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sdj-15th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FIFTEENTH DAY

____________

Charleston, W. Va., Wednesday, January 27, 2010

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

Prayer was offered by the Reverend Tom Bias, Olive Branch Missionary Baptist Church, Turtle Creek, West Virginia.
Pending the reading of the Journal of Tuesday, January 26, 2010,
On motion of Senator Caruth, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the 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. 130, Making failure to wear safety belts primary offense.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Transportation and Infrastructure 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. 141, Providing foundation allowance for professional student support personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 141 (originating in the Committee on Education)--A Bill to amend and reenact §18-9A-24 of the Code of West Virginia, 1931, as amended, relating to including professional student support personnel in the calculation of the foundation allowance for the Public Employees Insurance Agency for certain school employees and in the calculation of the amount county boards are responsible to pay to the Public Employees Insurance Agency for certain other school employees.
And,
Senate Bill No. 229, Authorizing School Building Authority issue certain outstanding bonds.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 229 (originating in the Committee on Education)--A Bill
to amend and reenact §18-9D-4b, §18-9D-6 and §18-9D-8 of the Code of West Virginia, 1931, as amended, all relating to authorizing the School Building Authority to issue bonds in the maximum aggregate amount of $500 million outstanding at any time; authorizing the School Building Authority to receive and expend federal subsidies received with respect to bonds issued by the School Building Authority; requiring copies of resolutions authorizing revenue bonds be provided to Governor, President and Speaker; and making technical corrections.
With the recommendation that the two committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bills (Com. Sub. for S. B. Nos. 141 and 229), under the original double committee references, were then referred to the Committee on Finance.
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. 206, Relating to Friends of Coal license plate.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 206 (originating in the Committee on Transportation and Infrastructure)--A Bill
to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to create and issue a Friends of Coal license plate for passenger vehicles; and assessing a special initial application fee and a special annual fee therefor.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 206), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 287, Authorizing DHHR promulgate legislative rule relating to fees for services.
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 Finance; and then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 288, Authorizing DHHR promulgate legislative rule relating to distribution of state aid funds to local boards of health.
And,
Senate Bill No. 289, Authorizing Health Care Authority promulgate legislative rule relating to hospital ambulatory health care facilities.
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,
Roman W. Prezioso, Jr.,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 290, Authorizing DHHR promulgate legislative rule relating to nurse aid abuse registry.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Health and Human Resources pending.
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. 291, Authorizing Commissioner of Highways promulgate legislative rule relating to use of state road rights-of-way and adjacent areas.
Senate Bill No. 292, Authorizing Commissioner of Highways promulgate legislative rule relating to transportation of hazardous wastes upon roads and highways.
And,
Senate Bill No. 299, Authorizing DMV promulgate legislative rule relating to denial, suspension, revocation, restriction or nonrenewal of driving privileges.
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,
John R. Unger II,
Chair.
The bills, under the original double committee references, were then referred 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. 293, Authorizing Insurance Commissioner promulgate legislative rule relating to WV Life and Health Insurance Guaranty Association Act notice requirements.
Senate Bill No. 294, Authorizing Insurance Commissioner promulgate legislative rule relating to mental health parity.
And,
Senate Bill No. 296, Authorizing Insurance Commissioner promulgate legislative rule relating to use of senior-specific certifications and professional designations in sale of life insurance and annuities.
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 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. 295, Authorizing Insurance Commissioner promulgate legislative rule relating to viatical settlements.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Banking and Insurance pending.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 297, Authorizing State Board of Examiners for Licensed Practical Nurses promulgate legislative rule relating to policies and procedures for development and maintenance of educational programs in practical nursing.
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,
Roman W. Prezioso, Jr.,
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 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 Concurrent Resolution No. 1, Requesting DOH name bridge in Doddridge County "SPC Jason N. Marchand Memorial Bridge".
Senate Concurrent Resolution No. 2, Requesting DOH name portion of Route 16 in Fayette County "Robert K. 'Bob' Holliday Highway".
Senate Concurrent Resolution No. 3, Requesting DOH name bridge in Fayette County "Eugene Mitchell Skaggs Memorial Bridge".
Senate Concurrent Resolution No. 5, Requesting DOH name bridge in Parsons, Tucker County, "Sheriff O. Gay Hovatter Memorial Bridge".
And,
Senate Concurrent Resolution No. 6, Requesting DOH name bridge in Mingo County "Matoma C. Sansom Memorial Bridge".
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate then 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 Senator Foster (By Request):
Senate Bill No. 353--A Bill to amend and reenact §38-1-4 of the Code of West Virginia, 1931, as amended, relating to trust deed liens; notice of sale; and providing for notice of a trust sale by regular first-class mail in addition to the other existing methods of notice.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler and Unger:
Senate Bill No. 354--A Bill to amend and reenact §17C-4-1, §17C-4-2, §17C-4-3, §17C-4-5, §17C-4-6, §17C-4-7, §17C-4-8, §17C-4- 9, §17C-4-10, §17C-4-11, §17C-4-14, §17C-4-15 and §17C-4-16 of the Code of West Virginia, 1931, as amended, all relating to reporting crashes to a law-enforcement agency; increasing property damage notification threshold; updating law-enforcement reporting requirements; and changing responsibility for receiving reports and preparation of reports to the Division of Highways.
