2015.
128.For Interim Executive Officer, Center for Professional Development Board, Dr. Dixie Billheimer, Huntington, Cabell County, to serve at the will and pleasure of the Governor.
129.For Chief Administrative Law Judge, Workers' Compensation Board of Review, Rebecca Roush, Mason, Mason County, for the term ending December 1, 2011.
130.For Member, Board of Directors of the West Virginia United Health System, Inc., Mark R. Nesselroad, Morgantown, Monongalia County, for the term ending October 15, 2010.
131.For Superintendent, State Police, Timothy S. Pack, South Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
132.For Member, Board of Accountancy, Lee Fisher, Little Birch, Braxton County, for the term ending June 30, 2010.
133.For Member, Board of Accountancy, Robert S. Maust, Morgantown, Monongalia County, for the term ending June 30, 2011.
134.For Member, Board of Accountancy, Reed Spangler, Charleston, Kanawha County, for the term ending June 30, 2011.
135.For Member, Board of Accountancy, James M. Sturgeon, Charleston, Kanawha County, for the term ending June 30, 2010.
136.For Member, Board of Accountancy, John S. Bodkin, Jr., Wheeling, Ohio County, for the term ending June 30, 2009.
137.For Member, Board of Accountancy, Harold Davis, Lenore, Mingo County, for the term ending June 30, 2009.
138.For Member, Board of Accountancy, Don Nestor, Buckhannon, Upshur County, for the term ending June 30, 2010.
139.For Member, Board of Medicine, Reverend Richard Bowyer, Fairmont, Marion County, for the term ending June 30, 2013.
140.For Chief Administrative Law Judge, Office of Tax Appeals, Michele Duncan Bishop, Alum Creek, Kanawha County, for the term ending June 30, 2012.
141.For Member, Concord University Board of Governors, Brace R. Mullett, Charleston, Kanawha County, for the term ending June 30, 2010.
142.For Member, Water Development Board, John Miller III, Gerrardstown, Berkeley County, for the term ending June 30, 2014.
143.For Member, Workers' Compensation Board of Review, Rita F. Hedrick-Helmick, Charleston, Kanawha County, for the term ending December 31, 2014.
144.For Member, Blue Ridge Community and Technical College Board of Governors, Taylor Perry, Martinsburg, Berkeley County, for the term ending June 30, 2011.
145.For Member, Blue Ridge Community and Technical College Board of Governors, Maria Lorensen, Martinsburg, Berkeley County, for the term ending June 30, 2011.
146.For Member, Blue Ridge Community and Technical College Board of Governors, Jane Peters, Charles Town, Jefferson County, for the term ending June 30, 2012.
147.For Member, Blue Ridge Community and Technical College Board of Governors, Jim Rodgers, Martinsburg, Berkeley County, for the term ending June 30, 2013.
148.For Member, Blue Ridge Community and Technical College Board of Governors, Teresa E. McCabe, Martinsburg, Berkeley County, for the term ending June 30, 2010.
149.For Member, Blue Ridge Community and Technical College Board of Governors, Tina Combs, Martinsburg, Berkeley County, for the term ending June 30, 2009.
150.For Member, Blue Ridge Community and Technical College Board of Governors, Albert T. Britton, Charles Town, Berkeley County, for the term ending June 30, 2010.
151.For Member, Catastrophic Illness Commission, Frances Roberts-Buchanan, Lesage, Cabell County, for the term ending August 31, 2013.
152.For Member, Catastrophic Illness Commission, Jacques Williams, Morgantown, Monongalia County, for the term ending August 31, 2012.
153.For Member, Catastrophic Illness Commission, Sandra Cotton, Morgantown, Monongalia County, for the term ending August 31, 2013.
154.For Member, Catastrophic Illness Commission, John Davidson, Charleston, Kanawha County, for the term ending August 31, 2009.
155.For Member, Catastrophic Illness Commission, Patricia Davis, Romney, Hampshire County, for the term ending August 31, 2009.
156.For Acting Commissioner, Division of Motor Vehicles, Joe E. Miller, Hurricane, Putnam County, to serve at the will and pleasure of the Governor.
