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sdj-36th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

THIRTY-SIXTH DAY

____________

Charleston, W. Va., Wednesday, February 17, 2010

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

Prayer was offered by the Reverend Bill McCoy, First Presbyterian Church, Charleston, West Virginia. The First Presbyterian Church Worship Team, Charleston, West Virginia, then proceeded in the singing of "Country Roads".
Pending the reading of the Journal of Tuesday, February 16, 2010,
On motion of Senator Palumbo, 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.
Senator Tomblin (Mr. President) presented a communication from the Department of Revenue, submitting its annual preliminary statewide aggregate tax revenue projection as required by chapter eleven, article one-c, section five of the code of West Virginia.
Which communication and report were received and filed with the Clerk.
Senator Tomblin (Mr. President) presented a communication from the Office of Tax Appeals, submitting its annual report, in accordance with chapter eleven, article ten-a, section seven of the code of West Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4220--A Bill to amend and reenact §30-3-7a of the Code of West Virginia, 1931, as amended, relating to the practice of radiologic assistants and radiologic practitioner assistants who are regulated by the Board of Medicine.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 39--Requesting the Division of Highways name bridge number 50-37-15.43 on West Virginia Route 37 in Wayne County the "Corporal Menifee Carter Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 40--Requesting the Division of Highways name bridge number 50-37-15.43, located near West Virginia Route 37 and West Virginia Route 152 in the town of Wayne, Wayne County, the "Ernie Wallace Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 41--Requesting the Division of Highways name bridge number 50-44-5.61, located in Dunlow, West Virginia, the "Charley Meddings Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 42--Requesting the Division of Highways to name the bridge located on U.S. Route 52, Southbound near Prichard, Wayne County, specifically bridge number 50-52- 15.93, the "Lance Corporal Samuel R. Drown Memorial Bridge, Killed in Action, Vietnam 1967".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 81, Creating WV Official Prescription Program Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 81 (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 §16-5W-1, §16-5W-2, §16-5W-3, §16-5W-4, §16-5W-5, §16- 5W-6, §16-5W-7 and §16-5W-8, all relating to creating the West Virginia Official Prescription Program Act; requiring prescriptions to be written on an official tamper-proof prescription pad; requiring the promulgation of legislative rules; setting forth the requirements to be included in the rules; setting for exclusions from the requirements of the West Virginia Official Prescription Program Act; reporting requirements; and defining terms.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 81), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 214, Updating certain terms in Corporation Net Income Tax Act.
Senate Bill No. 216, Updating terms in Personal Income Tax Act.
And,
Senate Bill No. 461, Relating to administration of sales and use tax.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
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. 224, Relating to imposing statutory lien on fire insurance proceeds under certain circumstances.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 224 (originating in the Committee on Banking and Insurance)--A Bill to repeal §33-17-9a of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §33-12C-6a; to amend and reenact §33-17-9b of said code; and to amend said code by adding thereto a new article, designated §38-10E-1 and §38-10E-2, all relating to imposing a statutory lien on fire insurance proceeds in the event of a total loss to real property; requiring insurance companies to notify the insured and the municipality or county after determining that a claim involves a total loss to real property; defining terms; requiring a municipality or county to perfect the lien within thirty days of notice of a total loss determination; providing a "Notice of Lien for Debris Removal" form; providing for release of the lien upon satisfaction of certain conditions; and authorizing the Insurance Commissioner to declare surplus lines insurers ineligible for certain violations.
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,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 224), under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 265, Authorizing Board of Examiners in Counseling promulgate legislative rule relating to marriage and family therapists' licensing.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator 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. 273, Authorizing DEP promulgate legislative rule relating to ambient air quality standards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 273 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 3, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Environmental Protection; 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 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 Environmental Protection to promulgate a legislative rule relating to solid waste management; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the covered electronic devices takeback program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to hazardous waste management systems; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to ambient air quality standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution for the prevention of significant deterioration; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to standards of performance for new stationary sources; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to permits for construction and major modification of major stationary sources of air pollution which cause or contribute to nonattainment; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the control of air pollution from hazardous waste treatment, storage and disposal facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to acid rain provisions and permits; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to emission standards for hazardous air pollutants; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the National Pollutant Discharge Elimination System (NPDES) Program; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to requirements governing groundwater standards; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to water pollution control permit fee schedules; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to the WV/NPDES rules for coal mining facilities; authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring wells; and authorizing the Department of Environmental Protection to promulgate a legislative rule relating to monitoring well design standards.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 376, Relating to residential mortgage foreclosure data.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 376 (originating in the Committee on Banking and Insurance)--A Bill to amend and reenact §31A-2-4c of the Code of West Virginia, 1931, as amended; and to amend and reenact §59-1-10 of said code, all relating to gathering and publication of residential mortgage foreclosure data and statistics filed by trustees and received by the Division of Banking from county clerks; and reducing the fee paid for recording the trustee's report of sale and the fee paid by county clerks to the Division of Banking for the collection and publication of the data by the division.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
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. 385, Requiring banks provide bond to secure certain county deposits.