Referred to the Committee on the Judiciary.
By Senators Minard and Green:
Senate Bill No. 355--A Bill to amend and reenact §22C-7-3 of the Code of West Virginia, 1931, as amended, relating to membership on the Oil and Gas Inspectors' Examining Board; and extending the expired term of a member until such time as the member's successor is appointed and qualified.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Government Organization.
By Senators Bowman, Yost and Kessler:
Senate Bill No. 356--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to providing for special registration plates bearing the logo, symbol, insignia, letters or words demonstrating association with or support for Bethany College.
Referred to the Committee on Transportation and Infrastructure.
By Senators McCabe, Green and Foster:
Senate Bill No. 357--A Bill to amend and reenact §22-18-22 of the Code of West Virginia, 1931, as amended, relating to the Hazardous Waste Management Fund; and extending the sunset provision therein from June 30, 2010, to June 30, 2015.
Referred to the Committee on Finance.
By Senators Palumbo, Hall, Jenkins, Kessler, Foster and Plymale:
Senate Bill No. 358--A Bill to amend and reenact §21-5E-5 of the Code of West Virginia, 1931, as amended, relating to removing the termination date of the Equal Pay Commission.
Referred to the Committee on Government Organization.
By Senator Sypolt:
Senate Bill No. 359--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5A-6B-1, §5A-6B-2, §5A-6B-3, §5A-6B-4 and §5A-6B-5, all relating to the West Virginia Geographical Information System.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 360--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5, §16- 9G-6, §16-9G-7, §16-9G-8, §16-9G-9, §16-9G-10, §16-9G-11, §16-9G- 12, §16-9G-13, §16-9G-14, §16-9G-15 and §16-9G-16, all relating to the Smoke Free West Virginia Act; providing definitions; prohibiting smoking in public places of employment and government vehicles; prohibiting smoking in student dormitories; designating other nonsmoking areas; providing exemptions; providing for enforcement; violations and penalties; local regulation; prohibiting smoking around entrances, exits, windows and ventilation intakes; and rules.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Jenkins, Stollings, Tomblin (Mr. President), Barnes, Edgell, Foster, Plymale and Prezioso:
Senate Bill No. 361--A Bill to amend and reenact §60A-2-210 of the Code of West Virginia, 1931, as amended, relating to adding the drug tramadol (Ultram) to the Schedule IV list of controlled substances.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Stollings, Tomblin (Mr. President), Barnes, Edgell, Foster, Laird, Plymale, Prezioso and Palumbo:
Senate Bill No. 362--A Bill to amend and reenact §60A-4-410 of the Code of West Virginia, 1931, as amended, relating to clarifying that it is unlawful to provide misleading or false information to a medical practitioner in order to obtain more than one prescription for a controlled substance; and increasing penalties.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Stollings, Tomblin (Mr. President), Barnes, Edgell, Foster, Plymale, Prezioso and Palumbo:
Senate Bill No. 363--A Bill to amend and reenact §60A-9-4 of the Code of West Virginia, 1931, as amended, relating to requiring a methadone treatment center to provide certain information to the Board of Pharmacy when a controlled substance is permitted to be taken away from that facility by one of its patients.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Stollings, Jenkins, Tomblin (Mr. President), Unger, Edgell, Foster, Laird, Plymale and Prezioso:
Senate Bill No. 364--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to permitting duly authorized agents of the Office of the Chief Medical Examiner to inspect certain confidential information concerning controlled substances that is required to be kept by the State Board of Pharmacy.
Referred to the Committee on the Judiciary.
By Senators Jenkins, Stollings, Tomblin (Mr. President), Edgell, Foster, Plymale and Prezioso:
Senate Bill No. 365--A Bill to amend and reenact §60A-9-3 of the Code of West Virginia, 1931, as amended, relating to requiring all retail pharmacies to provide their personnel online access to the West Virginia Controlled Substance Monitoring Program.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Barnes, Williams, Edgell, D. Facemire, Snyder, Sypolt and Oliverio:
Senate Bill No. 366--A Bill to amend and reenact §8A-2-3 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-8-3 of said code, all relating to reducing the required number of members for municipal planning commissions and municipal boards of zoning appeals for Class IV municipalities.
Referred to the Committee on Government Organization.
By Senators Minard, Barnes and Foster:
Senate Bill No. 367--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17C-14-15, relating to the unlawfulness of using additional technology associated with a wireless communication device while operating a vehicle on a public street, highway or public vehicular area; and providing penalties.
Referred to the Committee on the Judiciary.
Senators Browning and Green offered the following resolution:
Senate Concurrent Resolution No. 10--Requesting the Division of Highways name bridge number 41-121-4.10, on the Coalfields Expressway, located on State Route 121 in Raleigh County, the "Craig Dorsey II Memorial Bridge".
Whereas, Craig Dorsey II, of Midway, West Virginia, was born December 8, 1982, the son of Craig Dorsey and Kathy Sizemore; and
Whereas, Craig Dorsey II was a 2001 graduate of Independence High School; and
Whereas, Craig Dorsey II was an honorable, diligent and loyal public servant, having served as a volunteer fireman with the Coal City Fire Department and an EMT at the Ghent Volunteer Fire Department; and
Whereas, Craig Dorsey II was a devoted member of the Beckley Masonic Lodge; and
Whereas, Sadly, Craig Dorsey II was tragically killed in the line of duty on January 30, 2007, in a propane tank explosion at Ghent, West Virginia, while responding with the Ghent Volunteer Fire Department; and
Whereas, Craig Dorsey II is sorely missed by his family, friends, co-workers and all those who crossed his path in life; and
Whereas, It is fitting, to honor the memory of Craig Dorsey II, who made the ultimate sacrifice to God and country while serving others, by naming bridge number 41-121-4.10, on the Coalfields Expressway, located on State Route in Raleigh County, the "Craig Dorsey II Memorial Bridge"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways name bridge number 41-121-4.10, on the Coalfields Expressway, located on State Route 121 in Raleigh County, the "Craig Dorsey II 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 "Craig Dorsey II 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 Craig Dorsey II.

