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WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

EIGHTIETH LEGISLATURE

REGULAR SESSION, 2012

THIRTY-FIRST DAY

____________

Charleston, W. Va., Friday, February 10, 2012

    The Senate met at 11 a.m.

(Senator Kessler, Mr. President, in the Chair.)

    Prayer was offered by the Reverend Kenneth Huffman, London Baptist Church, London, West Virginia.

    Pending the reading of the Journal of Thursday, February 9, 2012,

    On motion of Senator Minard, 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.

    On motion of Senator Unger, the Senate recessed for five minutes to permit Alex Collins to address the Senate on behalf of the Frasure-Singleton Student Legislative Program.

    Upon expiration of the recess, the Senate reconvened and proceeded to the third order of business.

    A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect from passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to

    Eng. Senate Bill No. 469, Relating generally to other post-employment benefits.

    On motion of Senator Unger, the message on the bill was taken up for immediate consideration.

    The following House of Delegates amendment to the bill was reported by the Clerk:

    On pages six and seven, section three, lines eighty through eighty-seven, by striking out all of subdivisions eleven and twelve and inserting in lieu thereof two new subdivisions, designated subdivisions eleven and twelve, to read as follows:

    (11) Initiating steps by the agency to adjust payment by the agency for the treatment of hospital acquired infections and related events consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services. The agency shall protect employees and retired employees from any adjustment in payment for hospital acquired infections; and

    (12) Initiating steps by the agency to reduce the number of employees and retired employees who experience avoidable readmissions to a hospital for the same diagnosis related group illness within thirty days of being discharged by a hospital in this state or another state consistent with the payment policies, operational guidelines and implementation timetable established by the Centers of Medicare and Medicaid Services.

    On motion of Senator Unger, the Senate concurred in the House of Delegates amendment to the bill.

    Engrossed Senate Bill No. 469, as amended by the House of Delegates, was then put upon its passage.

    On the passage of the bill, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Helmick and Miller--2.

    So, a majority of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 469) passed with its title.

    Senator Unger moved that the bill take effect from passage.

    On this question, the yeas were: Barnes, Beach, Boley, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Hall, Jenkins, Kirkendoll, Klempa, Laird, McCabe, Minard, Nohe, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Tucker, Unger, Wells, Williams, Wills, Yost and Kessler (Mr. President)--32.

    The nays were: None.

    Absent: Helmick and Miller--2.

    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. 469) takes effect from passage.

    Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.

    At the request of Senator Plymale, and by unanimous consent, Senator Plymale addressed the Senate regarding the passage of Engrossed Senate Bill No. 469.

    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. 4127--A Bill to amend and reenact §2-2-1a of the Code of West Virginia, 1931, as amended, relating to declaring August 7 as a special memorial day to be known as Purple Heart Recognition Day.

    Referred to the Committee on Military; and then to the Committee on Government Organization.

    The Senate proceeded to the fourth order of business.

    Senator Tucker, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:

    Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 9th day of February, 2012, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:

    (Com. Sub. for S. B. No. 165), Creating criminal offense of sexual contact on incarcerated persons by correctional employees.

                             Respectfully submitted,

                               Gregory A. Tucker,

                                 Chair, Senate Committee.

                               Meshea L. Poore,

                                 Chair, House Committee.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 75, Creating Equine Rescue Facilities Act.

    And,

    Senate Bill No. 214, Clarifying sunrise review requirement for establishment, revision or expansion of professional scope of practice.

    And reports the same back with the recommendation that they each do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 159, Relating to Division of Rehabilitation Services teacher pay rate.

    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,

                               Herb Snyder,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on Finance.

    Senator Palumbo, 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. 164, Increasing sanctions for certain lawsuits and complaints filed by prisoners.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 164 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §25-1A-4 and §25-1A-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §25-1A-6a, all relating to sanctions imposed against prisoners for filing frivolous or malicious litigation and unmerited administrative complaints; and sanctions imposed against prisoners for filing certain frivolous litigation against licensed professionals providing services to the state and inmate population.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 185, Increasing maximum amount paid by Employee Suggestion Award Board.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 185 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to the Employee Suggestion Award Program; increasing the maximum cash award; requiring the board to report to the Legislature every five years; and allowing the Governor to make a secondary award.

