sdj-38th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTY-EIGHTH DAY
____________
Charleston, W. Va., Friday, February 19, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Stan Maynard, The Church in the
Valley, Milton, West Virginia. Glenville State College Chamber
Singers, Glenville, West Virginia, then proceeded in the singing of
"The Last Words of David" and "My Home Among the Hills".
Pending the reading of the Journal of Thursday, February 18,
2010,
On motion of Senator Snyder, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Katherine Nyden to address the Senate on behalf
of the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 7--Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges, and issues facing West Virginia veterans returning from
recent service and those generations that have served before for
the purpose of making recommendations on how the State of West
Virginia can better assist them in getting the care and
opportunities they deserve.
Referred to the Committee on Military; and then to the
Committee on Rules.
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 Division of
Highways to name Route 3 between Drawdy Mountain to Peytona, West
Virginia, the "Sgt. Chester A. Mollett Memorial Highway".
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. 47--Requesting the Division of Highways to name the section of U.S. Route 460 from its
intersection with I-77, Exit 9, Milepost 4 to John Nash Boulevard,
Milepost 16.5 in Mercer County, West Virginia the "Childhood Cancer
Survivor and Memorial Highway".
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. 41, Relating to community enhancement
districts.
Senate Bill No. 42, Revising Municipal Economic Opportunity
Development District Act.
And,
Senate Bill No. 128, Relating to Smart 529 college savings
plan.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Com. Sub. for Senate Bill No. 120, Requiring certain students
provide dental exam proof.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 131, Relating to school employees' unused
donated personal leave days.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, 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
Senate Bill No. 183, Creating Diesel-Powered Motor Vehicle
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 183 (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 §17C-13A-1, §17C-13A-2, §17C-13A-3, §17C-
13A-4, §17C-13A-5, §17C-13A-6, §17C-13A-7, §17C-13A-8 and §17C-13A-
9, all relating to prohibiting diesel-powered motor vehicles from
excessive idling; defining terms; placing restrictions on idling;
providing exceptions to idling restrictions; establishing a
misdemeanor offense of excessive idling; providing criminal
penalties; and providing enforcement to be by any member of the
Division of Public Safety, any sheriff or deputy sheriff, any
member of a municipal police department and any designated officers
of the Public Service Commission.
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. 183), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 185, Creating WV Commercial Patent Incentives
Tax Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was
then referred 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
Com. Sub. for Senate Bill No. 232, Transferring certain
requirements for redeeming delinquent land sales from county clerks
to State Auditor.
And reports the same back with the recommendation that it 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. 237, Authorizing issuance of revenue bonds for
public projects.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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. 238, Allowing Public Land Corporation enter
into certain mineral rights agreements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 238 (originating in the Committee on the Judiciary)--A Bill to amend §5A-11-3 and §5A-11-6
of the Code of West Virginia, 1931, as amended, all relating to the
use of mineral rights to benefit state agencies, institutions or
departments; and providing that the royalties and payments from
land sales and exchanges made by the Adjutant General's department
be retained in the fund managed by the Adjutant General.
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. 238), under the original
double committee reference, was then referred 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. 345, Requiring telecommunications tax study.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 345 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §11-13B-19, relating to requiring a study of the telecommunications
tax; authorizing the Tax Commissioner to order the disclosure of
certain information; exempting certain information received by the
Tax Commissioner from the West Virginia Freedom of Information Act;
prohibiting the disclosure of certain information received by the
Tax Commissioner; providing for criminal and civil penalties;
defining terms; and authorizing the Tax Commissioner to promulgate
rules and emergency rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 349 (originating in the
Committee on Health and Human Resources), Requiring child care
centers have written evacuation plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 349 (originating
in the Committee on the Judiciary)--A Bill to amend and reenact
§49-2B-3 and §49-2B-8 of the Code of West Virginia, 1931, as
amended, all relating to requiring licensed or registered child care centers to have an annually updated written plan for
evacuation in the event of an emergency; providing for plan
requirements; providing for plan distribution and availability
requirements; and making the evacuation plan a point of
investigation before a new license is received.
