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sdj-29th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

TWENTY-NINTH DAY

____________

Charleston, W. Va., Wednesday, February 10, 2010

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

Prayer was offered by the Reverend Todd Wright, Village Chapel Presbyterian Church, Charleston, West Virginia. John Marshall Fife and Drum Corps of Marshall University performed a selection of songs, including "The Star-Spangled Banner".
Pending the reading of the Journal of Tuesday, February 9, 2010,
On motion of Senator Helmick, 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 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. 38, Creating WV Servicemembers Civil Relief Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 79, Limiting certain parks and recreation entities' liability.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 79 (originating in the Committee on Natural Resources)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7- 11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; to amend and reenact §20-4-5 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability for parks and recreation; limiting the liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners, any officer or agent of a nonprofit state park or forest foundation; limiting the liability of owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities without remuneration; and limiting the liability of equestrians.
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,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 79), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 218, Providing for early parole eligibility for certain inmates.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 218 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §62-12-13 of the Code of West Virginia, 1931, as amended, relating to powers and duties of the board of parole; eligibility for parole; changing when an inmate's written parole release plan may be prepared and considered; procedures for granting parole; accelerated parole eligibility for certain inmates who complete a rehabilitation treatment plan created with the assistance of a standardized risk and needs assessment; authorizing the Division of Corrections to promulgate policies and procedures related to accelerated parole eligibility; authorizing board of parole to contingently grant parole allowing board of parole to consider inmates for parole who have certain detainers pending against them; reducing the period for parole reconsideration; making technical corrections; making effective date for provisions related to parole release plans effective from passage; and creating an internal effective date of January 1, 2011, for other amendments to the section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Com. Sub. for Senate Bill No. 236 (originating in the Committee on Agriculture), Creating Aquaculture Development Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 236 (originating in the Committee on Economic Development)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-32-1, §19-32-2, §19-32-3, §19-32-4 and §19- 32-5, all relating to promoting aquacultural development in West Virginia; creating the Aquaculture Development Act; providing definitions; setting forth legislative findings and purpose; setting forth the powers and duties of the Department of Agriculture; creating the Aquaculture Advisory Board; and setting forth the duties of the board.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Richard Browning,
Chair.
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. 247, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to continuing education.
And has amended same.
Senate Bill No. 249, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to qualifications, training, examination and licensure of instructors in barbering and beauty culture.
And has amended same.
Senate Bill No. 251, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to operation of barber, beauty shops and schools of barbering and beauty culture.
And has amended same.
Senate Bill No. 262, Authorizing Board of Examiners in Counseling promulgate legislative rule relating to marriage and family license renewal and continuing professional education.
And has amended same.
Senate Bill No. 264, Authorizing Board of Examiners in Counseling promulgate legislative rule relating to licensed professional counselor license renewal and continuing professional education requirements.
And has amended same.
Senate Bill No. 304, Authorizing Board of Occupational Therapy promulgate legislative rule relating to administrative rules of board and licensure of occupational therapists and occupational therapy assistants.
And has amended same.
Senate Bill No. 306, Authorizing Board of Occupational Therapy promulgate legislative rule relating to continuing education and competence.
And has amended same.
Senate Bill No. 307, Authorizing Board of Occupational Therapy promulgate legislative rule relating to competency standards for advance practice by occupational therapists and occupational therapy assistants.
And has amended same.
Senate Bill No. 308, Authorizing Board of Occupational Therapy promulgate legislative rule relating to ethical standards of practice.
And has amended same.
And,
Senate Bill No. 309, Authorizing Board of Osteopathy promulgate legislative rule relating to licensing procedures for osteopathic physicians.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary, with amendments from the Committee on Government Organization 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. 252, Authorizing Board of Barbers and Cosmetologists promulgate legislative rule relating to schedule of fees.
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,
Edwin J. Bowman,
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 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. 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 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.
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. 310, Authorizing Board of Osteopathy promulgate legislative rule relating to formation and approval of professional limited liability companies.
