sdj-37th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTY-SEVENTH DAY
____________
Charleston, W. Va., Thursday, March 19, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Mike Hall, a senator from
the fourth district.
Pending the reading of the Journal of Wednesday, March 18,
2009,
On motion of Senator Laird, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2839--A Bill to amend and
reenact §30-3A-1 and §30-3A-2 of the Code of West Virginia, 1931,
as amended, all relating to the management of pain by physicians; eliminating the definition of "intractable pain" and defining the
word "pain"; making conforming amendments to the Management of Pain
Act; and expanding the definition of "pain-relieving controlled
substance" in the Act.
Referred to the Committee on Health and Human Resources.
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. 2877--A Bill to amend and
reenact §11-16-19 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §60-3A-24 of said code, all relating to
revising criminal penalties for a minor who misrepresents his or
her age when purchasing alcohol.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2985--A Bill to amend and
reenact §18-20-2 of the Code of West Virginia, 1931, as amended,
relating to providing information on the West Virginia Schools for
the Deaf and Blind to the parent or guardian of a child with
certain visual or auditory impairment.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
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. 28--Requesting the Division of
Highways name bridge number 06-10-1.38 (2911) on State Route 10,
Salt Rock, the "Sgt. Daniel Pesimer Memorial Bridge Killed in
Vietnam, 1968".
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. 29--Requesting the bridge
known as Jumbo Bridge in Webster County, West Virginia, 00.1 mile
east of the junction with County Road 12 over the right fork of
Holly River, specifically bridge number 51-18-0.90(10685), be named
the "Arden Cogar, Sr. Bridge".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 244, Relating to public employees' reemployment after retirement.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
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. 258, Clarifying local fiscal bodies cannot be
held liable for certain deficits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 258 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§11-8-26 of the Code of West Virginia, 1931, as amended, relating
to unlawful expenditures by a local fiscal body; and clarifying
that a local fiscal body or its duly authorized officials shall not
be penalized for certain deficits relating to the unfunded
actuarial accrued liability of the West Virginia Retiree Health
Benefit Trust Fund and annual required employer contributions.
And,
Senate Bill No. 442, Requiring State Auditor perform delinquent land sales paper processing responsibilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 442 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto two new
sections, designated §11A-3-5a and §11A-3-5b; and to amend and
reenact §11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14,
§11A-3-15, §11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21,
§11A-3-22, §11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27,
§11A-3-28, §11A-3-30, §11A-3-31 and §11A-3-32 of said code, all
relating to delinquent land sales by the sheriff; authorizing the
State Auditor to perform certain duties for delinquent land sales
by sheriff instead of the clerk of the county commission; effective
date; and allowing counties to retain duties for delinquent land
sales by sheriff.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bills (Com. Sub. for S. B. Nos. 258 and 442), under the
original double committee references, were then referred to the Committee on Finance.
Senator Jenkins, from the Committee on Interstate Cooperation,
submitted the following report, which was received:
Your Committee on Interstate Cooperation has had under
consideration
Senate Bill No. 378, Relating to concealed handgun license
reciprocity.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 378 (originating in the
Committee on Interstate Cooperation)--A Bill to amend and reenact
§61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as
amended, all relating to concealed handgun licensing generally;
clarifying scope of license; allowing license to remain valid
during pendency of reissuance application; removing requirement
that a license contain Social Security number; limiting access to
license records; honoring reciprocity agreements with other states
regarding concealed handgun licenses; removing requirement that
licensee of other issuing state must be a resident of the issuing
state; and requiring that licensing standards of reciprocating
state be similar to or greater than standards of 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 the Judiciary.
Respectfully submitted,
Evan H. Jenkins,
Chair.
The bill (Com. Sub. for S. B. No. 378), 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. 399, Creating senior resident hunting, fishing
and trapping license.