With the recommendation that the committee substitute for
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
Com. Sub. for Senate Bill No. 352, Creating WV Community
Empowerment Transportation Act.
Com. Sub. for Senate Bill No. 389, Relating to eligibility of
certain felons to receive certain federally funded benefits.
And,
Senate Bill No. 453, Providing State Register subscribers
electronic format option.
And reports the same back with the recommendation that they
each 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. 390, Clarifying court assesses private
investigative and security services regulations violation
penalties.
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. 441, Relating to residential solar energy
systems tax credit.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 441 (originating in the
Committee on Finance)--A Bill to amend and reenact §11-13Z-1, §11-
13Z-2 and §11-13Z-3 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto eight new sections,
designated §11-13Z-4, §11-13Z-5, §11-13Z-6, §11-13Z-7, §11-13Z-8, §11-13Z-9, §11-13Z-10 and §11-13Z-11, all relating to the tax
credit for residential solar energy systems; identifying
legislative purpose; creating certain definitions; defining "solar
energy system"; limiting amount of credit to a maximum of $2,000;
specifying application of credit and carryforward periods;
establishing burden of proof on taxpayer; requiring that written
application for credit be filed with the Tax Commissioner not later
than specified date; allowing a penalty of fifty percent of credit
for failure to make timely application; establishing eligibility
requirements for credit; disqualifying from credit taxpayer that
purchases solar energy systems from related persons; providing for
credit recapture and imposition of recapture tax if property
disposed of in the first or succeeding tax year the system put into
service; authorizing promulgation of rules; specifying credit
exclusion when other credits are applied, or where federal grant or
federal deduction applies, indicating nontransferability of credit;
requiring Tax Commissioner to undertake a solar energy tax credit
review beginning in 2013 and report results to the Governor, the
President of the Senate and the Speaker of the House of Delegates;
requiring taxpayers to submit confidential data for inclusion in
said review and report; and terminating the solar energy tax credit
in 2013.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 451, Clarifying available adoption or legal
guardianship subsidy circumstances.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 451 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §49-2-17
of the Code of West Virginia, 1931, as amended, relating to the
establishment of a system of assistance from funds appropriated to
the Department of Health and Human Resources for facilitating the
adoption or legal guardianship of children who are dependents of
the department or a child welfare agency licensed to place children
for adoption.
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. 451), 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. 490, Relating to domestic violence.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 490 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §48-27-
202, §48-27-503, §48-27-505, §48-27-901 and §48-27-903 of the Code
of West Virginia, 1931, as amended, all relating to prevention and
treatment of domestic violence; providing that family court judges
may make protective orders last for longer periods of time based
upon circumstance; establishing criteria for granting lengthier
periods of protection; requiring secured bonds to prevent future
domestic violence; making third and subsequent offenses or
violations of a protective order a felony; and penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 497, Creating WV Small Business Assistance
Program Act.
And,
Senate Bill No. 507, Creating Innovative Mine Safety
Technology Tax Credit Act.
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,
Richard Browning,
Chair.