Senate Bill No. 319, Authorizing Board of Examiners for Speech-Language Pathology and Audiology promulgate legislative rule relating to licensure of speech-pathology and audiology.
Senate Bill No. 415, Authorizing Board of Psychologists promulgate legislative rule relating to qualifications for licensure as psychologist or school psychologist.
And,
Senate Bill No. 416, Authorizing State Police promulgate legislative rule relating to State Police Career Progression System.
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,
Edwin J. Bowman,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 329, Creating Herbert Henderson Office of Minority Affairs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 329 (originating in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5-26-1 and §5-26-2, all relating to the creation of the Herbert Henderson Office of Minority Affairs; defining minority; establishing the powers and duties of the office; providing for an executive director, staff and office; requiring annual reports to the Governor and the Joint Committee on Government and Finance; and creating a Minority Affairs Fund.
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. 329), 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. 337, Requiring Racetrack Video Lottery Fund be used for certain payments.
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,
Jeffrey V. Kessler,
Chair.
The bill, 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. 343, Increasing minimum age for ending compulsory school attendance.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 343 (originating in the Committee on Education)--A Bill
to amend and reenact §18-8-1, §18- 8-1a and §18-8-4 of the Code of West Virginia, 1931, as amended, all relating to compulsory school attendance; increasing the minimum age for ending compulsory school attendance to age seventeen; and reducing to five the number of days of unexcused absences at which proceedings to enforce attendance begin.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (Com. Sub. for S. B. No. 343) contained in the foregoing report from the Committee on Education 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. 389, Relating to eligibility of certain felons to receive certain federally funded benefits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 389 (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 §9-5-21; and to amend said code by adding thereto a new section, designated §9-9-23, all relating to opting out of the 21 U. S. C. §862a restriction concerning the eligibility of certain persons from receiving the benefits of certain federally funded programs.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be refereed to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 389), 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. 391, Relating to county board of education members' eligibility.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
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. 397, Creating single dwelling residential housing index and multiplier.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 397 (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 §11-1-2b, relating to creating a single dwelling residential housing index and multiplier; requirements for the Tax Commissioner; contents of the index and multiplier; and reporting requirement.
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.
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. 406, Authorizing Directors of WV Health Insurance Plan promulgate legislative rule relating to premium subsidy.
Senate Bill No. 407, Authorizing Directors of WV Health Insurance Plan promulgate legislative rule relating to preexisting conditions exclusion.
Senate Bill No. 409, Authorizing Insurance Commissioner promulgate legislative rule relating to variable life insurance.
Senate Bill No. 410, Authorizing Insurance Commissioner promulgate legislative rule relating to annuity disclosure.
Senate Bill No. 411, Authorizing Insurance Commissioner promulgate legislative rule relating to Medicare supplement insurance.
And,
Senate Bill No. 413, Authorizing Insurance Commissioner promulgate legislative rule relating to preventive care pilot program.
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. 412, Authorizing Insurance Commissioner promulgate legislative rule relating to coordination of health benefits.
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 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. 438, Creating misdemeanor offenses of driving while using text-based message device.
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 amendments from the Committee on Transportation and Infrastructure pending.
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 and Plymale:
Senate Bill No. 520--A Bill to amend and reenact §5A-2-33 of the Code of West Virginia, 1931, as amended, relating to the financial accounting and reporting section of the Finance Division of the Department of Administration; and the powers and duties of the comptroller to give the authority to take actions necessary to require audited and unaudited agencies to comply with the deadlines set forth for the preparation of the comprehensive annual financial report.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 521--A Bill to repeal §51-10-8 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-2-23, relating to qualifications of professional bondsmen in criminal cases; and removing professional bondsmen in criminal cases from regulation and administration by the Supreme Court of Appeals and transferring this responsibility to the Insurance Commissioner.
Referred to the Committee on Banking and Insurance; and then to the Committee on the Judiciary.