And,
Senate Bill No. 464, Authorizing Public Employees Insurance
Agency charge fee for paper transactions.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
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. 424, Converting financial institution to
state-chartered bank.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
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. 465, Clarifying certain Real Estate Division's
powers.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on the Judiciary; and then to the
Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 468, Requiring redemption property purchaser
pay in certified funds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 472, Revising certain outdoor advertising
restrictions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 472 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
and reenact §17-22-1, §17-22-6, §17-22-7, §17-22-8, §17-22-9,
§17-22-10, §17-22-11 and §17-22-13 of the Code of West Virginia,
1931, as amended, all relating to amending restrictions on outdoor
advertising of businesses located on real property owned or leased
by the business advertised.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 472), 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. 489, Allowing Board of Banking and Financial
Institutions receive travel expense compensation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 489 (originating in the
Committee on Finance)--A Bill to amend and reenact §31A-3-1 of the
Code of West Virginia, 1931, as amended, relating to providing
reimbursement to members of Board of Banking and Financial
Institutions for actual reasonable expenses for attending meetings
in accordance with the regulations and policies of the State
Purchasing Division.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 494, Authorizing Insurance Commissioner order
restitution in certain cases.
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,
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. 501, Prohibiting animal gas chamber
euthanasia.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 501 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §7-10-4 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §19-20-8 of said code, all relating to prohibiting the
euthanizing of animals by means of a gas chamber; and setting forth
an exception for counties which operated a gas chamber as of the
effective date of this section.
With the recommendation that the committee substitute 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. 519, Authorizing Governor institute employee
furlough program.
And,
Senate Bill No. 588, Repealing section creating Public
Insurance Agency Advisory Board.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senate Bill No. 519, under the original double committee
reference, was then referred to the Committee on Finance.
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 Senate Bill No. 588 contained in the
foregoing report from the Committee on Government Organization.
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. 526, Relating to osteopathy post-doctoral
training requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 526 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§30-14-1, §30-14-2, §30-14-4, §30-14-5, §30-14-6 and §30-14-10 of
the Code of West Virginia, 1931, as amended, all relating to the
regulation of osteopathy; defining terms; revising requirements for
post-doctoral training as a requirement for licensure; providing
for educational permits for post-doctoral clinical training;
authorizing the promulgation of an emergency legislative rule;
eliminating redundant language regarding licenses, internships,
formation of medical corporations and fees; and defining the scope and duration of educational permits.
And,
Senate Bill No. 535, Authorizing municipalities and county
commissions set closing time for certain bars.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 535 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§60-7-12 of the Code of West Virginia, 1931, as amended, relating
to regulating time to sell alcohol in private clubs; exempting race
tracks from the private club requirements; and authorizing certain
counties and municipalities to designate an earlier time by
ordinance.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Edwin J. Bowman,
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. 528, Depositing certain fees in counties'
general funds.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
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. 540, Clarifying certain Tax Commissioner's
authorities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 540 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-6I-3 and
§11-6I-5 of the Code of West Virginia, 1931, as amended; to amend
and reenact §11-10-5e of said code; to amend said code by adding
thereto a new section, designated §11-10-25; to amend and reenact
§11-13Q-22 of said code; to amend and reenact §11-15-3c of said
code; to amend said code by adding thereto a new section,
designated §11-15-9m; to amend and reenact §11-21-21, §11-21-22 and
§11-21-23 of said code; to amend and reenact §11-24-3a and §11-24-
4b of said code; and to amend and reenact §21A-6-1c of said code,
all relating to taxation; specifying authority of the Tax
Commissioner to designate Tax Division documents that may be sent by personal service, United States postal service, regular mail,
certified mail or registered mail or other means; specifying
statutory burden of proof and presumption against tax exemptions;
specifying inflation adjustment for certain economic opportunity
tax credit entitlement requirements; specifying exclusion of sales
and use of certain motor vehicles and certain trailers and classes
of vehicle and vehicular apparatus from state consumers sales and
use tax on certain vehicles; specifying exclusion of sales and use
of certain motor vehicles and certain trailers and classes of
vehicle and vehicular apparatus from municipal and local consumers
sales and service tax and use tax, or special downtown
redevelopment district excise tax, or special district excise tax
and other sales taxes; authorizing discretionary designation of per
se exemptions from the consumers sales and service tax and use tax
by the Tax Commissioner; specifying exclusion of federal
alternative minimum income taxpayers from eligibility for property
tax payment deferment and assessor's denial of deferment;
disqualifying persons who pay the federal alternative minimum
income tax in specified years from qualification for the senior
citizens' tax credit; disqualifying persons who pay the federal
alternative minimum income tax in specified years from
qualification for the low-income family tax credit; disqualifying
persons who pay the federal alternative minimum income tax in
specified years from qualification for the refundable tax credit for real property taxes paid in excess of four percent of income;
defining terms; specifying treatment of certain income and
deduction items for certain regulated investment companies and real
estate investment companies; authorizing state income tax
withholding from the individual's payment of unemployment
compensation; specifying effective dates; and making technical
corrections.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
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. 572, Repealing section creating Public
Employee Leave Benefit Analysis Board.