157.For Member, Workforce Investment Council, Joanne Jaeger Tomblin, Chapmanville, Logan County, for the term ending June 30, 2012.
158.For Member, Workforce Investment Council, Bob Newell, Parkersburg, Wood County, for the term ending June 30, 2012.
159.For Member, Workforce Investment Council, Jerry Berry, Hinton, Summers County, for the term ending June 30, 2012.
160.For Member, Workforce Investment Council, Roy Smith, Charleston, Kanawha County, for the term ending June 30, 2012.
161.For Member, Workforce Investment Council, Bill Rock, Snowshoe, Pocahontas County, for the term ending June 30, 2012.
162.For Member, Workforce Investment Council, Kenny Perdue, Charleston, Kanawha County, for the term ending June 30, 2012.
163.For Member, Workforce Investment Council, David Bell, Vienna, Wood County, for the term ending June 30, 2012.
164.For Member, Workforce Investment Council, Nancy Kessinger, Beckley, Raleigh County, for the term ending June 30, 2012.
165.For Member, Workforce Investment Council, Bill Menke, Belle, Kanawha County, for the term ending June 30, 2012.
166.For Member, Workforce Investment Council, Joe Chronley, Williamstown, Wood County, for the term ending June 30, 2012.
167.For Member, Workforce Investment Council, Jim Rock, New Martinsville, Wetzel County, for the term ending June 30, 2012.
168.For Member, Board of Medicine, Dr. Badshah J. Wazir, Charleston, Kanawha County, for the term ending September 30, 2013.
169.For Member, Commission on the Arts, Susan Stevenson Landis, Daniels, Raleigh County, for the term ending June 30, 2011.
170.For Member, Commission on the Arts, Selina Midkiff, Charleston, Kanawha County, for the term ending June 30, 2010.
171.For Member, Commission on the Arts, Penny Watkins, Huntington, Cabell County, for the term ending June 30, 2010.
172.For Member, Commission on the Arts, Sam Winans, Parkersburg, Wood County, for the term ending June 30, 2011.
173.For Member, Commission on the Arts, Dr. Bernie Schultz, Morgantown, Monongalia County, for the term ending June 30, 2011.
174.For Member, Commission on the Arts, Stephen G. Skinner, Shenandoah Junction, Berkeley County, for the term ending June 30, 2011.
175.For Member, Workforce Investment Council, Jason Parsons, Morgantown, Monongalia County, for the term ending June 30, 2012.
176.For Member, Workforce Investment Council, Wayne Morgan, Charleston, Kanawha County, for the term ending June 30, 2012.
177.For Member, Workforce Investment Council, John Sorrenti, Weirton, Hancock County, for the term ending June 30, 2012.
178.For Member, Workforce Investment Council, Frank Ellis, Wheeling, Ohio County, for the term ending June 30, 2012.
179.For Member, Workforce Investment Council, Kim Tieman, Charleston, Kanawha County, for the term ending June 30, 2012.
180.For Member, Board of Medicine, Beth Hayes, Bluefield, Mercer County, for the term ending September 30, 2012.
181.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Penney Hall, Winfield, Putnam County, for the term ending January 31, 2011.
182.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Jan Smith, Fairmont, Marion County, for the term ending January 31, 2011.
183.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Deborah Lovely, Charleston, Kanawha County, for the term ending January 31, 2011.
184.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Philip Mason, Fairmont, Marion County, for the term ending January 31, 2011.
185.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Jan Lilly Stewart, Dunbar, Kanawha County, for the term ending January 31, 2011.
186.For Member, Committee for the Purchase of Commodities and Services from the Handicapped, Everett Sullivan, Dunbar, Kanawha County, for the term ending January 31, 2011.
187.For Member, West Virginia University Board of Governors, Diane Lewis, Morgantown, Monongalia County, for the term ending June 30, 2009.
188.For Member, Athletic Commission, Brian Simpson, Beckley, Raleigh County, for the term ending June 30, 2009.
189.For Member, State Personnel Board, Elizabeth Walker, Charleston, Kanawha County, for the term ending June 30, 2013.
