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sdj-37th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

THIRTY-SEVENTH DAY

____________

Charleston, W. Va., Thursday, February 18, 2010

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

Prayer was offered by
Dr. Jeffrey Johnson, Senior Pastor, Mount Vernon Baptist Church, Hurricane, West Virginia .
Pending the reading of the Journal of Wednesday, February 17, 2010,
On motion of Senator Plymale, 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 adoption by that body and requested the concurrence of the Senate in the adoption of
Eng. Com. Sub. for House Joint Resolution No. 101--
Proposing an amendment to the Constitution of the State of West Virginia, amending article X thereof by adding thereto a new section, designated section one-d, relating to authorizing the exemption from ad valorem taxation of tangible personal property directly used in commercial and industrial businesses; numbering and designating such proposed amendment; and providing a summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.

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. 4034--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §8-12-16c, relating to authorizing any municipality to enact by ordinance a vacant building registration program; authorizing the assessment and collection of registration fees; authorizing exemptions of certain vacant properties; authorizing establishing a lien and assessment of civil penalties; authorizing an ordinance on notice to out of state owners; requiring certain procedures for administration and enforcement and appeal; and providing for a special account and specifying uses of monies received from fees assessed.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
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. 4143--A Bill to repeal §16- 4C-5a of the Code of West Virginia, 1931, as amended; to amend and reenact §16-4C-3, §16-4C-6, §16-4C-6a, §16-4C-8, §16-4C-9, §16-4C- 10, §16-4C-12 and §16-4C-16 of said code, all relating to emergency medical services; revising definitions; revising rulemaking authority; revising requirement to review statewide emergency medical services implementation plan; revising requirements to operate emergency medical vehicle; requiring applicants to allow the State Police access to personal background information; removing nonutilized code sections; requiring certified persons to report violations; providing immunity from civil liability for reporting violations; clarifying procedures for hearings, rights of appeal and judicial review; removing automatic stay on appeal; increasing criminal penalties; clarifying limitations on immunity in the absence of required insurance policy; and removing antiquated language.
Referred to the Committee on Government Organization.
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. 4157--A Bill to repeal §16- 1-16 of the Code of West Virginia, 1931, as amended; to amend and reenact §5-6-1 of said code; to amend and reenact §5A-1-11 of said code; to amend and reenact §5B-1-1a of said code; to amend and reenact §9-2-1a of said code; to amend and reenact §17-16A-3 of said code; to amend and reenact §17B-2-7a of said code; to amend and reenact §17C-15-44 of said code; to amend and reenact §18-10A-2 of said code; to amend and reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of said code; to amend and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of said code; to amend and reenact §24A-1A-2 of said code; to amend and reenact §24E-1-11 of said code; to amend and reenact §30-30-3 of said code; and to amend and reenact §47A-1-1 of said code, all relating to repealing obsolete code provisions.
Referred to the Committee on Government Organization.
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. 4176--A Bill to amend and reenact §16-1A-1, §16-1A-2, §16-1A-3, §16-1A-4 and §16-1A-5 of the Code of West Virginia, 1931, as amended, and to amend said code by adding thereto five new sections, designated §16-1A-6, §16-1A-7, §16-1A-8, §16-1A-9 and §16-1A-10, all relating to credentialing of health care practitioners; establishing a single statewide credentialing verification organization; setting forth legislative findings, defining key terms; increasing the membership of the advisory committee; providing for contracting authority; setting forth an application process; providing for the confidentiality of information; setting forth legislative rulemaking authority; and providing for the establishment of fees and penalties and granting immunity to credentialing entity for reliance upon information provide by the statewide credentialing verification organization.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4210--A Bill to amend and reenact §5-16-4 of the Code of West Virginia, 1931, as amended, relating to the Public Employees Insurance Agency Finance Board; changing the board's composition; requiring a quorum of five members to be present at any public hearing conducted by the board; and making stylistic and technical changes.