And,
Senate Bill No. 587, Repealing section creating State
Personnel Advisory Council.
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. 575, Relating to gaming operations at historic
resort hotel.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 575 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §29-25-1,
§29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25-
11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25-
19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25-
25 and §29-25-26 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto twelve new sections,
designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31,
§29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37
and §29-25-38 of said code, all relating to gaming at a historic
resort hotel and pari-mutuel racetracks generally; updating and
conforming provisions for consistency purposes between hotel and
racetracks; legislative findings and intent; authorizing certain
games of chance; modifying licensure requirements and fees
therefor; renaming State Gaming Fund the Historic Resort Hotel
Fund; distributing revenue; creating formula for renewal fee assessments; expanding licensees' authority to set wagers with
commission approval; redefining gross terminal income to allow and
account for promotional play at hotel and racetracks; defining
terms; authorizing hotel to contract for management services with
commission approval; establishing Human Resource Benefit Advisory
Board and setting criteria for membership thereon and powers;
authorizing certain complimentary services; restricting who may
enter the designated gaming area of the hotel to overnight guests,
certain participants at hotel-based events and residents;
clarifying forfeiture of property provisions; authorizing
commission to operate slot machines and video lottery games;
establishing requirements for video lottery terminals; establishing
specific duties required of the gaming facility; creating Capital
Reinvestment Fund; imposing surcharge against share of gross
terminal income to be paid into the Capital Reinvestment Fund;
declaring all authorized games of chance to be owned by the state;
preempting inconsistent county and municipal ordinances or rules;
declaring exemption from federal law to facilitate authorization of
legal gaming; establishing rules of play and dispute resolution;
authorizing shipment of gambling devices into state; modifying
distribution of revenue; license suspension and revocation; civil
penalties; authorizing emergency rulemaking; and establishing and
modifying criminal offenses and penalties.
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. 575), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 591, Electing magistrates by divisions.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 591 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §50-1-1 of
the Code of West Virginia, 1931, as amended, relating to the
election of magistrates by division; providing that all magistrates
will be elected by divisions; providing that all magistrates will
be elected at large from the entire county he or she serves; and
requiring the Supreme Court to assign magistrates to districts.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 608, Providing tax credit for certain solar
energy systems.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 608 (originating in the
Committee on Transportation and Infrastructure)--A Bill to amend
the Code of West Virginia, 1931, as amended, by adding thereto a
new article, designated §11-13Z-1, §11-13Z-2, §11-13Z-3 and
§11-13Z-4, all relating to creating a tax credit for certain solar
energy systems; providing for restrictions of use; requiring public
electric utilities to credit customers for excess electricity
generated; and requiring Tax Commissioner to promulgate rules for
claiming and applying tax credit.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 608), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
House Concurrent Resolution No. 23, The "Corporal Alfred E.
Collins Bridge".