With an amendment from the Committee on Banking and Insurance pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Banking and Insurance to which the bill was first referred.
Respectfully submitted,
Edwin J. Bowman,
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. 387, Providing certain mortgage loan originators be licensed or registered.
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,
Edwin J. Bowman,
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 Government Organization.
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. 399, Relating to magistrates' election by division.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 401, Relating to ad valorem property taxes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 401 (originating in the Committee on Finance)--A Bill to amend and reenact §11-3-1, §11-3- 2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto fourteen new sections, designated §11- 3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-23a, §11-3-24b, §11-3-25a, §11-3-32 and §11-3-33; to amend said code by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K- 5, §11-6K-6, §11-6K-7 and §11-6K-8; and to amend and reenact §18- 9A-12 of said code, all relating to taxation of real and personal property for ad valorem property tax purposes; defining and conforming terms used; making technical corrections in certain code sections to conform to prior acts of the Legislature; accelerating date for issuance of notices of increase in assessed value of real property; updating penalties for failure to file required property tax reports and returns; clarifying report and return filing requirements; accelerating due dates for filing reports and returns; assessment of property of limited liability companies; requiring assessors to notify owners of commercial business personal property of increases in assessed values for current assessment year by an established deadline; providing procedures for property owners to protest notices of assessed valuation and obtain appropriate adjustments from county assessors; providing for appeal of protested assessments to county board of equalization and review, board of assessment appeals and circuit court; providing for protest of classification or taxability to Tax Commissioner; specifying effective dates; providing for discovery; authorizing assignment to hearing examiner; hearing providing methods for assessment of industrial property, natural resources property and managed timberland; establishing time and basis for assessments; providing for pertinent definitions; specifying form and manner of making returns; establishing criminal penalties for failure to file; providing for tentative appraisals by Tax Commissioner and notification to taxpayers; providing procedures for informal review of tentative appraisals; making of final appraisals; transmitting final appraisals to assessors; providing for appeals; authorizing reductions of assessments upon instruction of Tax Commissioner in certain circumstances; specifying effective dates; and holding harmless the local share for public school support for reductions in revenues resulting from decisions of a board of assessment appeals.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 402, Relating to Supreme Court Justices' election by division.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 445, Extending time Fairmont City Council can meet.
Senate Bill No. 547, Correcting inconsistency in school board levies' code.
And,
Senate Bill No. 548, Extending time Boone County Board of Education can meet as levying body.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
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. 471, Increasing county clerk's copying charge.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 471 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §59-1-11 of the Code of West Virginia, 1931, as amended, relating to increasing the amount circuit clerks may charge for copies from 50¢ per page to $1 per page.
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. 471), under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 483, Authorizing HMOs offer point of service option.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 483 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §33-25A-5 of the Code of West Virginia, 1931, as amended, relating to health maintenance organizations; authority to provide a point of service option; and authority for the Office of the Insurance Commissioner to develop standards for a point of service option by legislative and emergency rule.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 483), under the original double committee reference, was then referred to the Committee on Banking and Insurance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 491, Creating Unintentional Pharmaceutical Drug Overdose Fatality Review Team.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 491 (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 §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all relating to the creation of the Unintentional Pharmaceutical Drug Overdose Fatality Review Team; setting forth membership of the team; setting forth responsibilities of the team; requiring the examination and the provision of preventative education in cases that involve unintentional pharmaceutical drug overdose deaths; providing for an annual report; setting forth record-keeping requirements; requiring other state agencies to cooperate with the team; and granting rule-making authority.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 491), under the original double committee reference, was then referred to the Committee on Government Organization.