    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,

                               Herb Snyder,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 185), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Palumbo, 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. 245, Authorizing Commission for Deaf and Hard of Hearing promulgate legislative rule relating to qualifications and ethical standards for interpreters and transliterators.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 245 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Health and Human Resources; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to credentialing verification organizations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to a safety and treatment program; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to an all-payer claims database--data submission requirements; authorizing the Secretary of the Department of Health and Human Resources, the Insurance Commissioner and the Chair of the West Virginia Health Care Authority to promulgate a legislative rule relating to the all-payer claims database program’s privacy and security; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems operators; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to wastewater systems and operations; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to vital statistics; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to manufactured home communities; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to AIDS-related medical testing and confidentiality; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems design standards; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care facility licensing requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to family child care home registration requirements; authorizing the Division of Human Services to promulgate a legislative rule relating to a child care quality rating and improvement system; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to fees for qualified interpreters; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators; and authorizing the Board of Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a premium subsidy.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    Senator Palumbo, 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. 287, Authorizing Insurance Commissioner promulgate legislative rule relating to surplus lines insurance.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 287 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 7, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Tax Department to promulgate a legislative rule relating to the payment of taxes by electronic funds transfer; authorizing the State Tax Department to promulgate a legislative rule relating to the commercial patent incentives tax credit; authorizing the State Tax Department to promulgate a legislative rule relating to an exchange of information agreement between the State Tax Department and the Department of Commerce, the Department of Transportation and the Department of Environmental Protection; authorizing the Insurance Commissioner to promulgate a legislative rule relating to the licensing and conduct of insurance producers and agencies; authorizing the Insurance Commissioner to promulgate a legislative rule relating to surplus lines insurance; authorizing the Insurance Commissioner to promulgate a legislative rule relating to insurance holding company systems; authorizing the Insurance Commissioner to promulgate a legislative rule relating to continuing education for individual insurance producers; authorizing the Insurance Commissioner to promulgate a legislative rule relating to mini COBRA; authorizing the Insurance Commissioner to promulgate a legislative rule relating to workers’ compensation insurance for state agencies; authorizing the Division of Banking to promulgate a legislative rule relating to residential mortgage lenders, brokers and loan originators; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to licensed retailer operations; authorizing the Alcohol Beverage Control Commission to promulgate a legislative rule relating to the licensing of retail outlets; authorizing the Racing Commission to promulgate a legislative rule relating to simulcast pari-mutuel wagering at an authorized gaming facility in a historic hotel; and authorizing the Athletic Commission to promulgate a legislative rule relating to mixed martial arts.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 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. 330, Relating to licensure of insurance adjusters.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 330 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §33-12B-1 and §33-12B-9 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §33-12B-4a, all relating to insurance and licensure of adjusters; adding a definition of “automated claims adjudication system”; exemptions for certain individuals from adjuster licensure in this state; and adjuster licensing of residents of Canada in this state.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 330), under the original double committee reference, was then referred to the Committee on Government Organization.

    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 335, Providing electronic payments subject to returned check fees.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 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. 336, Eliminating mortgage lender license exemption available to bank subsidiaries.

    And,

    Senate Bill No. 337, Relating to powers and duties of Commissioner of Banking.

    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 Government Organization.

                             Respectfully submitted,

                               Joseph M. Minard,

                                 Chair.

    Senate Bill No. 336, under the original double committee reference, was then referred to the Committee on Government Organization.

    At the request of Senator Snyder, as chair of the Committee on Government Organization, unanimous consent was granted to dispense with the second committee reference of Senate Bill No. 337 contained in the foregoing report from the Committee on Banking and Insurance.

    On motion of Senator Minard, Senate Bill No. 337 was then referred to the Committee on Finance.