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Unger, Foster, Kessler and Stollings:
Senate Bill No. 637--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §17C-14-15, relating to establishing the offense of
unlawful use of a wireless communication device by texting while
operating a motor vehicle on a street or highway; providing exceptions and conditions for certain lawful uses; definitions;
misdemeanor criminal penalties; and limitation of enforcement.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Plymale, Unger, Jenkins and McCabe:
Senate Bill No. 638--A Bill to repeal §18-23-1, §18-23-2, §18-
23-3, §18-23-4, §18-23-5, §18-23-13, §18-23-14, §18-23-15, §18-23-
18, §18-23-22, §18-23-23 and §18-23-24 of the Code of West
Virginia, 1931, as amended; to repeal §18B-14-1, §18B-14-2, §18B-
14-3, §18B-14-4, §18B-14-5, §18B-14-5a and §18B-14-7 of said code;
to amend and reenact §5-6-4a of said code; to amend and reenact
§18B-1B-4 of said code; to amend and reenact §18B-2A-4 of said
code; to amend and reenact §18B-2B-6 of said code; to amend and
reenact §18B-4-6 of said code; to amend and reenact §18B-5-4 of
said code; to amend and reenact §18B-10-8 of said code; to amend
said code by adding thereto a new article, designated §18B-19-1,
§18B-19-2, §18B-19-3, §18B-19-4, §18B-19-5, §18B-19-6, §18B-19-7,
§18B-19-8, §18B-19-9, §18B-19-10, §18B-19-11, §18B-19-12, §18B-19-
13, §18B-19-14, §18B-19-15, §18B-19-16, §18B-19-17 and §18B-19-18;
and to amend and reenact §29-22-18 of said code, all relating to
higher education capital facilities; capital project planning,
financing, management and maintenance; acquisition, sale, transfer,
exchange, lease, conveyance and condemnation of real property;
construction and operation of capital facilities; collection and use of certain capital fees; establishing in the State Treasury a
special revenue fund known as the Higher Education Policy
Commission Capital Improvement Fund; directing the use of certain
lottery proceeds; establishing in the State Treasury a capital
maintenance fund for each state institution of higher education;
legislative intent; defined terms; systemwide facilities planning;
and institution facilities planning.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Tomblin (Mr. President) (By Request), Chafin,
Foster, Jenkins, Sypolt, Edgell, Prezioso, Snyder, Plymale, Wells,
Helmick and Browning:
Senate Bill No. 639--A Bill to amend and reenact §5A-8-15 of
the Code of West Virginia, 1931, as amended, relating to public
records management and preservation; removing references to
disposing of records by means other than destroying the records;
and requiring a minimum allocation of funds in the Public Records
and Preservation Revenue Account for grants to counties for records
management, access and preservation purposes.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Plymale, Jenkins and Oliverio:
Senate Bill No. 640--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §4-1-24, relating to providing that faculty and staff at
state institutions of higher education are eligible to a seat in
the Legislature.
Referred to the Committee on Education; and then to the
Committee on the Judiciary.
By Senators K. Facemyer and Prezioso:
Senate Bill No. 641--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §24A-2-4b, relating generally to disclosures regarding
the origin of solid wastes deposited in commercial landfills and
transfer stations in this state; requiring the operator-driver of
every solid waste motor carrier who deposits solid waste in a
commercial landfill or transfer station to declare in writing,
under oath, the county and state of origin of the solid waste being
deposited at the commercial landfill or transfer station; and
providing criminal penalties.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Plymale, Unger, Snyder, Jenkins and McCabe:
Senate Bill No. 642--A Bill to amend and reenact §11-24-43a of
the Code of West Virginia, 1931, as amended, relating to
eliminating certain provisions requiring the deposit of moneys in
the Special Railroad and Intermodal Enhancement Fund; and
eliminating limit on the total amount to be deposited into the fund for the year 2016.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senator Oliverio (By Request):
Senate Bill No. 643--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §35-5C-1, §35-5C-2, §35-5C-3, §35-5C-4 §35-5C-5, §35-5C-
6, §35-5C-7, §35-5C-8, §35-5C-9, §35-5C-10, §35-5C-11, §35-5C-12,
§35-5C-13, §35-5C-14, §35-5C-15, §35-5C-16, §35-5C-17, §35-5C-18,
§35-5C-19, §35-5C-20, §35-5C-21, §35-5C-22, §35-5C-23, §35-5C-24,
§35-5C-25, §35-5C-26, §35-5C-27, §35-5C-28 and §35-5C-29, all
relating generally to establishing the West Virginia Cemetery Act;
scope; providing for definitions; creating the West Virginia
Cemetery Commission; providing for commission logistics; providing
for commission powers and budget; providing for licensure
requirements for various brokers, companies and organizations;
cemetery changes of control; care and maintenance trust funds;
perpetual care funds; trust fund financial reports; license
applications, assignability and transferability; cemetery land
acreage; construction of mausoleums and crypts; providing for
penalties; burial public policy; and validation of cemetery lot
deeds.
