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Senate Journal


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sdj-22nd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

TWENTY-SECOND DAY

____________

Charleston, W. Va., Wednesday, March 4, 2009

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

Prayer was offered by Dr. Allen Reasons, Senior Minister, Fifth Avenue Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, March 3, 2009,
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 third order of business.
Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 3, 2009

Senate Executive Message No. 3
TO:
The Honorable Members of the

West Virginia Senate
Ladies and Gentlemen:
I respectfully request that the following correction be made from Senate Executive Message No. 2 dated February 24, 2009:
192.For Member, Outdoor Heritage Conservation Fund Board of Trustees, Bob Baird, Gallipolis Ferry, Mason County, for the term ending June 30, 2011.
Thank you for correcting your records.
Sincerely,
Joe Manchin III,
Governor.
Which communication was received and referred to the Committee on Confirmations.
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. 97, Relating to handicapped parking violations.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 113, Rescinding student financial assistance due to certain alcohol violations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 113 (originating in the Committee on Education)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18C-1-6, relating to the recision of state-supported financial aid under certain circumstances; requiring legislative rule; and authorizing release of certain information.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 113), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 175, Authorizing Board of Dental Examiners promulgate legislative rule relating to board.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 194, Authorizing Department of Health and Human Resources promulgate legislative rule relating to licensure of medical adult day care centers.
With an amendment from the Committee on Health and Human Resources pending;
And has also amended same.
And reports the same back with the recommendation that it do pass as last amended by the Committee on Government Organization; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary, with amendments pending.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 204, Authorizing Division of Labor promulgate legislative rule relating to Manufactured Housing Construction and Safety Standards Board.
And,
Senate Bill No. 220, Authorizing Board of Examiners for Registered Professional Nurses promulgate legislative rule relating to limited prescriptive authority for nurses in advance practice.
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 the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original triple 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. 231, Authorizing State Tax Department promulgate legislative rule relating to exchange of information agreement between State Tax Division and Department of Health and Human Resources Office of Inspector General Medicaid Fraud Control Unit.
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 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. 235, Preserving biological evidence secured in certain criminal cases.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 235 (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 §15-2B-15; and to amend and reenact §57-5-11 of said code, all relating to DNA data and disposal of evidence; requiring the appropriate governmental entity to retain any biological material that is secured in the investigation or prosecution of a criminal case for the period of time that a defendant remains incarcerated in connection with that case; and providing exceptions.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 235), under the original double committee reference, was 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. 249, Providing school calendar flexibility to meet instructional term requirement.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 249 (originating in the Committee on Education)--A Bill
to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; to amend and reenact §18-5A-5 of said code; to amend said code by adding thereto a new section, designated §18-9A-22; and to amend and reenact §18A-4-8 of said code, all relating to the annual school calendar; eliminating the earliest starting date and the latest ending date for the instructional term; requiring the first half of the instructional term to end on or before December 23; requiring at least three of certain noninstructional days be scheduled prior to the beginning of the instructional term; clarifying that the seven holidays included as noninstructional days are days that must occur during the employment term; allowing certain instructional support and enhancement days be used to provide regular instruction under certain conditions; changing the earliest dates a county can use noninstructional days and accrued instructional time to make up canceled instructional days; requiring extension of the employment term if necessary to attain one hundred eighty days of instruction and allowing forty-three week limit to be exceeded if necessitated by extension; providing alternative for faculty senate meeting if instructional support and enhancement day is used for regular instruction; creating an allowance for longer employment term to comply with instructional day requirement; and allowing the forty- three week limit to be extended under certain conditions.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 249), under the original double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 284, Relating to Viatical Settlements Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 284 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia, 1931, as amended, all relating to viatical settlements; adding alternative means for satisfying financial requirements for the licensing of viatical settlement brokers; and making criminal provisions applicable to any person violating the Viatical Settlements Act.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 286, Expanding prepaid limited health service organizations services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 286 (originating in the Committee on Banking and Insurance)--A Bill
to amend and reenact §33-25D-2 and §33-25D-22 of the Code of West Virginia, 1931, as amended, all relating to prepaid limited health service organizations; adding dental, vision, pharmaceutical and podiatric services to those services that may be offered by prepaid limited health service organizations; and authorizing future additions to the list of limited health services to be proposed by legislative rule or the introduction of proposed legislation.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 286), under the original double committee reference, was 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. 299, Relating to Infrastructure Fund projects.
And,
Senate Bill No. 382, Adjusting State Rail Authority's contract authority.
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 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. 339, Exempting certain licensed medical professionals from county hiring prohibition.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 339 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-10-15 of the Code of West Virginia, 1931, as amended, relating to creating an exemption for certain licensed professional medical personnel to county hiring prohibition; and removing antiquated language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 350, Authorizing Department of Environmental Protection promulgate legislative rule relating to surface mining reclamation.
And,