    Senator Stollings, 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. 341, Creating Restroom Access Act.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 341 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-44-1, §16-44-2, §16-44-3, §16-44-4 and §16-44-5, all relating to access to nonpublic restrooms by individuals with certain medical conditions and under specified circumstances; and providing criminal penalty for violation.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 341), under the original double committee reference, was then referred to the Committee on Government Organization.

    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. 345, Relating to refinancing or consolidation of certain nonrevolving consumer loan or consumer credit sale.

    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,

                               Joseph M. Minard,

                                 Chair.

    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Com. Sub. for Senate Bill No. 379 (originating in the Committee on Health and Human Resources), Authorizing Board of Registered Professional Nurses designate certain treatment and recovery programs for licensees.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Com. Sub. for Senate Bill No. 379 (originating in the Committee on Government Organization)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-11a; and to amend said code by adding thereto a new article, designated §30-7E-1, §30-7E-2 and §30-7E-3, all relating to authorizing the West Virginia Board of Examiners for Registered Professional Nurses to designate nurse health programs for licensees and applicants for treatment and recovery for alcohol abuse, chemical dependency or major mental illness; and enrolling on a voluntary basis without being subject to disciplinary action if the person complies with the goals and restrictions of the program.

    With the recommendation that the committee substitute for committee substitute do pass.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Prezioso, from the Committee on Finance, submitted the following report, which was received:

    Your Committee on Finance has had under consideration

    Senate Bill No. 390, Relating generally to state revenue funds.

    And reports the same back with the recommendation that it do pass.

                             Respectfully submitted,

                               Roman W. Prezioso, Jr.,

                                 Chair.

    Senator Palumbo, 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. 408, Creating criminal offense for intentional defacement of public and private property.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 408 (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 §61-3-59, relating to crimes against property involving graffiti; defining offense and terms; and establishing penalties.

    With the recommendation that the committee substitute do pass.

                             Respectfully submitted,

                               Corey Palumbo,

                                 Chair.

    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. 446, Relating to harassment, intimidation or bullying of public school students.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 446 (originating in the Committee on Education)--A Bill to amend and reenact §18-2C-2, §18-2C-3 and §18-2C-5 of the Code of West Virginia, 1931, as amended, all relating to harassment, intimidation or bullying of students in public schools; adding elements to definition of “harassment, intimidation or bullying”; and expressing that certain statutory provisions, policy, training and education does not infringe upon first amendment rights of certain persons and does not prohibit expression of religious, philosophical or political views so long as the expression does not cause a material disruption of the work of the school.

    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. 446), under the original double committee reference, was then referred to the Committee on the Judiciary.

    Senator Stollings, 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. 457, Continuing Rural Health Initiative; other provisions.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 457 (originating in the Committee on Health and Human Resources)--A Bill to repeal §18B-16-7, §18B-16-8 and §18B-16-9 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18B-16-1, §18B-16-2, §18B-16-3, §18B-16-4, §18B-16-5 and §18B-16-6 of said code, all relating to continuing the Rural Health Initiative; setting forth legislative findings, purpose and definitions; discontinuing the Rural Health Advisory Committee and assigning certain of its duties to the Vice Chancellor for Health Sciences; deleting the requirement for creation of primary health care education sites; clarifying certain funding mechanisms and audit and reporting requirements; strengthening accountability measures; updating names; making technical corrections; and deleting obsolete language.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Education.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 457), under the original double committee reference, was then referred to the Committee on Education.

    Senator Palumbo, 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. 468, Allowing Courthouse Facilities Improvement Authority issue bonds.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 468 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-26-2, §29-26-5 and §29-26-6 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eight new sections, designated §29-26-7, §29-26-8, §29-26-9, §29-26-10, §29-26-11, §29-26-12, §29-26-13 and §29-26-14, all relating to providing the West Virginia Courthouse Facilities Improvement Authority with the ability to issue bonds to raise funds for paying the costs of approved modifications or construction of courthouse facilities; defining terms; adding bond-related activities to the powers of the authority; providing that moneys from the West Virginia Courthouse Facilities Improvement Fund may be disbursed for payment of debt service on bonds; authorizing the authority to issue bonds; setting circumstances for bond issuance and potential terms of bonds; authorizing repayment of debt; permitting bonds be secured by trust agreement and setting certain parameters; permitting refunding bonds; clarifying that bonds by the authority are not a pledge of faith and credit of the state, county, municipality or other subdivision of the state; declaring bonds issued as negotiable instruments under the Uniform Commercial Code; exempting all bonds by the authority, as well as interest and income thereon, from taxation by the state or any subdivision; declaring that certain individuals have no personal liability in relation to issuance of bonds; and granting cumulative authority for exercising certain powers, including if no bonds are issued by the authority.