Referred to the Committee on the Judiciary.
By Senators Palumbo and Kessler:
Senate Bill No. 644--A Bill to amend and reenact §33-12-8 of
the Code of West Virginia, 1931, as amended, relating to insurance
producers and solicitors and continuing education; and removing the
two-hour credit for continuing education by belonging to a state,
regional or national professional insurance organization or
association.
Referred to the Committee on Banking and Insurance.
By Senators McCabe, Foster, Palumbo, Prezioso, Plymale and
Jenkins:
Senate Bill No. 645--A Bill to amend and reenact §11-8-6e of
the Code of West Virginia, 1931, as amended, relating to the
clarification in the code that a municipality or county issuing
bonds approved by an election pursuant to article one, chapter
thirteen of said code is not subject to the restriction described
in subsection (c), section six-e, article eight, chapter eleven of
said code.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Browning and Plymale:
Senate Bill No. 646--A Bill to amend and reenact §18A-2-3 of
the Code of West Virginia, 1931, as amended, relating to changing
the phrase "employment term" to "contract term" as it relates to
employment of retired teachers as substitutes in areas of critical
need.
Referred to the Committee on Education; and then to the
Committee on Finance.
Senators Foster, Unger and Jenkins offered the following
resolution:
Senate Concurrent Resolution No. 33--Requesting the Joint
Committee on Government and Finance study the creation of a new
retirement system for correctional officers employed by the State
of West Virginia.
Whereas, Correctional officers are dedicated to enhancing
public safety and providing services and responsiveness to victims
of crime; and
Whereas, Correctional officers provide a safe, secure and
humane correctional system that includes an effective community
supervision program and opportunities to prepare offenders for
successful reentry into society; and
Whereas, Correctional officers face stressful and dangerous
situations on a regular basis; and
Whereas, Correctional officers for the federal Bureau of
Prisons who have completed 20 years of service in a position
covered by "hazardous duty" law-enforcement retirement provisions
are eligible to retire at age 50; and
Whereas, Division of Corrections, Regional Jail Authority and
Division of Juvenile Services employees are currently members of
the Public Employees Retirement System; and
Whereas, Correctional officers may benefit from the creation
of a retirement system that considers the risks and work
environment associated with their job duties; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the creation of a new retirement system for
correctional officers employed by the State of West Virginia; and,
be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators Bowman, Boley, Foster, Deem, Hall, White, K.
Facemyer, Wells, Laird, Caruth, Williams, Sypolt, Snyder, Jenkins,
Stollings, Plymale, McCabe and Green offered the following
resolution:
Senate Resolution No. 34--Requesting the United States
Congress enact the Education Begins at Home Act.
