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sdj-23rd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TWENTY-THIRD DAY

____________

Charleston, W. Va.,

Thursday, February 4, 2010

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

Prayer was offered by the Reverend Dr. Melissa Pratt, Senior Pastor, Teays Valley Church of God, Scott Depot, West Virginia, who then proceeded in the singing of "God Bless America".
Pending the reading of the Journal of Wednesday, February 3, 2010,
On motion of Senator Guills, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4133--A Bill to amend and reenact §30-31-9 of the Code of West Virginia, 1931, as amended, relating to the practice of marriage and family therapy; and revising the licensing and eligibility requirements for the practice of marriage and family therapy.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4142--A Bill to amend and reenact §30-17- 1, §30-17-2, §30-17-3, §30-17-4, §30-17-5, §30-17-6, §30-17-7, §30- 17-8, §30-17-9, §30-17-10, §30-17-11 §30-17-12, §30-17-13, §30-17- 14, and §30-17-15 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto five new sections, designated, §30-17-16, §30-17-17, §30-17-18, §30-17-19 and §30-17- 20, all relating to the regulation of environmental health science; prohibiting the practice of environmental health science without a license; prohibiting the practice of public health sanitation without a certificate; providing definitions; renaming board of registration for sanitarians; revising board composition; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license, permit and certificate requirements; providing for exemptions from licensure; providing for licensure for persons licensed in another state; establishing renewal requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing increased criminal penalties; providing that a single act is evidence of practice; establishing fees; authorizing the board to set certain fees; and establishing continuing education requirements.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4171--A Bill to amend and reenact §25-1-15 of the Code of West Virginia, 1931, as amended; and to amend and reenact §62-12-13 of said code, all relating to criminogenic risk and needs assessments; providing for the use of criminogenic risk and needs assessments in Division of Corrections diagnosis and classification procedures; and providing for review of criminogenic risk and needs assessments in Board of Parole determination procedures.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 275, Authorizing DEP promulgate legislative rule relating to covered electronic devices takeback program.
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,
Mike Green,
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 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. 276, Authorizing DEP promulgate legislative rule relating to hazardous waste management systems.
Senate Bill No. 280, Authorizing DEP promulgate legislative rule relating to monitoring wells.
And,
Senate Bill No. 281, Authorizing DEP promulgate legislative rule relating to monitoring well design standards.
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 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. 279, Authorizing DEP promulgate legislative rule relating to WV/NPDES rules for coal mining facilities.
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,
Mike Green,
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 Energy, Industry and Mining pending.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 333, Determining Deputy Sheriff Retirement System employer contribution rate.
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,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with an amendment from the Committee on Pensions 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, Authorizing DEP promulgate legislative rule relating to oil and gas wells and other wells.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 437, Creating WV Voluntary Employee Retirement Accounts Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 437 (originating in the Committee on Pensions)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11 and §5-10E-12; and to amend and reenact §36-8-13 of said code, all relating to establishing the West Virginia Voluntary Employee Retirement Accounts Program in the office of the State Treasurer; establishing findings; defining terms; creating program as a body corporate; providing for liberal construction; requiring compliance with federal and state law; providing for plan administration; authorizing the Treasurer to propose rules; establishing participation; requiring all federal approvals be received before operations begin; creating trust; prohibiting assignment, except for qualified domestic relations orders; authorizing investments; specifying that the corpus, assets and earnings of trust do not constitute public funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees from accounts; creating administration account; requiring that any funds appropriated by the Legislature be reimbursed; specifying the state and the Treasurer are not liable or responsible for any debt or obligation of the program and that no debt or obligation of the state is or will be created; specifying the state and the Treasurer are not liable for losses; specifying certain information is confidential; requiring payroll information be provided to the Treasurer; and providing for the transfer of money from the Unclaimed Property Trust Fund for start-up of the program.
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,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 437), under the original double committee reference, was then referred to the Committee on Finance.
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 Bowman, McCabe, Stollings, Unger, Plymale and Chafin:
Senate Bill No. 464--A Bill to amend and reenact §29-6-5 of the Code of West Virginia, 1931, as amended, relating to clarifying provisions relating to functions of the Division of Personnel.
Referred to the Committee on Government Organization.
By Senators Kessler, Edgell and Chafin:
Senate Bill No. 465--A Bill to amend and reenact §8-19-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said code; and to amend and reenact §16-13A-9 of said code, all relating to the discontinuation of water and sewer utility service for a delinquent bill; and the acceptance of payment at the customer's premises.
Referred to the Committee on the Judiciary.
By Senators D. Facemire, McCabe, Plymale and Kessler:
Senate Bill No. 466--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17-17B-1, §17-17B-2, §17-17B-3, §17-17B-4, §17-17B-5, §17-17B-6, §17-17B-7, §17-17B-8 and §17-17B-9, all relating to electronic collection of tolls on certain roads; authorizing the electronic collection of tolls; establishing penalties for nonpayment and damage to facilities; keeping certain information collected confidential and not subject to the Freedom of Information Act; granting rule-making authority; and defining terms.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Bowman, McCabe, Stollings, Minard, Unger and Plymale:
Senate Bill No. 467--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §29-6-29, relating to comprehensive revisions of classification plans for classified and classified-exempt employees and compensation plans for classified employees; providing for reconsideration of allocations of positions to classifications; and authorizing the promulgation of emergency rules.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 468--A Bill to amend and reenact §5-10-48 of the Code of West Virginia, 1931, as amended, relating to permitting retirants receiving benefits from the West Virginia Consolidated Public Employees Retirement System to be employed by a county or municipality without a decrease in their annuity payments.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senators Barnes, Unger, Stollings and Sypolt:
Senate Bill No. 469--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 a $250 tax credit to firemen who have up-to-date credentials during the taxable year.
Referred to the Committee on Finance.
By Senator Barnes:
Senate Bill No. 470--A Bill to amend and reenact §30-26-2 of the Code of West Virginia, 1931, as amended, relating to requiring licensed physicians who engage in the practice of dispensing hearing aids to also have a hearing aid dealer's and fitter's license.
Referred to the Committee on Government Organization.
By Senator Kessler:
Senate Bill No. 471--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to increasing the amount county clerks may charge for copies from $.50 per page to $1.00 per page.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler and Minard:
Senate Bill No. 472--A Bill to amend and reenact §8-29-16 of the Code of West Virginia, 1931, as amended, relating to replacing the requirement that annual reports concerning contributions to regional airport authorities made by counties, municipalities and other persons be published in newspapers with the requirement that those reports be posted on the internet and otherwise made available for inspection and copying; and transferring the auditing authority of the Tax Commissioner to the State Auditor's Office.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Fanning and Chafin:
Senate Bill No. 473--A Bill to amend and reenact §20-7-4 of the Code of West Virginia, 1931, as amended, relating to law- enforcement powers; empowering conservation officers to stop vessels to conduct safety checks to ensure vessels are properly equipped and licensed; and boarding of vessels permitted only with consent of the owner or operator, or upon probable cause if criminal activity is observed or suspected.
Referred to the Committee on Natural Resources.
By Senators Unger, Plymale and Kessler:
Senate Bill No. 474--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §22-29-1, §22-29-2, §22-29-3, §22-29-4 and §22-29-5, all relating to the adoption of green building standards for the construction or renovation of public buildings over fifty thousand square feet in size.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Helmick, Kessler and Unger:
Senate Bill No. 475--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 Pensions; and then to the Committee on Finance.
By Senators McCabe, Barnes, Minard, Browning, Unger, D. Facemire, Stollings, Plymale and Chafin:
Senate Bill No. 476--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6, §5E-3-7, §5E-3-8, §5E-3-9, §5E-3-10 and §5E-3-11; and to amend and reenact §31-15-6 of said code, all relating to the creation of an innovation and development program; providing a short title and declaration of policy; setting forth purposes; providing definitions; authorizing and directing the Economic Development Authority to propose rules to implement its provisions and provide for the effective and efficient administration of the program; authorizing the authority to provide technical and professional assistance to entrepreneurs in the state; authorizing the authority to make qualified investments and loans; authorizing recoverable revenue credits to private investors for investments in qualified investment companies pursuant to rules to be promulgated by the authority; authorizing tax credits to investors in qualified community development entities; creating a revolving fund to deposit all profits collected by the Economic Development Authority; and specifying disclosure, conflict of interest and confidentiality standards for the operation of the innovation and development program.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Tomblin (Mr. President), Palumbo, Stollings and Plymale:
Senate Bill No. 477--A Bill to amend and reenact §4-1-23 of the Code of West Virginia, 1931, as amended, relating to reports that are supposed to be filed with the Legislature, Legislative Manager, Legislative Auditor, the President of the Senate and the Speaker of the House of Delegates or the Joint Committee on Government and Finance; requiring copies of the reports to be submitted to the Legislative Librarian; requiring the copies to be submitted on electronic media or by way of the internet; and providing that failure to comply is nonfeasance.
Referred to the Committee on Government Organization.
By Senators Bowman and Minard:
Senate Bill No. 478--A Bill to repeal §5A-3-14, §5A-3-21, §5A- 3-22, §5A-3-23, §5A-3-24, §5A-3-25, §5A-3-26, §5A-3-37a, §5A-3-42, §5A-3-54, §5A-3-55 and §5A-3-55a of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A-3-2, §5A-3- 3, §5A-3-4, §5A-3-10, §5A-3-10b, §5A-3-11, §5A-3-11a, §5A-3-11c, §5A-3-12, §5A-3-15, §5A-3-18, §5A-3-19, §5A-3-35, §5A-3-36, §5A-3- 37 and §5A-3-45 of said code, all relating to the functions of the purchasing director; procurement process; documentation of inventory; and transportation of surplus property.
Referred to the Committee on Government Organization.
By Senators Bowman, McCabe, Stollings, Minard and Chafin:
Senate Bill No. 479--A Bill to amend and reenact §5A-10-1, §5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6 and §5A-10-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §5A-10-12 and §5A- 10-13, all relating to the functions of the purchasing director and the powers and duties of acquiring real property; contracting for third-party real estate services and billing spending units for the actual costs of such third-party services; billing spending units for the services rendered by the Real Estate Division; excepting the deposit of revenues derived from wireless communication tower leases on property subject to a pledge of its revenues in connection with a bond issue into the General Revenue Fund; and creating a special revenue fund for the acquisition of real property and payment of associated costs.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
Senators Prezioso, Barnes, Jenkins, Oliverio, Minard, Unger, Stollings, Plymale, Kessler and Yost offered the following resolution:
Senate Concurrent Resolution No. 16--
Requesting the Joint Committee on Government and Finance to study the educational and communication barriers facing children who are deaf or hard of hearing and their families in West Virginia and the adequacy of current statutes and enforcement of said statutes to address these barriers.
Whereas, Hearing loss impacts the most basic of humans needs: the ability to communicate with other human beings; and
Whereas, Children who are deaf or hard of hearing communicate using various communication modes including sign language, speech and other means; and
Whereas, There are currently more than three hundred seventy- five children who are deaf or hard of hearing in the State of West Virginia between the ages of birth and twenty-one; and
Whereas, Young children who are deaf or hard of hearing typically lack significant English language skills; and
Whereas, Many individuals who are deaf or hard of hearing remain underemployed after completing school because of significant employment barriers including communication, literacy and employer attitudes; and
Whereas, Children who are deaf or hard of hearing require specialized instruction, services, equipment and materials; and Whereas, Significant barriers exist for individuals who are deaf or hard of hearing in our current education system and must be addressed; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study educational and communication barriers facing children who are deaf or hard of hearing in West Virginia and the adequacy of current statutes and enforcement of said statutes to address these barriers; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators Bowman, Jenkins, Laird, Palumbo, Stollings, Williams, Unger, Tomblin (Mr. President), Barnes, Oliverio, Minard, Green, Wells, McCabe, Plymale, Chafin, Kessler and Yost offered the following resolution:
Senate Resolution No. 15--Designating February 4, 2010, as "Law Enforcement Appreciation Day".
Whereas, West Virginia can boast as having one of the lowest crime rates in the United States; and
Whereas, It is fitting and proper that law-enforcement officers be commended, encouraged and honored for their contributions that have resulted in these statistics; and
Whereas, Law-enforcement officers give generously of themselves both in spirit and deed so others might share in the joy of living in a free and democratic society; and
Whereas, Law-enforcement officers have the desire to help their fellow citizens in times of need, no matter how dangerous or difficult the situation; and
Whereas, We honor and appreciate the outstanding law-enforcement officers who have distinguished themselves with unselfish and exemplary service to the community and its citizens; therefore, be it
Resolved by the Senate:
That the Senate hereby declares February 4, 2010, as "Law Enforcement Appreciation Day"; and, be it
Further Resolved, That the Senate is proud of the men and women who daily put their lives on the line and who uphold the creed "To protect and serve"; and, be it
Further Resolved,
T hat all West Virginians are encouraged to give due recognition to law-enforcement officers for distinguishing West Virginia with one of the lowest crime rates in America.
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.
Petitions

Senator Yost presented a petition from Pavanne L. Pettigrew and West Virginia Public Workers Union UE Local 170, requesting cost of living adjustment for public workers.
Referred to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 7, Requesting DOH name bridge in Woodville, Lincoln County, "Private First Class Karol Clay Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 10, Requesting DOH name bridge on Coalfields Expressway, Raleigh County, "Craig Dorsey II Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 11, Requesting DOH name bridge at Mercer's Bottom, Mason County, "Private First Class Kenneth W. Bright Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 13, Requesting DOH name bridge in Big Chimney, Kanawha County, "Private First Class Thomas Keith Coleman Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 14, Requesting DOH name bridge in Scott Depot, Putnam County, "Trooper William 'Bill' Phillips Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Senate Bill No. 381, Regulating ability of Division of Banking employees to obtain certain loans.
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.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Plymale, Browning and K. Facemyer.
Thereafter, at the request of Senator Edgell, and by unanimous consent, the remarks by Senators Plymale and Browning were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 5, 2010, at 11 a.m.
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