    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,

                               Corey Palumbo,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 468), under the original double committee reference, was then referred to the Committee on Finance.

    Senator Snyder, from the Committee on Government Organization, submitted the following report, which was received:

    Your Committee on Government Organization has had under consideration

    Senate Bill No. 500, Allowing IS&C to bill certain spending units for telecommunication services annually.

    And has amended same.

    And reports the same back with the recommendation that it do pass, as amended.

                             Respectfully submitted,

                               Herb Snyder,

                                 Chair.

    Senator Stollings, 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. 501, Requiring health insurance coverage of certain hearing aids.

    And reports back a committee substitute for same with the following title:

    Com. Sub. for Senate Bill No. 501 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-15-4k; to amend said code by adding thereto a new section, designated §33-16-3w; to amend said code by adding thereto a new section, designated §33-24-7l; to amend said code by adding thereto a new section, designated §33-25-8i; and to amend said code by adding thereto a new section, designated §33-25A-8k, all relating generally to requiring health insurance coverage of hearing aids for individuals under eighteen years of age; providing for an effective date for coverage; providing definitions; setting age limitations; providing for coverage limits and time frames; providing that the provisions are only required to the extent required by federal law; and modifying required benefits for accident and sickness insurance, group accident and sickness insurance, hospital medical and dental corporations, health care corporations and health maintenance organizations.

    With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Banking and Insurance.

                             Respectfully submitted,

                               Ron Stollings,

                                 Chair.

    The bill (Com. Sub. for S. B. No. 501), under the original double committee reference, was then referred to the Committee on Banking and Insurance.

    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 Sypolt, Barnes, Boley, Green, Kirkendoll, Nohe and K. Facemyer:

    Senate Bill No. 558--A Bill to amend and reenact §18-2C-3 of the Code of West Virginia, 1931, as amended, relating to removing the requirement that schools input data into the West Virginia Education Information System; and stylistic changes.

    Referred to the Committee on Education; and then to the Committee on the Judiciary.

    By Senators Foster, Jenkins, Stollings, Kessler (Mr. President), Plymale and Klempa:

    Senate Bill No. 559--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to workers’ compensation; creating a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment; and requiring the Insurance Commissioner to study the effects of the rebuttable presumption.

    Referred to the Committee on the Judiciary.

    By Senators Foster, Edgell and Wells:

    Senate Bill No. 560--A Bill to repeal §30-21-7a, §30-21-7b, §30-21-7c, §30-21-7d, §30-21-7e, §30-21-8a and §30-21-10a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-21-1, §30-21-2, §30-21-3, §30-21-4, §30-21-5, §30-21-6, §30-21-7, §30-21-8, §30-21-9, §30-21-10, §30-21-11, §30-21-12, §30-21-13, §30-21-14 and §30-21-17 of said code; and to amend said code by adding thereto twelve new sections, designated §30-21-16, §30-21-18, §30-21-19, §30-21-20, §30-21-21, §30-21-22, §30-21-23, §30-21-24, §30-21-25, §30-21-26, §30-21-27 and §30-21-28, all relating to the practice of psychology; prohibiting the practice of psychology without a license; providing other applicable sections; defining terms; continuing and renaming board; providing for board composition, appointments, qualifications, terms of office, filling of vacancies and holding meetings; providing for compensation and reimbursement for board members; setting forth the powers and duties of the board; clarifying rule-making authority; continuing a special revenue account; establishing license and certification requirements; setting forth scopes of practices; providing for licensure for persons licensed in another state; establishing renewal requirements; establishing delinquent, expired and inactive license requirements; providing temporary permit requirements; requiring license to be displayed; providing for privileged communications and exceptions; providing the board may issue notices to cease and desist; providing that circuit courts may issue injunctions; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for the investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; and providing for criminal penalties.

    Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.

    By Senators Edgell, Wills, D. Facemire, Browning, Helmick, Fanning, Miller, Laird, Tucker and Williams:

    Senate Bill No. 561--A Bill to amend and reenact §46A-6-102 of the Code of West Virginia, 1931, as amended; and to amend and reenact §47-10-6a of said code, all relating to prohibiting fractional pricing in the retail sale of gasoline; and defining such pricing as an unfair or deceptive practice.

    Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Beach, D. Facemire, Fanning, Hall, Helmick, Prezioso, Plymale and Klempa:

    Senate Bill No. 562--A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to establishing a procedure to determine compliance with the biologic component of the narrative water quality standard.

    Referred to the Committee on Natural Resources; and then to the Committee on the Judiciary.

    By Senators Prezioso, Snyder and Beach:

    Senate Bill No. 563--A Bill to amend and reenact §5A-6-4 of the Code of West Virginia, 1931, as amended, relating to clarifying that the Office of Technology is responsible for the retirement or transfer of information technology equipment that may contain confidential or privileged electronic data.

    Referred to the Committee on Government Organization.

    By Senators Prezioso, Snyder, Chafin, Plymale, Barnes and Beach:

    Senate Bill No. 564--A Bill to amend and reenact §5A-3-52 of the Code of West Virginia, 1931, as amended, relating to special funds for travel management; creating the Aviation Fund and the Fleet Management Office Fund; providing the moneys in these funds do not expire; providing the funds are to be used for aviation and fleet management purposes; and requiring costs and expenses will be borne by the agency or department using the aviation or fleet services.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Unger, Jenkins, Kessler (Mr. President), Chafin, Beach, Williams and Klempa:

    Senate Bill No. 565--A Bill to amend and reenact §15-1B-26 of the Code of West Virginia, 1931, as amended, relating to retaining current West Virginia National Guard firefighters; and allowing certain National Guard firefighters to become civilian firefighters with the West Virginia National Guard.

    Referred to the Committee on Military.

    By Senators Wills and Foster:

    Senate Bill No. 566--A Bill to amend and reenact §25-1-3 of the Code of West Virginia, 1931, as amended, relating to authorizing the Commissioner of Corrections to contract with nonprofit and charitable entities for the operation of work-release and transitional housing for inmates in the commissioner’s custody; requiring that any facilities which participate meet standards and criteria set by the commissioner; and allowing for direct placement of inmates in work-release and transitional housing by order of the circuit court.

    Referred to the Committee on the Judiciary.

    By Senators Yost and Klempa:

    Senate Bill No. 567--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §8-15B-1, §8-15B-2, §8-15B-3, §8-15B-4 and §8-15B-5, all relating to meeting and conference rights for members of police or fire departments employed by political subdivisions; providing for the right of these members to self organization; allowing designation of an exclusive representative agent; imposing a duty to meet and confer with employees; allowing deduction of employee organization dues and assessments; providing for compulsory arbitration of disputes; listing prohibited acts; allowing hearings before Civil Service Commission; providing judicial review; specifying powers and duties of the Civil Service Commission; and allowing injunctive relief.

    Referred to the Committee on Labor; and then to the Committee on the Judiciary.