Whereas, West Virginia faces serious challenges regarding the
well-being of our children, including one of the nation's highest
rates of child abuse and neglect; and
Whereas, In-Home Family Education programs help address these
challenges by providing voluntary parenting education and support
to vulnerable families with very young children through home visits
and helping parents understand their role as their child's first
and most important teacher; and
Whereas, In-Home Family Education programs provide information
and support in such areas as prenatal care, child health, early
learning and literacy, and child development and behavior; and
Whereas, Research indicates that a comprehensive statewide
system of In-Home Family Education in West Virginia could save $250
million per year by reducing the number of low birth weight babies,
increasing immunization rates and reducing child maltreatment; and
Whereas, The Centers for Disease Control and Prevention has
stated that "Up to forty percent of all child maltreatment could be
prevented if home visiting was widely available" and the National
Conference of State Legislatures has concluded that nationally "the
predominant and most thoroughly researched child abuse prevention
strategy is early childhood home visitation"; and
Whereas, On June 18, 2008, the Education and Labor Committee
of the U. S. House of Representatives recommended passage of the
bipartisan Education Begins at Home Act that would authorize $400 million over three years in grants from the U. S. Department of
Health and Human Services to states for voluntary early childhood
home visiting programs; and
Whereas, The Education Begins at Home Act, with bipartisan
support, is being sponsored by Senator Kit Bond (R-MO), Senator Jay
Rockefeller (D-WV) and 32 members of the U. S. Senate, as well as
67 members of the U. S. House of Representatives; and
Whereas, President Barack Obama and Vice President Joe Biden
also cosponsored the Education Begins at Home Act as U. S. Senators
and have pledged to expand home visiting services to assist
approximately 570,000 first-time mothers each year; and
Whereas, In-Home Family Education programs are currently
serving families in only 22 West Virginia counties and many more
families could benefit greatly from these services; and
Whereas, Statewide expansion of these effective programs will
be enhanced and expedited with the support of federal funding
through passage of the Education Begins at Home Act; and
Whereas, Expansion of these programs has been endorsed by
leading state and national organizations, including, but not
limited to, the American Academy of Pediatrics, Imagine West
Virginia, Prevent Child Abuse America, TEAM for West Virginia
Children, Voices for America's Children and the West Virginia
Center on Budget and Policy; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the United States Congress to
enact the Education Begins at Home Act; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to members of West Virginia's
congressional delegation, the Speaker of the U. S. House of
Representatives, the Majority Leader and Minority Leader of the U.
S. House of Representatives, the Majority Leader and Minority
Leader of the U. S. Senate and President Barack Obama.
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.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 647 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §3-3-3 of the Code of West
Virginia, 1931, as amended, relating to authorizing Class IV cities
to conduct early voting by mail; requiring adoption of an ordnance;
and requiring the Secretary of State to propose rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 648 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §3-4A-28 of the Code of
West Virginia, 1931, as amended, relating to requiring manual count
of selected precinct during the canvas in counties using electronic
voting systems; requiring county commission to select a precinct to
be manually counted; and providing for full manual count under
certain circumstances.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 32, Requesting Division of
Highways name bridge in Boone County "Brian Scott 'Scotty' Ulbrich
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Com. Sub. for Senate Bill No. 384, Authorizing Department of
Transportation take control of certain highway emergencies.
On third reading, coming up in regular order, with the right
having been granted on yesterday, Wednesday, March 18, 2009, for
amendments to be received on third reading, was reported by the
Clerk.
There being no amendments offered,
The bill was ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 384 was
then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 384) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 497, Relating to WV Partnership to
Promote Community Well-Being.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 497) 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 ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 279, Relating to
industrial accidents and emergency response regulations.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations
with parental consent.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
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. 12, Allowing 2-year motorcycle registration
period.
Com. Sub. for Senate Bill No. 75, Establishing alcohol use by
minors as juvenile delinquent offense.
Com. Sub. for Senate Bill No. 256, Providing additional
requirements for certain property annexation.
Com. Sub. for Senate Bill No. 261, Mandating party executive
committees submit certain nominees 70 days before election.
Senate Bill No. 335, Authorizing Division of Culture and
History distribute fairs and festivals' funding.
Senate Bill No. 476, Relating to "financial institution"
definition.
Senate Bill No. 503, Defining "sound financial condition".
Senate Bill No. 521, Including telecommunications devices as
jail contraband.
And,
Senate Bill No. 594, Requiring monthly fund installments to
Courtesy Patrol.
At the request of Senator Barnes, unanimous consent being
granted, the Senate returned to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Barnes, the Senate reconsidered the vote
by which in earlier proceedings today it adopted
Senate Resolution No. 34, Requesting Congress enact Education
Begins at Home Act.
The vote thereon having been reconsidered,
The question again being on the adoption of the resolution,
the same was put and prevailed.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Browning and Chafin.
Thereafter, at the request of Senator Green, and by unanimous
consent, the remarks by Senator Browning were ordered printed in
the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 20, 2009, at 11 a.m.
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