Referred 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. 56--Requesting the Division of Highways place commemorative signs at mile marker 65.5 of the north and south bound lanes of Interstate 64/Interstate 77 near Mahan in Fayette County and on Route 19 one mile north of its intersection with Route 61 near Oak Hill in Fayette County indicating that the motorist is crossing the 38th parallel north in honor of the veterans of the Korean War and particularly in memory of the thousands who died in the pursuit of freedom for all mankind.
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
Senate Bill No. 10, Transferring certain cash balances between funds administered by Commissioner of Highways.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 85, Repealing article banning nuclear power plants' construction.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 104, Requiring employees selling alcohol take alcohol awareness course.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 104 (originating in the Committee on Labor)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §60- 3A-3a; and to amend said code by adding thereto a new section, designated §60-7-9, all relating to requiring certain employees of licensed private clubs and retail outlets selling alcoholic beverages to take the techniques for education and alcohol management course, the training for intervention procedures course, alcohol awareness programs provided by the American Hotel and Lodging Association or the National Restaurant Association or other similar alcohol awareness education courses provided or approved by the Alcohol Beverage Control Commissioner; and providing rule- making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Michael A. Oliverio II,
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. 122, Increasing mental health treatment refusal age of consent.
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. 220, Authorizing certain bond issuers receive federal subsidy bond credit payments.
And reports the same back with the recommendation that it 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. 240, Authorizing Department of Administration promulgate legislative rule relating to state-owned vehicles.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 240 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact article 2, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Administration; 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 certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register and as amended by the Legislature; authorizing the Division of Personnel to promulgate a legislative rule relating to the administration of the division; authorizing the Department of Administration to promulgate a legislative rule relating to state-owned vehicles; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Teachers Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the Public Employees Retirement System; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to refund, reinstatement and loan interest factors; and authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the West Virginia State Police.
With the recommendation that the committee substitute 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. 298, Authorizing Board of Medicine promulgate legislative rule relating to fees for services rendered by board, including assistance to board-designated physician health program for physicians, podiatrists and physician assistants.
Senate Bill No. 300, Authorizing DMV promulgate legislative rule relating to collection of tax on sale of vehicle.
Senate Bill No. 320, Authorizing State Tax Department promulgate legislative rule relating to Consumers Sales and Service Tax and Use Tax--drugs, durable medical goods, mobility-enhancing equipment and prosthetic devices per se exemption; and motor vehicles per se exemption.
And,
Senate Bill No. 322, Authorizing Division of Tourism promulgate legislative rule relating to direct advertising grants program.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original double committee references, were 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. 311, Authorizing Board of Osteopathy promulgate legislative rule relating to fees for services rendered by board.
And,
Senate Bill No. 408, Authorizing DHHR promulgate legislative rule relating to out-of-school time child care center licensing requirements.
And reports the same back with the recommendation that they each do pass; but under the original triple committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references, were then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 443, Requiring certain DUI offenders participate in Motor Vehicle Alcohol Test and Lock Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 443 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §17C-5-2 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated §17C-5-2b; to amend and reenact §17C-5A-1a, §17C-5A-2, §17C-5A-3 and §17C-5A-3a of said code; and to amend and reenact §61-11-22 and §61-11-25 of said code, all relating to procedures for conditional probation, deferral and dismissal of criminal charges and expungement of arrest record for certain persons charged for the first time with a non-aggravated offense of driving under the influence of alcohol conditioned upon successful completion of the motor vehicle alcohol test and lock program; exempting from eligibility for said conditional probation persons originally charged with any aggravated offense of driving under the influence of alcohol, any controlled substance, or any other drug, persons holding commercial drivers' licenses or operating a commercial vehicle, and persons who have had their drivers' licenses previously revoked for driving under the influence of alcohol, any controlled substance or any other drug in any jurisdiction; providing procedures for termination of conditional probation upon violation of the terms thereof; exempting records maintained by the division of motor vehicles from expungement; preserving criminal and administrative consequences for any subsequent charge of driving under the influence of alcohol, and providing that any determination of indigency made by the department of health and human resources for purposes of subsidized participation in the safety and treatment program shall apply to subsidization of participation in the motor vehicle alcohol test and lock program.