    By Senators Plymale, Jenkins, Foster, Unger, Prezioso, Barnes, Tucker and Stollings:

    Senate Bill No. 568--A Bill to amend and reenact §18-2-23a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §18-2-39; and to amend and reenact §18-2E-5 of said code, all relating to college and career readiness; requiring the State Board of Education, the Higher Education Policy Commission and the Council for Community and Technical College Education to collaborate in formally adopting uniform and specific college and career readiness standards for English/language arts and math; setting forth methods for determining whether students have met the college and career readiness standards; requiring that an explicit focus be embedded in each course on the development of English/language arts and math skills; requiring a twelfth-grade transitional course for both English/language arts and math for students not on track to be college ready; requiring professional development on teaching the college and career readiness standards be included in the state board’s goals for professional staff development and ultimately in its Master Plan for Professional Staff Development; requiring the state board to require all teacher preparation programs in the state to include appropriate training for teachers teaching in at least grades eight through twelve on how to teach the adopted standards; requiring the use of certain assessments or exams, as applicable, to determine whether a student is to enroll in a remedial course or be placed immediately in a college-level introductory course; requiring accountability for increasing the percentage of students who meet the standards and for increasing the percentage of students who are making adequate progress toward meeting the standards; and deleting requirement that a school or school system that achieves adequate yearly progress is eligible for no less than full accreditation or approval status as applicable.

    Referred to the Committee on Education.

    By Senators Boley, Sypolt and Barnes:

    Senate Bill No. 569--A Bill to amend and reenact §3-5-13a of the Code of West Virginia, 1931, as amended, relating to the order of candidates on the ballot; and requiring candidates for delegate to a national convention be listed by the drawing of names.

    Referred to the Committee on the Judiciary.

    By Senators Kessler (Mr. President), Prezioso and Plymale:

    Senate Bill No. 570--A Bill to amend and reenact §22-1-7 of the Code of West Virginia, 1931, as amended, relating to requiring the Department of Environmental Protection to maintain an Office of Internal Auditing.

    Referred to the Committee on Government Organization; and then to the Committee on Finance.

    By Senators Kessler (Mr. President), Klempa, Kirkendoll, Tucker, Williams, Stollings, Yost, Edgell, Palumbo, Wells, Foster and Beach:

    Senate Bill No. 571--A Bill to amend and reenact §60-8-3 of the Code of West Virginia, 1931, as amended, relating to licensing wine sales at certain professional baseball stadiums; providing license fees; providing a definition of “professional baseball stadium”; providing standards for licensing and authority for the commissioner to regulate such sales; and granting rule-making authority.

    Referred to the Committee on the Judiciary.

    Senators Stollings, Unger, Chafin and Beach offered the following resolution:

    Senate Concurrent Resolution No. 32--Requesting the Division of Highways to name the five-mile section of West Virginia Route 10 in Lincoln County from the Logan County line towards Ferrellsburg and Harts the “Jerry Lee Richards Memorial Highway”.

    Whereas, Jerry Lee Richards was born on April 9, 1950, to Thurmond Richards and Violet Brumfield Richards at West Hamlin, in Lincoln County, West Virginia, and was a resident of Harts, West Virginia, when he died on May 29, 2011, at the age of 61 years. He is survived by his wife, Judy Toppins Richards, daughter, Kathy (Robbie) Thompson, son, Jerry R. Richards, sisters, Kay Jernell and Rebecca Walker, three grandsons, Tyler Jackson Thompson, Nathan Lee Thompson and Conner Matthew Richards; and

    Whereas, Jerry Lee Richards grew up in the Harts/Ferrellsburg area, attending Greenshoal and Ferrellsburg Elementary, graduated from Harts High School in 1968, Nashville Diesel School in 1969 and attended Logan Branch of Marshall University. Mr. Richards was a self-employed entrepreneur and owner of J&K Construction for 32 years and Harts Pro Hardware. He was formerly employed by Richards Ashland Station at Ferrellsburg and Ford Motor Company. He was a member of the West Virginia Independent Oil and Gas Association. Active in his community, Mr. Richards gave his attention to: Health clinics and citizen access and serving on the local board of directors; development and use of cell towers for rural areas; county roads and bridges with emphasis on county ownership and maintenance for rural roads, handicap access and safety; making public water available to rural homes and schools; business assistance for local job markets and development for new ones; helping to acquire grants for equipment and encouraging participation in fire departments; and, he had a passion for local elections and encouraging members of his community to participate in the process; and

    Whereas, Jerry Lee Richards was a caring and giving person, a respected and active member of his community and his dedication and commitment to his family, community and state served as a great example to us all and should not go unnoticed; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Division of Highways to name the five-mile section of West Virginia Route 10 in Lincoln County from the Logan County line towards Ferrellsburg and Harts the “Jerry Lee Richards Memorial Highway”; and, be it

    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying this section of highway as the “Jerry Lee Richards Memorial Highway”; and, be it

    Further Resolved, That the Clerk of the Senate is hereby directed to forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the surviving family of Jerry Lee Richards.