190.For Member, Parkways, Economic Development and Tourism Authority, Douglas M. Epling, Beckley, Raleigh County, for the term ending May 31, 2017.
191.For Member, Outdoor Heritage Conservation Fund Board of Trustees, David Warner, Shanks, Hampshire County, for the term ending June 30, 2012.
192.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Bob Baird, Gallipolis Ferry, Mason County, for the term ending June 30, 2012.
193.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Rodney Bartgis, Elkins, Randolph County, for the term ending June 30, 2012.
194.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Calvert Armbrecht, Charleston, Kanawha County, for the term ending June 30, 2012.
195.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Terrell Ellis, Charleston, Kanawha County, for the term ending June 30, 2011.
196.For Member, Outdoor Heritage Conservation Fund Board of Trustees, George Constantz, High View, Hampshire County, for the term ending June 30, 2011.
197.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Jeffrey Lusk, Cyclone, Wyoming County, for the term ending June 30, 2010.
198.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Thomas Pauley, Huntington, Cabell County, for the term ending June 30, 2010.
199.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Jim Summers, Worthington, Marion County, for the term ending June 30, 2010.
200.For Member, Board of Medicine, Dr. Khalid Hasan, Beckley, Raleigh County, for the term ending September 30, 2014.
201.For Member, Board of Medicine, Dr. Vettivelu Maheswaran, Charles Town, Jefferson County, for the term ending September 30, 2014.
202.For Member, Regional Jail and Correctional Facility Authority, Jeff Sandy, Parkersburg, Wood County, for the term ending June 30, 2013.
203.For Member, Higher Education Policy Commission, Dr. John Leon, Fairmont, Marion County, for the term ending June 30, 2013.
204.For Member, Higher Education Policy Commission, Dr. Bruce Berry, Morgantown, Monongalia County, for the term ending June 30, 2013.
205.For Member, West Virginia Workforce Investment Council, Diane W. Strong-Treister, Charleston, Kanawha County, for the term ending June 30, 2012.
206.For Member, Auctioneers Board of Review, James Frio, Valley Grove, Ohio County, for the term ending January 1, 2011.
207.For Member, Board of Examiners in Counseling, Robert R. Mays, Jr., Holden, Logan County, for the term ending June 30, 2014.
208.For Member, State Conservation Committee, Eli McCoy, Charleston, Kanawha County, for the term ending June 30, 2011.
209.For Member, Workforce Investment Council, Ralph Baxter, Wheeling, Ohio County, for the term ending June 30, 2012.
210.For Member, Workforce Investment Council, Reverend Matthew Watts, Charleston, Kanawha County, for the term ending June 30, 2012.
211.For Member, Workforce Investment Council, Nelson Robinson, Charleston, Kanawha County, for the term ending June 30, 2012.
212.For Member, Workforce Investment Council, Chris Kroger, Morgantown, Monongalia County, for the term ending June 30, 2012.
213.For Member, Workforce Investment Council, Butch Pennington, Martinsburg, Berkeley County, for the term ending June 30, 2012.
214.For Member, Workforce Investment Council, Jeff Moore, Buffalo, Putnam County, for the term ending June 30, 2012.
215.For Member, Board of Hearing Aid Dealers, Marsha Mattingly, Huntington, Cabell County, for the term ending July 13, 2013.
216.For Member, Commission on the Arts, Elaine D'Alessandri, Morgantown, Monongalia County, for the term ending June 30, 2010.
217.For Member, Commission on the Arts, Ralph Ballard, Lewisburg, Greenbrier County, for the term ending June 30, 2011.
218.For Member, Commission on the Arts, Carol Templeton, Milton, Cabell County, for the term ending June 30, 2010.
219.For Member, Workforce Investment Council, Homer Sweeney, Cross Lanes, Kanawha County, for the term ending June 30, 2012.
220.For Member, Workforce Investment Council, Angela Markham, South Charleston, Kanawha County, for the term ending June 30, 2012.
221.For Member, Workforce Investment Council, Mark Downs, Fairmont, Marion County, for the term ending June 30, 2012.