By Senators Caruth, Barnes, Bowman and Kessler:
Senate Bill No. 522--A Bill to amend and reenact §49-2B-8 of the Code of West Virginia, 1931, as amended, relating to authorizing Federal Bureau of Investigation criminal history record checks for child welfare agencies.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Minard, D. Facemire and Kessler:
Senate Bill No. 523--A Bill to amend and reenact §9-2-9 of the Code of West Virginia, 1931, as amended, relating to directing the Secretary of the Department of Health and Human Resources to make recommendations relating to seeking a Medicaid waiver for patients with traumatic brain injury.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Prezioso, Stollings, Foster, Hall, Jenkins, Minard, Caruth, White, Unger and Plymale:
Senate Bill No. 524--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-20, relating to the development of a pilot program for unlicensed persons to administer medications in a nursing home by the Board of Registered Professional Nurses.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Minard, D. Facemire, Williams, Foster, Kessler and Plymale:
Senate Bill No. 525--A Bill to amend and reenact §20-5-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §20-5-5a, all relating to parks and recreation; and authorizing the issuance of park development revenue bonds for the purpose of keeping state parks in or exceeding compliance with the Americans with Disabilities Act.
Referred to the Committee on Natural Resources; and then to the Committee on Finance.
By Senators Fanning, Edgell, White, Sypolt and Unger:
Senate Bill No. 526--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state; and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 527--A Bill to amend and reenact §29-18-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §29-18-25, all relating to powers, duties and responsibilities of the West Virginia State Rail Authority; requiring the authority to establish a state plan for transportation and local rail services; and providing what the state plan may include.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on Finance.
By Senators Prezioso, Jenkins, Oliverio, Foster and Kessler:
Senate Bill No. 528--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-29C-1, §16-29C-2, §16-29C-3, §16-29C-4 and §16-29C- 5, all relating to the creation of the Commission on the Scope of Practice in Health Care Delivery; setting forth legislative findings; establishing the membership of the commission; designating a chairperson for the commission; setting forth the qualifications of commission members; establishing the purpose of the commission; setting forth the powers and duties of the commission; setting forth reporting requirements of the commission; requiring an annual report; establishing factors for consideration in making recommendations regarding scope of practice; setting forth applicability to specific professions and occupations; and granting legislative rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Edgell, White, Barnes, Kessler and Wells:
Senate Bill No. 529--A Bill to amend and reenact §22-6-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-6A-1, §22-6A-2, §22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A- 9 and §22-6A-10, all relating to creating the Surface Owners' Rights Recognition Act; protecting the rights of surface owners of property where oil or gas wells are to be located; making legislative findings; requiring oil and gas operators to give notice of planned work and its impact upon the property before entry is made; setting forth notice requirements; prohibiting waivers; providing exceptions; setting forth civil penalties; and requiring separate bonds to be posted.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Boley, White and Bowman:
Senate Bill No. 530--A Bill to amend and reenact §16-3-4 of the Code of West Virginia, 1931, as amended, relating to requiring all children entering school in the state to demonstrate that they have been immunized against diphtheria, polio, rubeola, rubella, tetanus and whooping cough; providing medical and nonmedical exemptions; providing the temporary suspension of an exemption during health emergencies; requiring school personnel to notify identified officials of anyone coming into a school who has not been immunized; and granting the Commissioner of the Bureau for Public Health with rule-making authority.
Referred to the Committee on Education; and then to the Committee on Health and Human Resources.
By Senators Bowman, Oliverio and Plymale:
Senate Bill No. 531--A Bill to amend and reenact §29-24-5 of the Code of West Virginia, 1931, as amended, relating to amending the meeting requirements of the Technology-Related Assistance Revolving Loan Fund for Individuals With Disabilities Board from four times per year to as necessary.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 532--A Bill to repeal §44-2-2 and §44-2-3 of the Code of West Virginia, 1931, as amended, relating to removing the provisions requiring fiduciary commissioners to publish notice.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Unger, Minard, Chafin and Plymale:
Senate Bill No. 533--A Bill to amend and reenact §61-8D-5 of the Code of West Virginia, 1931, as amended, relating to conforming the statutory language of subsection (b) of the statute to the title of the statute by embodying in subsection (b) that the offense may be committed by "allowing" the described sexual abuse; and preserving prior law.
Referred to the Committee on the Judiciary.