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. 517, Creating Uniform Real Property Electronic Recording Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 517 (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 §39A-4-1, §39A-4-2, §39A-4-3, §39A-4-4, §39A-4-5, §39A- 4-6 and §39A-4-7, all relating to creating the Uniform Real Property Electronic Recording Act; providing short title; defining certain terms; clarifying validity of electronic documents and electronic signatures; providing for recording of electronic documents; requiring any county clerk implementing the provisions of the act to comply with established standards; authorizing county clerks to receive, index, store, archive and transmit electronic documents; authorizing county clerks to allow public access, search and retrieval of electronic documents; allowing county clerks to convert paper documents accepted for recording into electronic documents; authorizing county clerks to collect electronically any tax or fee they are authorized by law to collect; authorizing county clerks to agree with other jurisdictions on procedures or processes necessary for electronic recording of documents; authorizing the Governor's Office of Technology to work with various interest groups to develop the standards necessary to electronically record real property documents; setting forth areas for consideration when adopting or changing standards; providing for uniformity of application and construction of the act; and providing that this act modifies, limits and supersedes certain parts of the federal Electronic Signatures in Global and National Commerce Act.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 553, Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System.
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,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 572, Authorizing Children's Health Insurance Program Board establish coverage criteria.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Eng. Com. Sub. for House Bill No. 4133, Clarifying the requirements to practice marriage and family therapy.
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,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was 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
House Concurrent Resolution No. 14, Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010.
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Edwin J. Bowman,
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. 230, Relating to Board of Optometry.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 230 (originating in the Committee on Government Organization)--A Bill to repeal §30-8-2a, §30-8-2b, §30-8-3a, §30-8-3b and §30-8-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §30-8-1, §30-8-2, §30-8-3, §30-8-4, §30-8-5, §30-8-6, §30-8-7, §30-8-8, §30-8-9, §30- 8-10 and §30-8-11 of said code; and to amend said code by adding thereto twelve new sections, designated §30-8-12, §30-8-13, §30-8-14, §30-8-15, §30-8-16, §30-8-17, §30-8-18, §30-8-19, §30-8-20, §30-8-21, §30-8-22 and §30-8-23, all relating to the Board of Optometry; prohibiting the practice of optometry without a license; providing other applicable sections; providing definitions; providing for board composition; setting forth the powers and duties of the board; clarifying rule-making authority; clarifying the scope of practice; establishing expanded authority for procedures and injections; continuing a special revenue account; establishing license requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; requiring display of license; setting forth grounds for disciplinary actions; allowing for specific disciplinary actions; providing procedures for investigation of complaints; providing for judicial review and appeals of decisions; setting forth hearing and notice requirements; providing for civil causes of action; providing criminal penalties; and providing that a single act is evidence of practice.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Jenkins moved that the bill be referred to the Committee on Health and Human Resources.
Following extended discussion and a point of inquiry to the President, with resultant response thereto,
The question now being on the adoption of Senator Jenkins motion, the same was put.
The result of the voice vote being inconclusive, Senator Kessler demanded a division of the vote.
A standing vote being taken, there were thirteen "yeas" and nineteen "nays".
Whereupon, Senator Tomblin (Mr. President) declared the motion be Senator Jenkins rejected.
Thereafter, at the request of Senator Green, and by unanimous consent, the remarks by Senator Bowman regarding the adoption of the motion to refer Committee Substitute for Senate Bill No. 230 to the Committee on Health and Human Resources were ordered printed in the Appendix to the Journal.
At the request of Senator Minard, unanimous consent being granted, the remarks by Senator Jenkins regarding the adoption of the motion to refer Committee Substitute for Senate Bill No. 230 to the Committee on Health and Human Resources were ordered printed in the Appendix to the Journal.
At the request of Senator Wells, and by unanimous consent, the remarks by Senator Oliverio regarding the adoption of the motion to refer Committee Substitute for Senate Bill No. 230 to the Committee on Health and Human Resources were ordered printed in the Appendix to the Journal.