222.For Member, Public Port Authority, Gerald Sites, Petersburg, Grant County, for the term ending June 30, 2011.
223.For Member, Public Port Authority, The Honorable Charles Lanham, Point Pleasant, Mason County, for the term ending June 30, 2011.
224.For Member, Public Port Authority, Robert E. Mayhew, Romney, Hampshire County, for the term ending June 30, 2011.
225.For Member, Tourism Commission, The Honorable Oshel B. Craigo, Winfield, Putnam County, for the term ending May 1, 2011.
226.For Member, Tourism Commission, Clifford Sutherland, Morgantown, Monongalia County, for the term ending May 1, 2012.
227.For Member, Tourism Commission, Patsy Hardy, Parkersburg, Wood County, for the term ending May 1, 2011.
228.For Member, Ethics Commission, The Honorable Jon Blair Hunter, Morgantown, Monongalia County, for the term ending June 30, 2012.
229.For Member, Capitol Building Commission, The Honorable David McKinley, Wheeling, Ohio County, for the term ending June 30, 2010.
230.For Member, Records Management and Preservation Board, Kenneth Lemaster, Martinsburg, Berkeley County, to serve at the will and pleasure of the Governor.
231.For Executive Director, Jobs Investment Trust Board, Andrew Zulauf, Charleston, Kanawha County, to serve at the will and pleasure of the Governor.
232.For Member, Hospital Finance Board, Jack Gordon Roop, Crab Orchard, Raleigh County, for the term ending January 9, 2012.
233.For Member, Board of the College Prepaid Tuition and Savings Program, Andre Cummings, Morgantown, Monongalia County, for the term ending June 30, 2013.
234.For Member, Board of the College Prepaid Tuition and Savings Program, Peggy Hawse, Moorefield, Hardy County, for the term ending June 30, 2012.
235.For Member, Board of the College Prepaid Tuition and Savings Program, Steve Davis, Cross Lanes, Kanawha County, for the term ending June 30, 2010.
236.For Member, Broadband Deployment Council, Elaine Harris, St. Albans, Kanawha County, for the term ending December 31, 2011.
237.For Member, Broadband Deployment Council, B. Keith Fulton, Hurricane, Putnam County, for the term ending December 31, 2011.
238.For Member, Broadband Deployment Council, Jan I. Fox, South Point, Ohio, for the term ending December 31, 2011.
239.For Member, Broadband Deployment Council, Lee Fisher, Little Birch, Braxton County, for the term ending December 31, 2011.
240.For Member, Broadband Deployment Council, Mike Friloux, Tulsa, Oklahoma, for the term ending December 31, 2011.
241.For Member, Broadband Deployment Council, Jamie Sullivan, Powell, Ohio, for the term ending December 31, 2011.
242.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, Sally Smith, Charleston, Kanawha County, for the term ending June 30, 2010.
243.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, Barry Holstein, Sissonville, Kanawha County, for the term ending June 30, 2012.
244.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, Karen Price, Charleston, Kanawha County, for the term ending June 30, 2012.
245.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, Thomas Dover, Charleston, Kanawha County, for the term ending June 30, 2012.
246.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, David Lewia, Elkview, Kanawha County, for the term ending June 30, 2010.
247.For Member, West Virginia University Institute of Technology Community and Technical College Board of Governors, David Barnhart, Oak Hill, Fayette County, for the term ending June 30, 2010.
248.For Member, Women's Commission, Dr. Kathie Williams, Huntington, Cabell County, for the term ending June 30, 2011.
249.For Member, Women's Commission, Diana Bell, Wheeling, Ohio County, for the term ending June 30, 2011.
250.For Member, Women's Commission, Robin Young, Charleston, Kanawha County, for the term ending June 30, 2011.
251.For Member, Women's Commission, Kelly Davis, Ellamore, Randolph County, for the term ending June 30, 2011.
252.For Member, Women's Commission, Judy Shepherd, Edmond, Fayette County, for the term ending June 30, 2010.
253.For Member, Women's Commission, Stacy North, Morgantown, Monongalia County, for the term ending June 30, 2009.