Which, under the rules, lies over one day.
Senators K. Facemyer and Hall offered the following resolution:
Senate Concurrent Resolution No. 11--Requesting the bridge known as Jerry Run Road crossing 16 Mile Creek at Mercer's Bottom on Route 37, Mason County, West Virginia, specifically bridge number 27-37-1.87 be named the "Private First Class Kenneth W. Bright Memorial Bridge."
Whereas, Private First Class Kenneth W. Bright was born in Mason County, West Virginia in 1922. He was killed in action Germany during World War II on November 8, 1944, at the age of 22; and
Whereas, Private First Class Kenneth W. Bright was born, raised and now buried in Mason County in Beale Chapel Cemetery and survived by his only child, Sandra Bright Fausnaugh; and
Whereas, Private First Class Kenneth W. Bright made the supreme sacrifice for his country while serving in the United States Army in Germany. He was originally buried in Schmidt, Germany, then disinterred and reinterred at the U. S. Military Cemetery, Margraten, Holland. Finally, his remains were brought back to West Virginia and Mason County. This young soldier served his community, state and country with distinction, making the supreme sacrifice for his country; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 27-37-1.87 at Jerry Run Road crossing 16 Mile Creek at Mercer's Bottom on Route 37, Mason County, West Virginia, "Private First Class Kenneth W. Bright Memorial Bridge"; and, be it
Further Resolved, That the Commissioner of the Division of Highways is hereby requested to cause to be fabricated signs to be erected at each entryway of the bridge, containing bold and prominent letters proclaiming the bridge to be named the "Private First Class Kenneth W. Bright 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 Transportation, the Commissioner of Highways, and the family of Private First Class Kenneth W. Bright.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 9, Expressing will of Legislature opposing adoption of national cap and trade program.
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration and reference to a committee dispensed with.
The question being on the adoption of the resolution (S. C. R. No. 9), and on this question, Senator Chafin demanded the yeas and nays.
The roll being taken, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of those present and voting having voted in the affirmative, the President declared the resolution (S. C. R. No. 9) adopted.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senators Green and Chafin regarding the adoption of Senate Concurrent Resolution No. 9 were ordered printed in the Appendix to the Journal.
At the request of Senator Plymale, unanimous consent being granted, the remarks by Senators Deem and Stollings regarding the adoption of Senate Concurrent Resolution No. 9 were ordered printed in the Appendix to the Journal.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Jenkins, Plymale, Stollings and Deem.
Thereafter, at the request of Senator Minard, and by unanimous consent, the remarks by Senators Jenkins, Plymale and Stollings were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Fanning.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, January 28, 2010, at 11 a.m.
____________

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