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 Kessler, Palumbo, Browning, Snyder, Jenkins, Foster and McCabe:
Senate Bill No. 589--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51- 1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10 and §51-1B-11, all relating to creation of the Intermediate Court of Appeals; providing a right to appeal orders of a circuit court in any civil or criminal case; establishing time limits for filing certain pleadings; authorizing certification of cases to the Supreme Court of Appeals; providing for transfer of appeals erroneously filed with the Supreme Court of Appeals or the Intermediate Court of Appeals; authorizing certified questions to the Supreme Court of Appeals; providing for appellate review by the Supreme Court of Appeals; authorizing three judges for the Intermediate Court of Appeals; providing for the initial appointment of judges followed by election of judges; providing staggered terms of eight years for judges; authorizing a chief judge of the Intermediate Court of Appeals; providing compensation for Intermediate Court of Appeals judges and staff; authorizing Supreme Court of Appeals to develop rules for pending, practice and procedure; providing for the temporary assignment of circuit court judges in certain cases; requiring the Administrative Director of the Supreme Court of Appeals to provide necessary facilities, furniture, fixtures and equipment; requiring electronic filing of documents; and providing that the budget of the Intermediate Court of Appeals is part of the budget of the Supreme Court of Appeals.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Caruth, Tomblin (Mr. President), Chafin, Minard, Kessler and McCabe:
Senate Bill No. 590--A Bill to amend and reenact §5B-2F-2 of the Code of West Virginia, 1931, as amended, relating to permitting the Division of Energy to develop an energy-related public relations campaign focused on educating Washington, D. C., about West Virginia coal and its positive impact on the eastern seaboard.
Referred to the Committee on Energy, Industry and Mining.
By Senators Bowman and Chafin:
Senate Bill No. 591--A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310 of said code; to amend and reenact §22A-6-1, §22A-6-3, §22A-6-4, §22A-6-6 and §22A-6-7 of said code; to amend and reenact §22A-7-4, §22A-7-5 and §22A-7-6 of said code; and to amend and reenact §22A-11-2 and §22A-11-3 of said code, all relating to changing the composition, powers and responsibilities of the Board of Coal Mine Health and Safety.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 592--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto new section, designated §5-5-2a, relating to restrictions on hiring a retired state employee.
Referred to the Committee on Pensions; and then to the Committee on Finance.
By Senator Wells:
Senate Bill No. 593--A Bill to amend §5A-11-3 and §5A-11-6 of the Code of West Virginia, 1931, as amended, all relating to the use of mineral rights to benefit state agencies, institutions or departments.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Government Organization.
By Senators Browning, McCabe and Chafin:
Senate Bill No. 594--A Bill to amend and reenact §22C-1-6 of the Code of West Virginia, 1931, as amended, relating to the appointment of individuals to carry out the business of the Water Development Authority.
Referred to the Committee on Economic Development; and then to the Committee on Government Organization.
By Senators McCabe and Minard:
Senate Bill No. 595--A Bill to amend and reenact §8A-4-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8A-5-12 of said code, all relating to the extension of the vesting period for subdivision plans and plats and the period in which requirements for vested plans and plats must occur.
Referred to the Committee on the Judiciary.
By Senators Wells, Minard and Kessler:
Senate Bill No. 596--A Bill to amend and reenact §5A-10-2 and §5A-10-9 of the Code of West Virginia, 1931, as amended, all relating to exempting the Adjutant General and the West Virginia National Guard from state leasing and accounting requirements.
Referred to the Committee on Government Organization.
By Senators Kessler, Prezioso, Boley and Green:
Senate Bill No. 597--A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as amended, relating to requiring physicians or those assisting them in performing an abortion to provide to the patient the opportunity to view an active ultrasound image of the fetus before performance of the abortion procedure; recordation requirement; requiring physician or delegatee to provide explanation of image and to answer female's questions; and providing penalties.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler and Minard:
Senate Bill No. 598--A Bill to amend and reenact §61-8D-4 of the Code of West Virginia, 1931, as amended, relating to making it a misdemeanor for child neglect which creates a substantial risk of bodily injury.
Referred to the Committee on the Judiciary.
By Senators Oliverio and Prezioso:
Senate Bill No. 599--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-3C-10, relating to the criminalization of reckless transfer of the human immunodeficiency virus (HIV) or the acquired immunodeficiency syndrome (AIDS); providing a felony criminal penalty; and providing an affirmative defense to a charge of reckless transfer and privacy protections for victims.
Referred to the Committee on the Judiciary.