254.For Member, Board of Hearing Aid Dealers, William Parrish, Parkersburg, Wood County, for the term ending July 13, 2013.
Notice of these appointments was previously provided to the appropriate legislative staff at the time the appointments were made.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
On motion of Senator Stollings, consideration of the nominations immediately hereinbefore reported was made a special order of business for Saturday, April 11, 2009, at 11 a.m.
The Senate proceeded to the fourth order of business.
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. 12, Allowing 2-year motorcycle registration period.
And,
Senate Bill No. 328, Creating WV Transportation Infrastructure Bank.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bills, under the original double committee references, were then referred to the Committee on Finance.
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. 56, Awarding National Board for Professional Teaching Standards salary bonus to certain teachers.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Education pending.
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. 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; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Snyder, 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. 174, Authorizing Commission for the Deaf and Hard of Hearing promulgate legislative rule relating to establishment of required qualifications and ethical standards for interpreters and transliterators.
Senate Bill No. 188, Authorizing Board of Accountancy promulgate legislative rule relating to the board and rules of professional conduct.
Senate Bill No. 189, Authorizing Department of Administration promulgate legislative rule relating to Purchasing Division.
Senate Bill No. 218, Authorizing Regional Jail and Correctional Facility Authority promulgate legislative rule relating to criteria and procedures for determination of projected cost per day for incarcerated inmates.
And,
Senate Bill No. 230, Authorizing State Tax Department promulgate legislative rule relating to withholding or denial of personal income tax refunds from taxpayers who owe municipal costs, fines, forfeitures or penalties.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Vice Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Snyder, 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. 179, Authorizing Department of Administration promulgate legislative rule relating to qualifications for participation.
Senate Bill No. 184, Authorizing Board of Architects promulgate legislative rule relating to registration of architects.
Senate Bill No. 185, Authorizing Board of Architects promulgate legislative rule relating to fees for registration of architects.
Senate Bill No. 197, Authorizing Division of Human Services promulgate legislative rule relating to child care center licensing.
Senate Bill No. 208, Authorizing Board of Medicine promulgate legislative rule relating to licensure, disciplinary and complaint procedures.
Senate Bill No. 209, Authorizing Board of Medicine promulgate legislative rule relating to establishment and regulation of restricted license issued to applicant in extraordinary circumstances.
Senate Bill No. 216, Authorizing Division of Personnel promulgate legislative rule relating to reimbursement of compensation paid to state employees for training, education and professional development.
And,
Senate Bill No. 217, Authorizing Board of Physical Therapy promulgate legislative rule relating to general provisions.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Vice Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Senate Bill No. 180, Authorizing Commissioner of Agriculture promulgate legislative rule relating to animal disease control.
Senate Bill No. 183, Authorizing Commissioner of Agriculture promulgate legislative rule relating to schedule of charges for inspection services: Fruit.
And,
Senate Bill No. 233, Authorizing Board of Veterinary Medicine promulgate legislative rule relating to schedule of fees.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
The bills, under the original triple committee references, were referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 198, Authorizing Insurance Commissioner promulgate legislative rule relating to continuing education for individual insurance producers.
Senate Bill No. 199, Authorizing Insurance Commissioner promulgate legislative rule relating to preneed life insurance minimum standards for determining reserve liabilities and nonforfeiture values.
And,
Senate Bill No. 284, Relating to Viatical Settlements Act.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 200, Authorizing Division of Labor promulgate legislative rule relating to packaging and labeling.
Senate Bill No. 201, Authorizing Division of Labor promulgate legislative rule relating to method of sale of commodities.
Senate Bill No. 202, Authorizing Division of Labor promulgate legislative rule relating to standards for weights and measures inspectors' adoption of National Conference of Weights and Measures Handbook.