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. 444, Increasing Employee Suggestion Award Board cash award.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 444 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §5A-1A-4 of the Code of West Virginia, 1931, as amended, relating to the Employee Suggestion Award Program; increasing the maximum cash award; requiring the board to report to the Legislature every five years; and allowing the Governor to make a secondary award.
Senate Bill No. 447, Providing certain nonstate retirees responsible for PEIA costs.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 447 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Agency; and providing that certain nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost for coverage.
And,
Senate Bill No. 537,
Authorizing real property transfer tax collected by state be paid to counties.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 537 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to authorizing the real property transfer tax collected by the state to be paid to the counties; and providing this be accomplished incrementally over a five-year period.
With the recommendation that the three 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. 444, 447 and 537), under the original double committee references, were then referred to the Committee on Finance.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 458, Distributing minimum share of severance tax to coalbed methane-producing counties.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 458 (originating in the Committee on Energy, Industry and Mining)--A Bill
to amend and reenact §31-15A-16 of the Code of West Virginia, 1931, as amended, relating to dedication of severance tax proceeds; specifying a minimum share of coalbed methane severance tax revenue be distributed to producing counties in an amount at least equal to the share received by nonproducing counties; specifying the distribution method for severance tax revenues for coalbed methane- producing and -nonproducing counties; and specifying computation.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 458), 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
Senate Bill No. 464, Clarifying Division of Personnel functions.
And,
Senate Bill No. 477, Creating centralized filing system for legislative reports.
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. 465, Relating to utility service disconnection.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 465 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §8-19-12a of the Code of West Virginia, 1931, as amended; to amend and reenact §8-20-10 of said code; to amend and reenact §16-13-16 of said code; and to amend and reenact §16-13A-9 of said code, all relating to the discontinuation of water and sewer utility service for a delinquent bill; and the acceptance of payment at the customer's premises.
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. 467, Revising classification and compensation plans for certain civil service employees.
And reports the same back with the recommendation it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 473, Authorizing conservation officers conduct boat safety checks.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 473 (originating in the Committee on Natural Resources)--A Bill
to amend and reenact §20-7- 4 of the Code of West Virginia, 1931, as amended, relating to empowering conservation officers to stop vessels to conduct safety checks under certain circumstances; and permitting officers to board vessels only with consent or upon probable cause that there is criminal activity on board .
With the recommendation that the committee substitute do pass.
Respectfully submitted,
John Pat Fanning,
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. 514, Clarifying certain language in Controlled Substances Monitoring Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Green, from the Committee on Energy, Industry and Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Bill No. 518, Creating Governor's Commission to Seize Future of Energy for America.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 518 (originating in the Committee on Energy, Industry and Mining)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and §5B-8-6, all relating to the creation of the Governor's Commission on Shaping the Future of Energy for the United States; making legislative findings; setting forth the members and officers of the commission; setting the compensation and the funding for the expenses of the commission; granting powers and duties to the commission; requiring the commission to report to the Joint Committee on Government and Finance and the Governor; and providing for the termination of the commission.
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,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 518), under the original double committee reference, was then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 536, Establishing industrial and commercial fire permits and fee for forests and wildlife areas.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 536 (originating in the Committee on Natural Resources)--A Bill to amend and reenact §20-3- 5 of the Code of West Virginia, 1931, as amended, relating to forest fire seasons; clarifying permitted and prohibited fires; establishing industrial permit and fee; establishing criminal and civil penalties; and making technical corrections.
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 Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 536), 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. House Bill No. 4309, Authorizing the Town of Moorefield, the Hardy County Commission, and Hardy County's largest corporate user of public wastewater facilities to construct and maintain a state of the art regional wastewater treatment plant.