The bills, under the original double committee references,
were then referred 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. 506, Imposing penalties for falsifying State
Police Retirement Fund records.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
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. 515, Prohibiting certain firearm purchase.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 515 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-7-2,
§61-7-4, §61-7-6, §61-7-7 and §61-7-10 of the Code of West
Virginia, 1931, as amended, all relating to firearms and licensing
thereof generally; authorizing magistrates to carry a concealed
handgun without a license; clarifying the requirements for a
criminal background check; making July 10, 2010, the effective date
of amendments made during the 2010 Regular Session of the West
Virginia Legislature; allowing a West Virginia licensee who changes
county residence to obtain a new license; prohibiting the purchase
or attempt to purchase a firearm from a firearm dealer by certain
persons; increasing fines for certain offenses; prohibiting and
punishing a person other than a law-enforcement officer who
knowingly solicits, persuades, encourages or entices a firearm or
ammunition dealer or private seller to violate firearm sales laws;
providing definitions; and conforming certain definitions to federal law.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 530, Requiring children entering school prove
certain immunization.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 530 (originating in the
Committee on Education)--A Bill to amend and reenact §16-3-4 of the
Code of West Virginia, 1931, as amended, relating to requiring all
children entering school for the first time in the state as a
condition of enrollment to demonstrate that they have been
immunized against diphtheria, polio, rubeola, rubella, tetanus and
whooping cough; providing medical and nonmedical exemptions;
providing the temporary suspension of an exemption during health
emergencies; requiring school personnel to notify identified
officials of anyone coming into a school who has not been
immunized; and granting the Commissioner of the Bureau for Public
Health with rule-making authority.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Health and Human Resources.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 530), under the original
double committee reference, was then referred to the Committee on
Health and Human Resources.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Plymale, Unger, Bowman, D. Facemire, Minard,
Snyder, Kessler, Wells, Yost, Jenkins and Prezioso:
Senate Bill No. 612--A Bill to amend and reenact §29-22-18 and
§29-22-18a of the Code of West Virginia, 1931, as amended; and to
amend and reenact §31-15-16a of said code, all relating to funding
of higher education capital projects; authorizing the Governor to
certify certain revised lists of capital improvement projects;
authorizing the Economic Development Authority to issue bonds in
certain amounts and for certain purposes; specifying that the
Economic Development Authority may grant second-in-priority and
third-in-priority liens on proceeds of the State Lottery Fund up to a certain amount in favor of the bonds; increasing the amount paid
annually to the Higher Education Improvement Fund from $10 million
to $15 million; and making other technical corrections.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Minard, Plymale, Williams and Sypolt:
Senate Bill No. 613--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-22B-1, §5-22B-2, §5-22B-3, §5-22B-4, §5-22B-5, §5-
22B-6, §5-22B-7, §5-22B-8, §5-22B-9, §5-22B-10, §5-22B-11, §5-22B-
12, §5-22B-13, §5-22B-14, §5-22B-15 and §5-22B-16, all relating to
creating the Facility Design-Build-Finance-Lease-Purchase Act;
including a short title and applicability of article; definitions;
stating public policy and conditions for contracts; providing that
the Design-Build Board is to approve projects; duties of board;
rules; performance criteria; scope of project; qualifications and
selection of facility lease-purchase firms; proposals; acceptance
of contract; construction and final certification; withdrawal of
proposals; and providing for severability.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Unger and Snyder:
Senate Bill No. 614--A Bill to amend and reenact §24-2-11a of
the Code of West Virginia, 1931, as amended, relating to Public Service Commission approval of the construction of high voltage
transmission lines; requiring applicant notification to all owners
of surface real estate and operators of producing oil or gas wells
that lie within one thousand feet of the center line on both sides
of the proposed transmission line; and requiring the commission to
act in the best interest of West Virginia customers to meet the
present and future needs and reliability of service for West
Virginia customers.
Referred to the Committee on the Judiciary.
By Senator Unger:
Senate Bill No. 615--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.
Referred to the Committee on the Judiciary.