And,
Senate Bill No. 203, Authorizing Division of Labor promulgate legislative rule relating to Amusement Rides and Attractions Safety Act.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 204, Authorizing Division of Labor promulgate legislative rule relating to Manufactured Housing Construction and Safety Standards Board.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Senator Snyder, 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. 219, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to policies, standards and criteria for evaluation and accreditation of colleges, departments or schools of nursing.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original triple committee reference first be referred to the Committee on Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Herb Snyder,
Vice Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary, with an amendment from the Committee on Government Organization 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
Com. Sub. for Senate Bill No. 239 (originating in the Committee on Government Organization), Permitting Kanawha County voters to decide upon metro government.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 239 (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 §7A-7-4a, relating to authorizing counties with a population exceeding 150,000 and a Class I municipality to approve metro government by a majority vote.
With the recommendation that the committee substitute for 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. 341, Transferring juvenile justice database administration to Supreme Court.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 341 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §49-7-32 of the Code of West Virginia, 1931, as amended, relating to transferring the authority to administer the juvenile justice database from the Department of Military Affairs and Public Safety to the West Virginia Supreme Court of Appeals.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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.
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 Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 348--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control and reduction of nitrogen oxides from nonelectric generating units as a means of mitigate transport of ozone precursors.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 349--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the Nox budget trading program as a means of control and reduction of nitrogen oxides from electric generating units.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 350--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to surface mining reclamation.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 351--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 352--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Development Office to promulgate a legislative rule relating to brownfield economic development districts.
Referred to the Committee on Economic Development; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 353--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Fire Commission to promulgate a legislative rule relating to the standards for the certification and continuing education of municipal, county and other public building code officials, building code inspectors and plans examiners.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 354--A Bill to amend and reenact article 6, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the State Fire Marshal to promulgate a legislative rule relating to the supervision of fire protection work.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 355--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law- enforcement training standards.
Referred to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 356--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights-of-way and adjacent areas.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 357--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 358--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to coordination of health benefits.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 359--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to long-term care insurance.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 360--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to actuarial opinion and memorandum.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 361--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to viatical settlements.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 362--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 363--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Insurance Commissioner to promulgate a legislative rule relating to professional employer organizations.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 364--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices.
Referred to the Committee on Labor; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 365--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 366--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 367--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Board of Pharmacy to promulgate a legislative rule relating to the regulation of charitable clinic pharmacies.
Referred to the Committee on Health and Human Resources; then to the Committee on Finance; and then to the Committee on the Judiciary.
By Senators Minard, Fanning, Prezioso, Unger, Boley and K. Facemyer:
Senate Bill No. 368--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating to authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts.
Referred to the Committee on Finance; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 369--A Bill to amend and reenact §62-12-6 and §62-12-26 of the Code of West Virginia, 1931, as amended, all relating to granting probation officers the authority to arrest persons who violate his or her conditions of supervised release; eliminating the authority of probation officers to collect moneys; eliminating the requirement that probation officers post bond; and providing that an additional term of supervised release extends beyond the expiration of the term of supervised release for any period necessary for adjudication in regards to delay revocations.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 370--A Bill to amend and reenact §62-11C-7 of the Code of West Virginia, 1931, as amended, relating to permitting only a community criminal justice board to have the authority to require the payment of a supervisory fee by anyone participating in a community corrections program.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators McCabe, Prezioso, Caruth, Foster, Kessler, Plymale and Unger:
Senate Bill No. 371--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, §11-13Z-3, §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10, §11-13Z-11, §11-13Z-12, §11-13Z-13, §11-13Z-14 and §11-13Z-15, all relating to authorizing a tax credit against business franchise tax, corporate net income tax or personal income tax for eligible expenditures incurred in placing in service a residential or nonresidential energy efficient building.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 372--A Bill to amend and reenact §11-13A-3a, §11-13A-10 and §11-13A-17 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §11-13V-4b, all relating generally to severance taxes on natural gas and oil; specifying that the tax shall be collected and remitted by the first purchaser of natural gas or oil after it has been severed or severed and processed; requiring the filing of a refund to receive certain tax exemptions; providing for a phased reduction of the rate of tax; providing for a phased elimination of certain credits against tax; providing for assessments against severors who owe but have not paid the tax; specifying due dates and payment requirements; specifying persons subject to applicable bonding requirements; providing for certain exceptions to the first purchaser requirement; authorizing the Tax Commissioner to promulgate emergency rules; and requiring certain reports to the Tax Commissioner.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 373--A Bill to amend and reenact §18C-1-5 of the Code of West Virginia, 1931, as amended; and 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, all relating to student financial aid resources and programs; reconstituting the Financial Aid Advisory Board; dissolving the PROMISE Scholarship Board and transferring its powers to the Higher Education Policy Commission; authorizing the Higher Education Policy Commission to invest certain funds with the West Virginia Investment Management Board; capping the maximum amount of the West Virginia Providing Real Opportunities for Maximizing In-State Student Excellence (PROMISE) scholarship annual award for certain students at the lesser of the cost of tuition at a state institution of higher education or $4,500; clarifying that a PROMISE scholarship may supplement certain tuition and fee waivers; and authorizing the Higher Education Policy Commission to promulgate rules.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Edgell, White and Kessler:
Senate Bill No. 374--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-5A-1, §22-5A-2, §22-5A-3, §22-5A-4, §22-5A-5, §22- 5A-6, §22-5A-7, §22-5A-8, §22-5A-9, §22-5A-10 and §22-5A-11; to amend and reenact §22-6-6 of said code; to amend and reenact §22-7- 3, §22-7-5 and §22-7-7 of said code; and to amend said code by adding thereto a new section, designated §22-7-9, all relating to rights, administration and enforcement of oil and gas wells; and surface owner bill of rights.
Referred to the Committee on Energy, Industry and Mining; then to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 375--A Bill to amend and reenact §5B-2A-3 and §5B-2A-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-3-10 of said code, all relating to the Office of Coalfield Community Development and master land use plans; defining terms; requiring state, local, county or regional development or redevelopment authorities to develop master land use plans; requiring the Office of Coalfield Community Development to assist with the development of master land use plans; providing for review and approval of master land use plans; and requiring the post-mining land use proposed in reclamation plans to comport with associated master land use plans.
Referred to the Committee on Economic Development.
By Senators Tomblin (Mr. President) and Caruth (By Request of the Executive):
Senate Bill No. 376--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5, §18- 5B-6, §18-5B-7, §18-5B-8 and §18-5B-9, all relating to school innovation zones; setting forth legislative findings, intent and purpose; authorizing the West Virginia Board of Education to designate school innovation zones; establishing an application and review process for innovation zone plans; requiring a system of accountability for innovation zones; requiring an annual report by the Board of Education; providing for the waiver of certain statutes, rules, policies and interpretations; providing for the voluntary transfer of employees; providing for teacher job postings that exceed certain qualifications and requirements; and authorizing the Board of Education to promulgate rules.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler, Deem and Plymale:
Senate Bill No. 377--A Bill to amend and reenact §44A-2-7 of the Code of West Virginia, 1931, as amended, relating to requiring court-appointed attorneys to disclose fees when a guardian or conservator is appointed for a nonindigent protected person.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Prezioso, Deem, Plymale and Williams:
Senate Bill No. 378--A Bill to amend and reenact §61-7-6a of the Code of West Virginia, 1931, as amended, relating to reciprocity agreements with other states related to concealed handgun licenses being honored; removing the requirement that licensees of other states be residents of said state; and requiring that a potential reciprocating state's licensure standards be similar to or greater than this state's.
Referred to the Committee on Interstate Cooperation; and then to the Committee on the Judiciary.
By Senators Stollings, Prezioso, Jenkins, Foster, Kessler, Plymale, Palumbo and Sypolt:
Senate Bill No. 379--A Bill to amend and reenact §55-7B-2 of the Code of West Virginia, 1931, as amended, relating to clarifying that a licensed pharmacy is a health care facility and licensed pharmacies and pharmacists are health care providers under the provisions of the Medical Professional Liability Act.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Jenkins, Kessler and Unger:
Senate Bill No. 380--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-10b, relating to providing an earned income tax credit from the state personal income tax for certain taxpayers with qualifying children.
Referred to the Committee on Finance.
By Senators Barnes and Williams:
Senate Bill No. 381--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-1d, relating to prohibiting members of the same family within a certain degree of relationship to occupy more than one seat on a board of education simultaneously.