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.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were introduced, read by their titles, and referred to the appropriate committees:
By Senators Bowman and Kessler:
Senate Bill No. 600
--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to salaries of appointive state officers; setting a salary range for the Lottery Director; and allowing the Governor to determine the salary of the Lottery Director.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Snyder:
Senate Bill No. 601
--A Bill to amend and reenact §22-3-9 and §22-3-22 of the Code of West Virginia, 1931, as amended; to amend and reenact §22-6-6 and §22-6-11 of said code; to amend and reenact §29-1-8a of said code; to amend and reenact §37-13A-1, §37-13A-2 and §37-13A-5 of said code; to amend said code by adding thereto a new section, designated §37-13A-7; and to amend and reenact §61-8- 14 of said code, all relating to the access to and protection of cemeteries; amending surface mining permit application requirements; amending gas and oil well work permit requirements; requiring permits be reviewed to determine the potential for cemetery damage; clarifying procedures for protection of graves and burial sites; clarifying requirements and procedures for access to cemeteries and grave sites located on private land; and enhancing the crime of disinterment of a dead body or damage to a cemetery.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
By Senators Helmick, White, Unger, Plymale, Minard, Chafin and McCabe:
Senate Bill No. 602
--A Bill to repeal §11-1B-17 of the Code of West Virginia, 1931, as amended; to repeal §11-2-11 of said code; to repeal §11-3-10b of said code; to repeal §11-4-9 of said code; to repeal §11-5-10a of said code; to repeal §11-6-25 of said code; to repeal §11-6D-1, §11-6D-2, §11-6D-3, §11-6D-4, §11-6D-5, §11-6D-6, §11-6D-7 and §11-6D-8 of said code; to repeal §11-10-24 of said code; to repeal §11-10B-1, §11-10B-2, §11-10B-3, §11-10B-4, §11- 10B-5, §11-10B-6, §11-10B-7 and §11-10B-8 of said code; to repeal §11-10D-12 of said code; to repeal §11-13-29 of said code; to repeal §11-21-14 and §11-21-15 of said code; to repeal §11-24-9 of said code; and to repeal §18-7-3 of said code, all relating to repealing outdated and obsolete sections of the tax code.
Referred to the Committee on Finance.
By Senator Stollings:
Senate Bill No. 603
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §33-25G-1 and §33-25G-2, all relating to requiring a minimum level of health insurance plan coverage to out-of-network health care providers where there is no in-network provider with substantially similar experience relating to a covered condition, treatment or procedure.
Referred to the Committee on Health and Human Resources; and then to the Committee on Banking and Insurance.
By Senators Bowman, White and Plymale:
Senate Bill No. 604
--A Bill to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended, relating to extending the sunset provision by two years.
Referred to the Committee on Government Organization.
By Senators Plymale, Kessler and Foster:
Senate Bill No. 605
--A Bill to amend and reenact §11-16-13 of the Code of West Virginia, 1931, as amended, relating to increasing the barrel tax on nonintoxicating beer; and requiring the increased moneys from this tax to be expended on alcohol and drug abuse programs.
Referred to the Committee on Finance.