By Senators Bowman and Jenkins:
Senate Bill No. 616--A Bill to amend and reenact §7-14-6, §7-
14-17 and §7-14-19a of the Code of West Virginia, 1931, as amended;
and to amend and reenact §7-14C-1, §7-14C-3 and §7-14C-5 of said
code, all relating to deputy sheriffs; permitting the civil service
commission of each county to hear appeals from hearing boards;
establishing time periods for the filing of answers and appeals;
permitting all deputy sheriffs to perform police work in addition to their normal duties; eliminating the authority of a county
commission from approving the sheriff's plan regarding additional
police work by deputy sheriffs; eliminating written reprimands and
transfers for purposes of punishment from the definition of
"punitive action" as it applies to deputy sheriffs; and permitting
a deputy sheriff to a hearing in front of a hearing board or the
deputy sheriff's civil service commission.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Green and Minard:
Senate Bill No. 617--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §37-7A-1, §37-7A-2 and §37-7A-3, all relating to the
exploration for or development of minerals by a cotenant or others
and related rules of an action of account; providing definitions;
and providing that mineral development is not waste.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 618--A Bill to amend and reenact §30-14A-1,
§30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of the Code of West
Virginia, 1931, as amended, all relating to osteopathic physician
assistants generally; reorganizing definitions; adopting consistent
use of the term "license" in lieu of "certificate"; modifying the preconditions for authorization to prescribe drugs; modifying the
classes of pharmaceuticals that may be prescribed by an osteopathic
physician assistant; changing the amount of certain drugs that may
be prescribed; and providing for fees to be set by legislative
rule.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Foster, Browning, Jenkins, Laird, Palumbo,
Stollings, Williams, Yost, Barnes, Deem, Kessler, Plymale and
Minard:
Senate Bill No. 619--A Bill to amend and reenact §14-2-3 and
§14-2-12 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto two new sections, designated §14-
2-16a and §14-2-19a, all relating to providing for administrative
determination of certain claims against the state by the Clerk of
the Court of Claims; modifying definitions; providing general
powers of the clerk; providing procedures for determination of
claims by the clerk; approving the determination of the clerk by
the court; adjudicating pending claims; and paying claims.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators McCabe and Minard:
Senate Bill No. 620--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §30-38-20, relating to granting licensed appraisers
copies of PF-11 and PF-12 forms from the county assessor's office
for a $3 fee.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman and Minard:
Senate Bill No. 621--A Bill to amend and reenact §22-11-7b of
the Code of West Virginia, 1931, as amended, relating to allowing
permit limits based on mixing zones for dischargers located
upstream of public water service intakes owned by that discharger.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler, McCabe and Minard:
Senate Bill No. 622--A Bill to amend and reenact §36-1-4,
§36-1-6, §36-1-17 and §36-1-18 of the Code of West Virginia of
1931, as amended; to amend and reenact §38-1-13 of said code; to
amend said code by adding thereto a new section, designated
§38-1-13a; to amend said code by adding thereto a new section,
designated §44-4-22; to amend and reenact §44-5-1, §44-5-7,
§44-5-11, §44-5-12, §44-5-13, §44-5-14 and §44-5-15 of said code;
to amend said code by adding thereto a new section, designated
§44-5-10a; to amend and reenact §44-5A-2, §44-5A-3 and §44-5A-4 of
said code; to amend said code by adding thereto four new sections,
designated §44-5A-5, §44-5A-6, §44-5A-7 and §44-5A-8; to amend and reenact §44-6-1, §44-6-2 and §44-6-2a of said code; to amend said
code by adding thereto a new section, designated §44-6-5a; to amend
and reenact §44-6C-1 and §44-6C-2 of said code; to amend and
reenact §44-7-1 of said code; to amend said code by adding thereto
a new section, designated §44-7-4; to amend and reenact §44-14-1,
§44-14-2, §44-14-3, §44-14-4 and §44-14-5 of said code; and to
amend said code by adding thereto a new chapter, designated
§44D-1-101, §44D-1-102, §44D-1-103, §44D-1-104, §44D-1-105,
§44D-1-106, §44D-1-107, §44D-1-108, §44D-1-109, §44D-1-110,
§44D-1-111, §44D-1-112, §44D-1-113, §44D-2-201, §44D-2-202,