By Senators Kessler, Unger, Barnes, Laird, Browning, Minard and Chafin:
Senate Bill No. 534--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60A-4-410a, relating to mandating practitioners to report suspected prescription fraud involving controlled substances to law-enforcement agencies; penalty; and immunity.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler, Unger, Laird and Oliverio:
Senate Bill No. 535--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended, relating to making a conviction for fleeing a vehicle after a law-enforcement officer has directed the vehicle to stop and whose fleeing occupant is under the influence of alcohol, controlled substances or drugs at the time to be an underlying conviction as a second, third or subsequent offense for criminal penalty purposes.
Referred to the Committee on the Judiciary.
Senators Prezioso, Jenkins, Barnes, Foster and Plymale offered the following resolution:
Senate Concurrent Resolution No. 27--
Amending the Joint Rules of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be amended by adding thereto a new rule, designated Joint Rule No. 32, to read as follows:
Joint Committee on Scope of Medical Practice:
32. (a) All scope of practice related legislation introduced in either house of the Legislature shall be referred to the standing committee on Health and Human Resources in addition to any other reference the presiding officer may designate. Upon reference of any scope of practice related legislation, the committee shall forward such legislation to the Commission on Scope of Practice who shall return recommendations regarding the merit of the legislation to the committee prior to the committee's consideration of such legislation.
(b) The commission shall make a continuing study and investigation of scope of practice of all health care and medical fields functioning in the state. The powers and duties of the commission regarding scope of practice include, but are not limited to, the following:
(1) Studying the expansion or limitation of the scope of medical practice of all health care fields functioning in West Virginia;
(2) Making recommendations on the merits of expanding or limiting the various scope of practices of all health related and medical fields functioning within the state following receipt of recommendation of the Commission on Scope of Practice;
(3) Analyzing each item of proposed scope of practice legislation, including amendments thereto, with particular reference to analysis as to safety, medical necessity, and adherence to sound medical guidelines and policy, and reporting of its findings in regard thereto to the Legislature; and
(4) Maintaining reference materials concerning scope of practice matters, including, without limitation, information as to laws and systems in other states.
(c) The Legislature may not consider any legislation that would modify the scope of practice of medical or health care field without first obtaining recommendations from the Commission on Scope of Practice. Upon receipt of a recommendation from the Commission on Scope of Practice, the committee may adopt the recommendation, reject the recommendation or amend it as the committee deems necessary in the public interest.
(d) This rule may be suspended by the adoption of a resolution by two-thirds of the membership of each house providing for the suspension of the rule.
Which, under the rules, lies over one day.
Senators Plymale, Tomblin (Mr. President), Jenkins, White, Unger, Barnes, Stollings, Laird, Oliverio, Williams, Yost, Minard, Foster, Kessler, McCabe, Prezioso, Chafin and Wells offered the following resolution:
Senate Resolution No. 20--Designating February 10, 2010, as "Marshall University Day".
Whereas, Marshall University is one of the state's premier institutions of higher education; and
Whereas, Marshall University educates nearly 14,000 students at campus locations in Huntington, Point Pleasant, South Charleston, Beckley, Logan and Gilbert and offers degrees at the associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation for research in biotechnology, forensics and medicine through its College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University has established a goal of creating new, high-value job opportunities through the Marshall Institute for Interdisciplinary Research as part of West Virginia's "Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall University, the University generates nearly $8 spent in the West Virginia economy, resulting in an estimated output generated by Marshall of $547 million per year; and
Whereas, In 2009, two native West Virginians, Mike Hamrick of Clendenin and John "Doc" Holliday of Hurricane, enthusiastically accepted the positions of Director of Athletics and head football coach, respectively, at Marshall University while proudly acknowledging their love for this great state; and,
Whereas, Since the Marshall Recreation Center opened for business one year ago, approximately 200,000 people have taken advantage of its services, while discovering that "Fun, Fitness and Friendship Forever" is not just a slogan, but a way of life; and
Whereas, Full-time enrollment at Marshall University increased nearly 3.8 percent from Fall 2008 to Fall 2009, and new freshmen from West Virginia increased by 200 students or 16.5 percent during that same time; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible Manufacturing is providing services to all 55 state counties and providing expertise to more than 4,300 small and medium-sized manufacturers that employ more than 73,000 individuals across West Virginia; and
Whereas, The Nick J. Rahall II Appalachian Transportation Institute of Marshall University is setting national standards in transportation; and
Whereas, Marshall University's Health Sciences train hundreds of West Virginians to serve as doctors, nurses, therapists and health technicians each year; and
Whereas, Marshall University alumni number more than 90 thousand across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 10, 2010, as "Marshall University Day"; and
Further Resolved, That the Senate hereby recognizes Marshall University for its tremendous contributions to the state of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Stephen J. Kopp, President of Marshall University.