By Senators McCabe, Helmick, Browning, Bowman, Barnes, Kessler, Foster, D. Facemire, Plymale, Minard and Chafin:
Senate Bill No. 606
--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §4-14-1, §4-14-2, §4-14-3, §4-14-4, §4-14-5, §4-14-6 and §4-14-7, all relating to creating the West Virginia Ski Resort Industry Commission to encourage and foster the continued development of the state's ski resort industry.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators Wells, Plymale and Minard:
Senate Bill No. 607
--A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E- 8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15-1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15-1E-19, §15-1E-20, §15-1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15-1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E-29, §15-1E-30, §15-1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15-1E-37, §15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15-1E-43, §15-1E-44, §15-1E-45, §15-1E-46, §15-1E-47, §15-1E-47a, §15-1E-48, §15-1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-54, §15-1E-54a, §15-1E-55, §15-1E-55a, §15-1E-55b, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15-1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15-1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15-1E-70a, §15-1E-70b, §15-1E-71, §15-1E-72, §15-1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15-1E-79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15-1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15-1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15-1E-96, §15-1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15-1E- 104, §15-1E-104a, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E-108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113, §15-1E- 114, §15-1E-115 and §15-1E-116 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto ten new sections, designated §15-1E-117, §15-1E-118, §15-1E-119, §15-1E- 120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125 and §15-1E-126, all relating to adopting the Uniform State Military Code of Justice; definitions; persons subject to this code and jurisdiction; territorial applicability of the code; apprehension and restraint; nonjudicial punishment; court-martial jurisdiction; appointment and composition of courts-martial; pretrial procedure; trial procedure; sentences after conviction; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions.
Referred to the Committee on Military; and then to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 608
--A Bill to amend and reenact §18A-4-8d of the Code of West Virginia, 1931, as amended, relating to encouraging and authorizing county boards of education to obtain central office administrator services by agreement with regional education service agencies or other county boards; requiring county boards to consider a detailed written study of the feasibility of such an agreement and determine whether to obtain needed administrative services through such an agreement before posting notice of vacancy in certain administrator positions; requiring the determination and the feasibility report to be submitted to the state superintendent; prohibiting the county board from posting the notice of vacancy without again making the determination if the state superintendent finds that the prior determination is arbitrary and capricious; requiring a state board rule; authorizing the termination of an employee's contract in certain instances; and requiring report to the Legislative Oversight Commission on Education Accountability.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Chafin:
Senate Bill No. 609
--A Bill to amend and reenact §51-7-4 of the Code of West Virginia, 1931, as amended, relating to increasing the page rates a court reporter is to receive for providing typewritten transcripts.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
Senators Stollings, Browning, Jenkins, Oliverio, Tomblin (Mr. President), Bowman, Barnes, White, Unger, Snyder, Sypolt, Williams, Yost, Kessler, Foster, Prezioso, Plymale, Minard, McCabe, D. Facemire, Laird and Edgell offered the following resolution:
Senate Resolution No. 28--Recognizing the Boy Scouts of America on their 100th anniversary.
Whereas, On February 8, 2010, the Boy Scouts of America celebrated their 100th year as an organization; and
Whereas, For 100 years the Boy Scouts of America has created a strong foundation of leadership, service and community for America's youth in preparing them to become engaged citizens and leaders; and
Whereas, The Boy Scouts of America is one of the nation's foremost youth programs of character development and values-based leadership training; and
Whereas, The Boys Scouts of America teaches the core values of duty to God and country, personal honor, respect for the beliefs of others, volunteerism and interdependence with the environment, principles which are conducive to good character, leadership and health; and
Whereas, The Boy Scouts of America serve nearly 2.8 million young people between 7 and 20 years of age, with more than 300 councils throughout the United States and its territories; and
Whereas, The Boy Scouts of America "A Year of Celebration, A Century of Making a Difference" began on September 1, 2009, and will end on December 31, 2010; and
Whereas, The 100th Anniversary Boy Scout Jamboree will be held July 26 to August 4, 2010, at Fort A. P Hill, Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the Boy Scouts of America on their 100th anniversary; and, be it
Further Resolved, That the Senate commends the Boy Scouts of America for choosing West Virginia as its permanent home for not only a high adventure base, but for its National Scout Jamboree; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives from the Boy Scouts of America.
At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Snyder, Oliverio, Barnes, Unger, Kessler, Foster, Plymale and McCabe offered the following resolution:
Senate Resolution No. 29--Recognizing the accomplishments of the Jefferson County Black History Preservation Society during Black History Month 2010.