Senate Bill No. 351, Authorizing Department of Environmental Protection promulgate legislative rule relating to WV/NPDES rules for coal mining 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,
Mike Green,
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. 359, Authorizing Insurance Commissioner promulgate legislative rule relating to long-term care insurance.
Senate Bill No. 360, Authorizing Insurance Commissioner promulgate legislative rule relating to actuarial opinion and memorandum.
Senate Bill No. 361, Authorizing Insurance Commissioner promulgate legislative rule relating to viatical settlements.
And,
Senate Bill No. 362, Authorizing Insurance Commissioner promulgate legislative rule relating to discount medical plan organizations and discount prescription drug plan organizations.
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 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. 365, Authorizing Board of Pharmacy promulgate legislative rule relating to licensure and practice of pharmacy.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 366, Authorizing Board of Pharmacy promulgate legislative rule relating to immunizations administered by pharmacists.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 367, Authorizing Board of Pharmacy promulgate legislative rule relating to regulation of charitable clinic pharmacies.
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,
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, with an amendment from the Committee on Health and Human Resources pending.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 405, Relating to grandparents' visitation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 405 (originating in the Committee on the Judiciary)--A Bill
to repeal §48-10-402 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-10-401 of said code, relating to circuit and family court jurisdiction over petitions for grandparent visitation; and establishing exclusive family court jurisdiction over such petitions or motions except when the child or children with whom visitation is sought are the subject or subjects of a pending abuse or neglect petition in the circuit court.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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 Senator Boley:
Senate Bill No. 433--A Bill to amend and reenact §49-5B-4 of the Code of West Virginia, 1931, as amended, relating to creating a special revenue account in the State Treasury known as the Juvenile Services Status Offender Fund.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 434--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-12-8a, relating to training of insurance producers selling long-term care products; setting minimum standards for long-term care training; and mandating that certain records be retained by companies.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Chafin, Jenkins, Unger and White:
Senate Bill No. 435--A Bill to amend and reenact §18B-3D-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §18B-3D-6, all relating to establishing the Learn and Earn Cooperative Education Program; authorizing expenditure of certain funds; defining eligibility to receive funding; setting terms for required cash match; and requiring legislative and emergency rules.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 436--A Bill to amend and reenact §22-3-8 of the Code of West Virginia, 1931, as amended, relating to environmental permitting of surface coal mining; and correcting antiquated language with respect to the state agencies charged with cooperating with the Department of Environmental Protection to ensure that permit applicants comply with certain fiscal and reporting requirements imposed by the state's unemployment compensation and workers' compensation laws.
Referred to the Committee on the Judiciary.
By Senators McCabe
and D. Facemire:
Senate Bill No. 437--A Bill to amend and reenact §5A-4-1 of the Code of West Virginia, 1931, as amended, relating to clarifying provisions relating to the appointment, qualifications, powers and duties of the Director of the General Services Division.
Referred to the Committee on Government Organization.
By Senators Kessler and Minard:
Senate Bill No. 438--A Bill to amend and reenact §48-1-239 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-9-101, §48-9-102, §48-9-201, §48-9-202, §48-9-203, §48-9-204, §48-9-205, §48-9-206, §48-9-207, §48-9-209, §48-9-401, §48-9-402, §48-9-403, §48-9-501 and §48-9-601 of said code, all relating to clarifying the definition of "shared parenting"; and updating language regarding the allocation of custodial responsibility and decision-making responsibility of children.
Referred to the Committee on the Judiciary.
By Senators Kessler, Minard, Deem
and D. Facemire:
Senate Bill No. 439--A Bill to amend and reenact §15-2-10 of the Code of West Virginia, 1931, as amended, relating to permitting the Superintendent of the State Police to consult with the Insurance Commissioner instead of the Executive Director of the Workers' Compensation Commission in order to defray medical costs; and changing the maximum medical care costs schedule from that of the Workers' Compensation Commission to the Insurance Commissioner.
Referred to the Committee on Government Organization.
By Senators Kessler, Unger, D. Facemire and Laird:
Senate Bill No. 440--A Bill to amend and reenact §7-1-3ff of the Code of West Virginia, 1931, as amended, relating to giving county litter control officers the authority to issue citations for failure to prove proper disposal of trash and creating, contributing to or allowing an open dump.
Referred to the Committee on Natural Resources; and then to the Committee on Government Organization.
By Senators Plymale and Jenkins:
Senate Bill No. 441--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-13-5b, relating to authorizing Class I and Class II municipalities to impose barge mooring taxes; and providing how proceeds are to be used.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler, Minard, Foster, Plymale,
Chafin, D. Facemire and White:
Senate Bill No. 442--A Bill to amend and reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28, §11A-3-30, §11A-3-31 and §11A-3-32 of the Code of West Virginia, 1931, as amended, all relating to requiring the State Auditor to perform the paper processing responsibilities of all delinquent land sales instead of the clerk of the county commission.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Minard and Deem:
Senate Bill No. 443--A Bill to amend and reenact §33-2-19 of the Code of West Virginia, 1931, as amended, relating to exempting civil investigation records of the Insurance Commissioner from subpoena.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Minard, Plymale and Deem:
Senate Bill No. 444--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to granting designated employees of the Insurance Commissioner access to certain information kept by the West Virginia Board of Pharmacy.
Referred to the Committee on Banking and Insurance; and then to the Committee on Government Organization.
By Senators Kessler and Williams:
Senate Bill No. 445--A Bill to amend and reenact §19-21A-6 of the Code of West Virginia, 1931, as amended, relating to removing the certification requirements for election of conservation supervisors.
Referred to the Committee on the Judiciary.
By Senators McCabe, Unger, Foster, Wells, Palumbo, Plymale, Chafin, Jenkins
and D. Facemire:
Senate Bill No. 446--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §31-15-6c, relating to creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods; authorizing the Economic Development Authority to contract with the Housing Development Fund to administer the program; and providing for the funding of the program.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Boley and Unger:
Senate Bill No. 447--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §19-20-26, relating to commercial dog breeding operations; definitions; commercial dog breeder required to have a valid business license; requirements for maintaining a commercial dog breeding operation; cooperation with inspections by animal control officers to ensure compliance with state and federal animal care laws; and criminal penalties.
Referred to the Committee on Agriculture; and then to the Committee on the Judiciary.
By Senators Kessler, Fanning, Stollings, Chafin, Williams, Jenkins, Prezioso, Unger,
Palumbo, D. Facemire and White:
Senate Bill No. 448--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §20-2-46f, relating to wildlife resources; and creating a special hunting and fishing license for severely disabled and terminally ill persons under twenty-one years of age.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 449--A Bill to amend and reenact §48-1-202, §48-1-204, §48-1-205, §48-1-210, §48-1-228, §48-1-230, §48-1-237, §48-1-244, §48-1-302, §48-1-303 and §48-1-305 of the Code of West Virginia, 1931, as amended, all relating to domestic relations definitions.
Referred to the Committee on the Judiciary.
By Senators Minard, Helmick, McCabe, Plymale and Chafin:
Senate Bill No. 450--A Bill to amend and reenact §5-16-16 of the Code of West Virginia, 1931, as amended, relating to the ability of Public Employees Insurance Agency to enter into capitated provider arrangements for the provision of primary health care services.
Referred to the Committee on Banking and Insurance.
By Senators Kessler,
Snyder, D. Facemire and White:
Senate Bill No. 451--A Bill to amend and reenact §14-2A-3 and §14-2A-14 of the Code of West Virginia, 1931, as amended, all relating generally to compensation awards to victims of crimes; expanding the definition of "criminally injurious conduct"; increasing allowable victim relocation costs; allowing payment for reasonable travel expenses for the transportation of a victim to or from a medical facility; increasing the amount that may be paid to a victim and to all other claimants sustaining economic loss because of injury to that victim; and removing the provision that prohibits the voluntary intoxication of a victim from being a defense against the estate of a deceased victim.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Minard, Helmick, McCabe, Chafin
and D. Facemire:
Senate Bill No. 452--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-16-18a, relating to underwriting of nonstate employer groups by the Public Employees Insurance Agency.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Green, White, Laird, Chafin, Yost, Minard, Unger, Kessler,
Bowman, K. Facemyer, D. Facemire and Plymale:
Senate Bill No. 453--A Bill to amend and reenact §24-1-9 of the Code of West Virginia, 1931, as amended, relating to the Public Service Commission; recommended decisions by hearing commissioner, examiner or panel; and service of decisions on parties, including by electronic transmission.
Referred to the Committee on the Judiciary.
By Senators Deem, Foster, Kessler, Green
and D. Facemire:
Senate Bill No. 454--A Bill to amend and reenact §22-6-22 of the Code of West Virginia, 1931, as amended, relating to the reporting of certain geologic information obtained incidental to oil and gas drilling; requiring the filing of reports with the Department of Environmental Protection and the State Geological and Economic Survey; providing for the delivery of core samples and well cuttings to the State Geological and Economic Survey; and assuring the confidentiality of reports and other information provided.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Foster and Chafin:
Senate Bill No. 455--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3 and §47-25-4, all relating to establishing the Protect Children from Dangerous Lighters Act; short title; legislative findings; definitions; and banning certain novelty lighters in conformance with federal Consumer Product Safety Commission.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Foster, Kessler and Unger:
Senate Bill No. 456--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §47-25-1, §47-25-2, §47-25-3, §47-25-4, §47-25-5, §47-25-6, §47-25-7, §47-25-8, §47-25-9, §47-25-10, §47-25-11, §47-25-12 and §47-25-13, all relating to establishing a cigarette fire safety standard for cigarettes sold in the state; setting a reduced cigarette ignition propensity performance test and standard; requiring compliance certification by manufacturers; requiring certain packaging markings; establishing penalties; establishing a special penalty fund; providing the State Fire Marshal with rule-making authority; authorizing the sale of existing inventory; permitting manufacturers to sell noncompliant cigarettes to other states and foreign countries; preemption of local regulations; and establishing effective dates.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Foster, Snyder, Stollings, Plymale, Chafin, Kessler, Jenkins, Green, Edgell, Oliverio, Prezioso, Barnes, Unger, D. Facemire, White and Wells offered the following resolution:
Senate Resolution No. 19--Designating Wednesday, March 4, 2009, as "Social Work Day" at the Legislature.
Whereas, Social workers have the right education and experience to guide individuals, families and communities through complex issues and choices; and
Whereas, Social workers connect individuals, families and communities to available resources; and
Whereas, Social workers are dedicated to improving the society in which we live and are positive and compassionate professionals; and
Whereas, Social workers stand up for others to make sure everyone has access to the same basic rights, protection and opportunities; and
Whereas, Social workers are advocates for children and others who are vulnerable in our society. They have been a driving force behind important social movements at home and abroad; and
Whereas, Social work is an essential but dangerous profession, as evidence by the untimely death of Brenda Lee Yeager of Hamlin, Lincoln County, a social worker who was killed on July 30, 2008; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, March 4, 2009, as "Social Work Day" at the Legislature; and, be it
Further Resolved, The Senate hereby recognizes the dedication and commitment of social workers to our communities throughout our great state; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives celebrating Social Work Day.
At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Williams, Snyder, Stollings, Plymale, Chafin, Kessler, Jenkins, Green, Foster, Edgell, Oliverio, Prezioso, Barnes, Unger, D. Facemire, White and Wells offered the following resolution:
Senate Resolution No. 20--
Designating Wednesday, March 4, 2009, as "Women's Day" at the Legislature.
Whereas, The West Virginia Women's Commission is promoting the status and empowerment of all West Virginia women through advocacy, research, education and consensus building; and
Whereas, The West Virginia Women's Commission strives to foster women's economic, political, educational and social development; to ensure their full participation in society; and to recognize their achievements; and
Whereas, In their roles as mothers, wives, daughters, sisters, workers, friends, caretakers, activists and volunteers, women make enormous contributions to West Virginia's economy, families, communities and general well-being; and
Whereas, West Virginia is proud of the accomplishments and achievements of women in our state, both in the private and public sectors. We appreciate their many contributions to our communities as they continue to advance in leadership roles in our society; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, March 4, 2009
, as "Women's Day" at the Legislature; and, be it
Further Resolved, That the Senate expresses its appreciation to women for the many contributions they make to the State of West Virginia in all facets of our society; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials with the West Virginia Women's Commission.