Senators Fanning, Browning and Chafin offered the following resolution:
Senate Concurrent Resolution No. 30--Requesting the Division of Highways name bridge number 355-8-1.90, located in Wyoming County, the "Hubert Cline Memorial Bridge".
Whereas, Hubert Cline was born in Steeles, West Virginia, on August 11, 1920; and
Whereas, Hubert Cline enlisted in the United States Army, served in World War II and then was stationed in Berlin, Germany; and
Whereas, Hubert Cline returned to the United States and worked for his father's saw mill, cutting and hauling timber; and
Whereas, Hubert Cline also had a career in public service as a Wyoming County Deputy Sheriff and later became a Court Bailiff at the Wyoming County Courthouse, until he retired; and
Whereas, Hubert Cline dedicated himself to lobbying the West Virginia Department of Transportation to make repairs to a road and bridge in his community for the safety of his family and its citizens; and
Whereas, Hubert Cline was married to his beloved wife Erika, with whom he shared the joy of having five children; and
Whereas, Sadly, Hubert Cline passed from this life in September 2005, leaving behind many family and friends, as well as a grateful community, state and nation; and
Whereas, Hubert Cline's efforts with West Virginia Department of Transportation paid off, as the road was repaired and a new bridge was constructed in 2009, but he unfortunately never got to see the result of his hard work; and
Whereas, It is fitting, to honor the memory of Hubert Cline for his dedicated service to his community, state and nation, by naming bridge number 355-8-1.90, located in Wyoming County, the "Hubert Cline Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 355-8-1.90, located in Wyoming County, the "Hubert Cline Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Hubert Cline Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Hubert Cline.
Which, under the rules, lies over one day.
Senators Foster, Unger, Chafin, Prezioso, White, McCabe and Wells offered the following resolution:
Senate Resolution No. 27--Recognizing Kids' Chance of West Virginia for its commitment to the future of West Virginia's youth.
Whereas, Kids' Chance of West Virginia was incorporated in 1998, as the eleventh Kids' Chance Program in the United States; and
Whereas, Kids' Chance of West Virginia is a nonprofit scholarship organization which grants educational scholarships to the sons and daughters of West Virginia residents who suffered a serious, catastrophic or fatal workplace injury or illness; and
Whereas, Kids' Chance of West Virginia believes children are society's most valuable resource and we have an obligation to give children the tools they need to succeed in life; and
Whereas, Kids' Chance of West Virginia believes access to higher education ensures that children have the necessary skills to be successful in the workplace; and
Whereas, Kids' Chance of West Virginia believes investing in our children's future provides them the opportunity to make a difference in their own and other people's lives; and
Whereas, Kids' Chance of West Virginia scholarships are chosen on the basis of need for financial assistance, academic performance, leadership abilities and demonstrated and potential contributions to school or community. The scholarships are administered through the Greater Kanawha Valley Foundation; and
Whereas, Kids' Chance of West Virginia scholarship recipients have attended schools from vocational programs to Harvard University and the majority of recipients have remained in West Virginia; and
Whereas, Since its formation in 1998, Kids' Chance of West Virginia has awarded over $100,000 in scholarships; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Kids' Chance of West Virginia for its commitment to the future of West Virginia's youth; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Bob Stultz, President of the Board of Directors of Kids' Chance of West Virginia.
At the request of Senator Foster, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 21, Requesting DOH name bridge in Kanawha County "Private First Class Charles M. Conner Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 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.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Resolution No. 21, Honoring Donald Spence for dedication to education.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, further consideration of the resolution was made a special order of business for Wednesday, February 24, 2010, under unfinished business.
House Concurrent Resolution No. 2, The "Sergeant Billy W. Rapp, U.S. Army Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 11, Requesting the Division of Highways erect two signs on I-79 when entering Marion County honoring two West Virginia football legends, Sam Huff and Frank "Gunner" Gatski.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
House Concurrent Resolution No. 17, The "Freda Bell Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 372, Updating language in WV Medical Practice Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, 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: None.
Absent: Caruth and Fanning--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 372) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 364, Permitting Office of Chief Medical Examiner inspect certain controlled substances' information.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 422, Limiting liability for nonhealth care provider defibrillator users.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 511, Relating to tagging and checking beaver pelts.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 512, Increasing game trap markings.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Prezioso.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Fanning.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 18, 2010, at 11 a.m.
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