Whereas, In September 2000, four African-American men from Jefferson County concluded that the rich reservoir of Black history was being forgotten in American history; and
Whereas, James L. Taylor, Nathaniel F. Downing, Sr., George C. Rutherford and James A. Tolbert, Sr., recognized the need for collecting, documenting and archiving Black history in Jefferson County. Together, they formed the Jefferson County Black History Preservation Society; and
Whereas, In 2009, a documentary was produced, titled "Road Trip to History: African-American of Jefferson County." The documentary highlights slavery, the John Brown raid of 1859 on the Harpers Ferry Arsenal, Black education, organizations, churches, service to the military, civil rights history and the civil rights movement, Storer College and other areas of interest in the Jefferson County; and
Whereas, Since its inception, the Jefferson County Black History Preservation Society has been credited for a myriad of worthwhile projects designed to preserve African-American history. It began conducting tours of Charles Town and Harpers Ferry Black historic sights. It prepares exhibits to be displayed during each annual Black History Month. It has worked diligently with state officials to secure five historic highway markers relating to Black history. The Society also makes presentations to schools, organizations and churches designed to educate the public about Black history in Jefferson County; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the accomplishments of the Jefferson County Black History Preservation Society during Black History Month 2010; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of the Jefferson County Black History Preservation Society.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Snyder regarding the adoption of Senate Resolution No. 29 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the sixth order.
Senators Prezioso, Oliverio, Kessler, Plymale and Minard offered the following resolution:
Senate Resolution No. 30--
Recognizing Marion County native D. D. Meighen, minister and member of the Marion Country Historical Society.
Whereas, D. D. Meighen has served numerous churches and West Virginia University as a campus minister in the 1980's; and
Whereas, D. D. Meighen retired from United Methodist Ministry after 41 years of service to the community; and
Whereas, D. D. Meighen promoted the establishment of Miner's Day in West Virginia; and
Whereas, D. D. Meighen spearheaded the preservation of black history in Marion County through a series of events and oral history projects to document the heritage of Fairmont's African Americans; and

Whereas, D. D. Meighen revived the History of the Father's Day Church and portrayed father Fletcher Golden; and
Whereas, In 2010, D. D. Meighen was honored for his dedication to preserving the living history of his community, and nominated as a History Hero by the Marion County Historical Society; therefore, be it

Resolved by the Senate:
That the Senate hereby recognizes
Marion County native D. D. Meighen, minister and member of the Marion Country Historical Society; and, be it
Further Resolved, That the Senate acknowledges the many important contributions to the preservation of living history by
Marion County native D. D. Meighen ; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the representatives from Marion County and the Marion County Historical Society.

At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Oliverio, and by unanimous consent, the remarks by Senator Prezioso regarding the adoption of Senate Resolution No. 30 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Jenkins, and by unanimous consent, returned to the second order of business and the introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Unger, Jenkins, Oliverio, Snyder, Yost, Kessler, Plymale, Minard, Chafin, McCabe and Foster offered the following resolution:
Senate Resolution No. 31--Recognizing the West Virginia Commission for the Sesquicentennial of the American Civil War.
Whereas, The West Virginia Commission for the Sesquicentennial of the American Civil War was created by Senate Bill 404, which was passed by the West Virginia Legislature on April 10, 2010; and
Whereas, The mission of the West Virginia Commission for the Sesquicentennial of the American Civil War is to promote awareness, celebrate the unique creation of the state of West Virginia and the role of its people during the Civil War era, and its continuing effect on our people; and
Whereas, West Virginia was the only state in the Union named by presidential decree and as a state that was born out of the Civil War, West Virginia has special reason to acknowledge the 150th anniversary of the conflict; and
Whereas, The West Virginia Commission for the Sesquicentennial of the American Civil War seeks to encourage continued preservation of our Civil War heritage, identify economic development opportunities for historic and cultural tourism and promote the study of West Virginia and Civil War history; and
Whereas, It is fitting, on West Virginia History Day at the Legislature, that the Senate recognizes the West Virginia Commission for the Sesquicentennial of the American Civil War; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Commission for the Sesquicentennial of the American Civil War; and, be it
Further Resolved, That the Senate acknowledges the mission of the West Virginia Commission for the Sesquicentennial of the American Civil War and thanks each of its members for their efforts; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Commission for the Sesquicentennial of the American Civil War.
