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Senate Journal


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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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