Referred to the Committee on Education; and then to the Committee on the Judiciary.
By Senators Unger, Caruth, Hall and Snyder:
Senate Bill No. 382--A Bill to amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended, relating to the amount of expenditure for rolling stock.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senator Browning:
Senate Bill No. 383--A Bill to amend and reenact §18-7A-38 of the Code of West Virginia, 1931, as amended, relating to the State Teachers Retirement System; and calculating the maximum number of days a nonteaching member of the system, who is a retired coach, may work.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Unger, Snyder, Stollings, Green and Barnes:
Senate Bill No. 384--A Bill to amend and reenact §29-3A-1 of the Code of West Virginia, 1931, as amended, relating to authority to control an emergency scene on state highways.
Referred to the Committee on Transportation and Infrastructure.
Senators Unger, McCabe and Stollings offered the following resolution:
Senate Concurrent Resolution No. 13--Requesting the Division of Highways name bridge number 02-15-2.70 (4845), located in Berkeley County, the "Bruce Van Wyk Memorial Bridge".
Whereas, Bruce Van Wyk was born in Clifton Springs, New York, the son of Julia and Herbert Van Wyk; and
Whereas, Bruce Van Wyk came to Falling Waters, West Virginia, in 1974; and
Whereas, Bruce Van Wyk built his first house in Honeywood-on- the-Potomac, his first development project and West Virginia's first planned community; and
Whereas, Bruce Van Wyk went on to develop land for residential, commercial and educational uses, which brought thousands of jobs to the Eastern Panhandle of West Virginia and improved the quality of life in the community; and
Whereas, Bruce Van Wyk strived for three decades to create employment, education and cultural opportunities for the people of West Virginia; and
Whereas, Sadly, Bruce Van Wyk died suddenly on December 25, 2003, leaving behind many loving family members and friends; and
Whereas, It is fitting to honor the memory of Bruce Van Wyk by naming bridge number 02-15-2.70 (4845), located in Berkeley County, the "Bruce Van Wyk 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 02-15-2.70 (4845), located in Berkeley County, the "Bruce Van Wyk 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 "Bruce Van Wyk 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 the family of Bruce Van Wyk.
Which, under the rules, lies over one day.
At the request of Senator Chafin, unanimous consent being granted, the Senate returned to the fourth order of business.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 14 (originating in the Committee on Education)--Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities.
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; and
Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for Higher Education; and
Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for Higher Education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for Higher Education and as may be authorized by the Higher Education Policy Commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for Higher Education, created pursuant to said section, the sum of $15 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the Higher Education Policy Commission to finance improvements for state colleges and universities. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and
Whereas, Every issue of the Higher Education Policy Commission's bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the Higher Education Policy Commission; and
Whereas, The bonds shall be authorized by resolution of the Higher Education Policy Commission, shall bear the date, shall mature at time or times, not exceeding 40 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities; and, be it
Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for Higher Education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the Higher Education Policy Commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it
Further Resolved, That every issue of its bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees or other sources available to the Higher Education Policy Commission which are pledged therefor, including the Higher Education Improvement Fund for Higher Education; and, be it
Further Resolved, That, upon resolution of the Higher Education Policy Commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the Higher Education Policy Commission only to make capital improvements at state colleges and universities; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the resolution (S. C. R. No. 14) contained in the preceding report from the Committee on Education was taken up for immediate consideration.
On motion of Senator Plymale, the resolution was referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 12, Requesting Division of Highways name bridge in Lesage "PVT Russell Curtis Knight Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 259, Clarifying certain terminology within Courthouse Facilities Improvement Authority.
On first reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 346, Correcting code reference related to bear tagging.
On first reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Senate Bill No. 347, Correcting code reference related to extended supervision for certain sex offenders.
On first 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 twelfth order of business.
Remarks were made by Senators Helmick and Sypolt.
Thereafter, at the request of Senator Chafin, and by unanimous consent, the remarks by Senator Helmick were ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being granted, the remarks by Senator Sypolt were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 26, 2009, at 11 a.m.
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