    Which, under the rules, lies over one day.

    Senators Plymale, Jenkins, Foster, Unger, Browning, Kessler (Mr. President), Prezioso, Chafin, Williams, Laird, Stollings and Yost offered the following resolution:

    Senate Resolution No. 25--Designating Friday, February 10, 2012, as “Higher Education Day” at the Legislature.

    Whereas, The foundation of any society’s success is the degree to which its citizens are educated; and

    Whereas, The citizens of West Virginia are committed to supporting higher education; and

    Whereas, Recent reports suggest that new jobs in West Virginia requiring postsecondary education and training will grow by 20,000 by 2018; and

    Whereas, West Virginia’s education system will help students achieve these education goals and meet the workforce needs of West Virginia and the United States; and

    Whereas, The Legislature and both the Higher Education Policy Commission and the Community and Technical College Council have tackled crucial issues, with the aim of making education more accessible, affordable and effective for residents of the mountain state; and

    Whereas, West Virginia’s colleges and universities advance the development of technology, partner with business and industry, conduct groundbreaking research and improve lives through advanced health care; and

    Whereas, Through the services of outstanding faculty, staff, administration and executive leadership, West Virginia’s colleges and universities have developed student-centered programs and curriculums; therefore, be it

    Resolved by the Senate:

    That the Senate hereby designates Friday, February 10, 2012, as “Higher Education Day” at the Legislature; and, be it

    Further Resolved, That the Senate recognizes the commitment to excellence the leaders of our colleges and universities have demonstrated; and, be it

    Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the Interim Chancellor of the West Virginia Higher Education Policy Commission, the Chancellor of the West Virginia Council for Community and Technical College Education, the Executive Director of the West Virginia Independent Colleges and Universities, Inc. and to each of the presidents of West Virginia’s independent and public colleges and universities.

    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 Unger, the Senate recessed for one minute.

    Upon expiration of the recess, the Senate reconvened and, at the request of Senator Unger, and by unanimous consent, returned to the fourth order of business.

    Senator Plymale, from the Committee on Education, submitted the following report, which was received:

    Your Committee on Education has had under consideration

    Senate Concurrent Resolution No. 33 (originating in the Committee on Education)--Requesting the Joint Committee on Government and Finance conduct a study of multiple topics all related to health, nutrition and wellness programs in public schools; including fitness requirements, nutrition in school meals and the inclusion of West Virginia food products in school meals.

    Whereas, The Legislature recognizes the rising burden on our citizens, society and health care system related to the current childhood obesity crisis; and

    Whereas, The Legislature recognizes the importance of fitness and nutrition to the health and well-being of our students; and

    Whereas, It is found that, currently, many West Virginia students eat two meals a day at school, constituting a large portion of their daily caloric intake; and

    Whereas, The Legislature further recognizes the crucial role that fresh produce plays in meeting the nutritional needs of our students; and

    Whereas, The Legislature recognizes the importance of strengthening our local food systems for regional economic development; therefore, be it

    Resolved by the Legislature of West Virginia:

    That the Legislature hereby requests the Joint Committee on Government and Finance to conduct a study of multiple topics all related to health, nutrition and wellness programs in public schools; including fitness requirements, nutrition in school meals and the inclusion of West Virginia food products in school meals; and, be it

    Further Resolved, That the Joint Committee on Government and Finance is hereby requested to study the following:

    (1) The success of Cabell County schools which have adopted an innovative approach to preparing school meals, and the possibility of adopting this approach statewide;

    (2) The current nutritional requirements and purchasing agreements in West Virginia’s school meal programs;

    (3) The current required levels of physical education in public schools; and

    (4) The current percentage of food sourced from West Virginia growers and producers in school meals, and the possibility of instituting a requirement with regard to this percentage; and, be it

    Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2013, 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.