At the request of Senator Williams, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso,
Snyder, Stollings, Plymale, Chafin, Kessler, Jenkins, Green, Foster, Edgell, Oliverio, Barnes, Unger, D. Facemire, White and Wells offered the following resolution:
Senate Resolution No. 21--Designating Wednesday, March 4, 2009, as "Disability Advocacy Day".
Whereas, There are more than 400,000 West Virginians with disabilities; and
Whereas, People with disabilities have the right to equal opportunity to live full, productive lives in the community of their choice; and
Whereas, People with disabilities have the right to receive supports they need to exercise self-determination, achieve independence, contribute to their communities and become productive employees in the workplace; and
Whereas, Organizations representing the rights and issues that affect people with disabilities and West Virginia's citizens with disabilities, family members and other advocates have banded together in a collective group, called the Fair Shake Network, to help bring their concerns to the forefront of public awareness; and
Whereas, The purpose of Disability Advocacy Day is to increase the awareness of legislators, administrators, policymakers and the public of the public policy issues that are important to people with disabilities; therefore, be it
Resolved by the Senate:
That the Senate hereby designates Wednesday, March 4, 2009, as "Disability Advocacy Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of the Fair Shake Network.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 307, Creating Maternal Screening Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D.
Facemire, K. Facemyer, Fanning, 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)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 307) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 253, Relating to certain sexual offenses by or against inmates.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 263, Disclosing certain inmates' personal communications.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 294, Defining criminal offense of incapacitated person's abuse or neglect.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the introduction of guests.
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, March 5, 2009, at 11 a.m.
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