At the request of Senator Plymale, 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 Chafin, Williams, Wells and Plymale offered the following resolution:
Senate Resolution No. 21--Honoring Donald Spence for his dedication and commitment in the field of education.
Whereas, Donald Spence is a lifelong native of Mingo County and currently resides in Delbarton, West Virginia; and
Whereas, As a student, Donald Spence graduated as valedictorian of Burch High School in 1981, and continued his education at West Virginia Tech, graduating in 1984, with a Bachelor of Science degree; and
Whereas, In 2000, Donald Spence earned a Masters degree in Educational Leadership Studies; and
Whereas, Donald Spence has accumulated 26 years of experience in the education field, as a teacher, coach and administrator and currently serves as the principal of Dingess Elementary School; and Whereas, Donald Spence has a passion for the success of each student that attends Dingess Elementary School and their well-being and happiness is evident upon their smiling faces; and
Whereas, Under the leadership of Donald Spence, the students at Dingess Elementary School improved their scores on a more rigorous WESTEST, while many other schools' saw their scores drop; and
Whereas, Donald Spence and the teachers and students at Dingess Elementary School are a shining example to all West Virginians of what can be accomplished through strong leadership, positive attitudes and the desire to be the best; and
Whereas, Donald Spence is married to his beloved wife Traci, with whom he shares the joy of their three daughters, Courtney, Abigail and Patty; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Donald Spence for his dedication and commitment in the field of education; and, be it
Further Resolved, That the Senate commends Donald Spence for putting his students first and preparing them for the future; and, be it
Further Resolved,
That the Clerk is hereby directed to forward a copy of this resolution to Donald Spence.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Requesting DOH name bridge in Boone County "Private First Class Edward C. Miller Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 25, Requesting DOH name bridge in Wayne County "Master Sergeant Ernie Wallace Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 26, Requesting DOH name bridge in Kanawha County "Private First Class Vernon L. Dillard 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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 380, Expanding animal fighting prohibitions.
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, 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)--32.
The nays were: Fanning--1.
Absent: Caruth--1.
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. 380) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 380--A Bill to amend and reenact §61-8-19a of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-8-19c, all relating to criminalizing as a felony engaging in animal fighting; criminalizing possession, use, transport or sale of any device to enhance an animal's fighting ability with the intent it be so used; requiring divestiture of ownership interest in animals of persons convicted of animal fighting violations; criminalizing wagering on animal fights; and penalties.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 405, Authorizing DEP promulgate legislative rule relating to oil and gas wells and other wells.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Sypolt, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 420, Denying certain retired troopers from carrying handguns.
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, 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)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 420) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 499, Changing names of certain community and technical colleges.
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, 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)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 499) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, 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)--33.
The nays were: None.
Absent: Caruth--1.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 499) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Senate Bill No. 350, Recategorizing recycled energy as renewable energy resource.
On second reading, coming up in regular order, was read a second time.
The following amendment to the bill, from the Committee on Economic Development, was reported by the Clerk and adopted:
On page nine, section three, line one hundred forty-four, by striking out the words "not produced from corn,".
The bill (S. B. No. 350), as amended, was then ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 436, Updating language relating to process of incorporation.
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 Senator Prezioso.
On motion of Senator Chafin, a leave of absence for the day was granted Senator Caruth.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 11, 2010, at 11 a.m.
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