    And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Rules.

                             Respectfully submitted,

                               Robert H. Plymale,

                                 Chair.

    On motion of Senator Plymale, the resolution (S. C. R. No. 33) contained in the foregoing report from the Committee on Education was referred to the Committee on Rules.

    The Senate proceeded to the seventh order of business.

    Senate Concurrent Resolution No. 29, Requesting DOH name portion of Co. Rt. 41 in Wayne County "Perry Brothers Memorial Highway".

    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. 30, Requesting DOH name portion of Rt. 85 in Boone County "BM2 Michael V. Dunlap and PFC Darrell E. Dunlap Memorial Highway".

    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. 31, Requesting DOH name portion of Co. Rt. 10 in Logan County "Terry Lee Vance II Memorial Highway".

    On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.

    Senate Resolution No. 12, Encouraging WV corporations endorse Marcellus Principles.

    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.

    The Senate proceeded to the ninth order of business.

    Com. Sub. for Senate Bill No. 404, Relating to issuance of barrister's teaching certificate.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Senate Bill No. 409, Substituting community service for jail confinement for certain persons convicted of alcohol-related crimes.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Com. Sub. for Senate Bill No. 418, Relating to qualifications of Parole Board members.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    Com. Sub. for Senate Bill No. 484, Relating generally to child welfare.

    On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.

    The Senate proceeded to the tenth order of business.

    The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:

    Senate Bill No. 156, Allowing Corrections Commissioner use excess funds to offset operational costs.

    Senate Bill No. 166, Making disarming or attempting to disarm correctional officer felony.

    Com. Sub. for Senate Bill No. 186, Providing salary equity supplement payments to teachers and service personnel.

    Senate Bill No. 208, Repealing Telecommunications Tax Act.

    Senate Bill No. 215, Specifying unobligated moneys in Industrial Access Road Fund revert to State Road Fund.

    Com. Sub. for Senate Bill No. 321, Authorizing Department of Military Affairs and Public Safety promulgate legislative rules.

    Com. Sub. for Com. Sub. for Senate Bill No. 343, Providing volunteer and part-volunteer fire departments' grace period to meet eligibility for certain funds allocation.

    Com. Sub. for Senate Bill No. 411, Making electronic cash register automated sales suppression devices unlawful.

    Senate Bill No. 430, Conforming code provisions to Streamlined Sales and Use Tax Agreement.

    Senate Bill No. 461, Conforming election violation statute to federal code.

    Eng. Com. Sub. for House Bill No. 4107, Relating to volunteer firefighter training.

    And,

    Eng. House Bill No. 4291, Relating to county law libraries established by the Supreme Court of Appeals.

    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 Klempa and Chafin.

    At the request of Senator Chafin, unanimous consent being granted, the Senate stood in observance of a moment of silence in recognition of the passing of Pauline A. Jackson, mother of the Honorable Lloyd G. Jackson II, a former senator from the seventh district.

    Thereafter, at the request of Senator Green, and by unanimous consent, the remarks by Senator Klempa were ordered printed in the Appendix to the Journal.

    At the request of Senator Jenkins, unanimous consent being granted, the remarks by Senator Chafin were ordered printed in the Appendix to the Journal.

    The Senate proceeded to the thirteenth order of business.

    At the request of Senator K. Facemyer, the name of Senator K. Facemyer was removed as a sponsor of Senate Resolution No. 12 (Encouraging WV corporations endorse Marcellus Principles).

    On motion of Senator Unger, leaves of absence for the day were granted Senators Helmick and Miller.

    Pending announcement of meetings of standing committees of the Senate,

    On motion of Senator Unger, the Senate adjourned until Monday, February 13, 2012, at 11 a.m.

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