At the request of Senator Unger, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Kessler, and by unanimous consent, the remarks by Senator Unger regarding the adoption of Senate Resolution No. 31 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned 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
Senate Bill No. 610 (originating in the Committee on Finance)- -A Bill to amend and reenact §49-2B-3 of the Code of West Virginia, 1931, as amended, relating to the licensure, certification, approval and registration requirements of child care facilities, child-placing agencies and day care centers; extending the statutory exemption to certain out-of-school time programs that already meet established health and safety requirements; and requiring registration of certain out-of-school time programs.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
On motion of Senator Helmick, the bill (S. B. No. 610) contained in the foregoing report from the Committee on Finance was then referred to the Committee on Government Organization.
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. 611 (originating in the Committee on Finance)--A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §18B-2B-6 of said code; and to amend and reenact §18B-4-1 of said code, all relating to locating the offices of the Higher Education Policy Commission, the Vice Chancellor for Administration and the West Virginia Council for Community and Technical College Education.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent being granted, the bill (S. B. No. 611) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, 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 Green--2.
The bill was read a second time and ordered to engrossment and third reading.
Engrossed Senate Bill No. 611 was then read a third time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 611 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, 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 Green--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. 611) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, 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 Green--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 611) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting DOH name bridge in Wyoming County "Hubert Cline Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
House Concurrent Resolution No. 14, Declaring that the month of May be proclaimed as Lyme Disease Awareness Month beginning in 2010.
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 ninth order of business.
Com. Sub. for Senate Bill No. 364, Permitting Office of Chief Medical Examiner inspect certain controlled substances' information.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, 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 Green--2.
Engrossed Committee Substitute for Senate Bill No. 364 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, 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 Green--2.
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. 364) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Com. Sub. for Senate Bill No. 422, Limiting liability for nonhealth care provider defibrillator users.
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.
Senate Bill No. 511, Relating to tagging and checking beaver pelts.
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.
Senate Bill No. 512, Increasing game trap markings.
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.
Senate Bill No. 214, Updating certain terms in Corporation Net Income Tax Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 216, Updating terms in Personal Income Tax Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 230, Relating to Board of Optometry.
On first reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Bowman, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Com. Sub. for Senate Bill No. 273, Authorizing DEP promulgate legislative rules.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 376, Relating to residential mortgage foreclosure data.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 385, Requiring banks provide bond to secure certain county deposits.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 387, Providing certain mortgage loan originators be licensed or registered.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 399, Relating to magistrates' election by division.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 401, Relating to ad valorem property taxes.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 402, Relating to Supreme Court Justices' election by division.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 445, Extending time Fairmont City Council can meet.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 461, Relating to administration of sales and use tax.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 517, Creating Uniform Real Property Electronic Recording Act.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 547, Correcting inconsistency in school board levies' code.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 548, Extending time Boone County Board of Education can meet as levying body.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Plymale, unanimous consent being granted, it was ordered that the Journal show had Senator Plymale been present in the chamber on Monday, February 15, 2010, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 38, Engrossed Committee Substitute for Senate Bill No. 218, Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 236, Engrossed Committee Substitute for Senate Bill No. 397 and Engrossed Senate Bill No. 436; and on Tuesday, February 16, 2010, he would have voted "yea" on Engrossed Committee Substitute for Senate Bill No. 89, Engrossed Committee Substitute for Senate Bill No. 354, Engrossed Senate Bill No. 382 and Engrossed Senate Bill No. 391.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Green.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 19, 2010, at 11 a.m.
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