§44D-2-203, §44D-2-204, §44D-3-301, §44D-3-302, §44D-3-303,
§44D-3-304, §44D-3-305, §44D-4-401, §44D-4-402, §44D-4-403,
§44D-4-404, §44D-4-405, §44D-4-406, §44D-4-407, §44D-4-408,
§44D-4-409, §44D-4-410, §44D-4-411, §44D-4-412, §44D-4-413,
§44D-4-414, §44D-4-415, §44D-4-416, §44D-4-417, §44D-5-501,
§44D-5-502, §44D-5-503, §44D-5-504, §44D-5-505, §44D-5-506,
§44D-5-507, §44D-6-601, §44D-6-602, §44D-6-603, §44D-6-604,
§44D-7-701, §44D-7-702, §44D-7-703, §44D-7-704, §44D-7-705,
§44D-7-706, §44D-7-707, §44D-7-708, §44D-7-709, §44D-8-801,
§44D-8-802, §44D-8-803, §44D-8-804, §44D-8-805, §44D-8-806,
§44D-8-807, §44D-8-808, §44D-8-809, §44D-8-810, §44D-8-811,
§44D-8-812, §44D-8-813, §44D-8-814, §44D-8-815, §44D-8-816,
§44D-8-817, §44D-9-901, §44D-10-1001, §44D-10-1002, §44D-10-1003,
§44D-10-1004, §44D-10-1005, §44D-10-1006, §44D-10-1007, §44D-10-1008, §44D-10-1009, §44D-10-1010, §44D-10-1011,
§44D-10-1012, §44D-10-1013, §44D-11-1101, §44D-11-1102,
§44D-11-1103, §44D-11-1104 and §44D-11-1105, all relating generally
to estates and trusts and their administration; providing that
certain provisions of current law to have no effect after specified
date; providing certain provisions of current law are to not apply
to trusts and trustees after specified date; changing names of
certain articles of existing code; providing for the creation,
administration, revision and termination of trusts; providing for
trustees, powers and duties of trustees and substitution of
trustees; providing for distribution of trust assets; specifying
powers and certain restrictions on powers of fiduciaries; amending
the Uniform Prudent Investor Act; modernizing language of certain
existing sections of code and deleting obsolete language; adopting
West Virginia Uniform Trust Code; providing general provisions and
definitions; providing for judicial proceedings; providing for
representation of trusts; providing for creation, validity,
modification and termination of trusts; providing for creditor's
claims; providing for spendthrift trusts, discretionary trusts and
revocable trusts; providing for office of trustee; providing duties
and powers of trustees; providing for liability of trustees and
rights of persons dealing with trustee; providing various
miscellaneous provisions for trusts and trustees; specifying
delayed effective date for West Virginia Uniform Trust Code; and providing rules for application of that date.
Referred to the Committee on the Judiciary.
By Senators Williams, White, Jenkins, Plymale, Unger, Wells,
Minard, Oliverio and Sypolt:
Senate Bill No. 623--A Bill to amend and reenact §3-3-2, §3-3-
2b, §3-3-5 and §3-3-11 of the Code of West Virginia, 1931, as
amended; to amend and reenact §3-4-10 of said code; and to amend
and reenact §3-5-13 of said code, all relating to conforming the
appropriate sections to the requirements of the Military and
Overseas Voter Empowerment Act of 2009.
Referred to the Committee on the Judiciary.
By Senators White, Williams and Jenkins:
Senate Bill No. 624--A Bill to amend and reenact §31B-2-203
and §31B-2-211 of the Code of West Virginia, 1931, as amended; to
amend and reenact §31B-10-1002 of said code; to amend and reenact
§31D-2-202 of said code; to amend and reenact §31D-15-1503 of said
code; to amend and reenact §31E-2-202 of said code; to amend and
reenact §31E-14-1403 of said code; to amend and reenact §47-9A-2
and §47-9A-3 of said code; and to amend and reenact §47B-10-1 and
§47B-10-4 of said code, all relating to enacting consistency of
filing deadlines for all organizations filing annual reports with
the Secretary of State; and collection of email addresses for
informational notices.
Referred to the Committee on the Judiciary.
By Senator Plymale:
Senate Bill No. 625--A Bill to amend and reenact §18A-4-5a of
the Code of West Virginia, 1931, as amended, relating to teacher
differential pay incentives.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Plymale:
Senate Bill No. 626--A Bill to amend and reenact §18A-3-2a of
the Code of West Virginia, 1931, as amended, relating to providing
eligibility for a license to teach in the public schools for
candidates who are not United States citizens.
Referred to the Committee on Education.
By Senators Stollings, Browning and Unger:
Senate Bill No. 627--A Bill to amend and reenact §22-15A-3 and
§22-15A-4 of the Code of West Virginia, 1931, as amended, all
relating to the crime of littering; increasing criminal and civil
penalties; and directing the Secretary of the Department of
Environmental Protection to organize a statewide litter reporting
program.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Palumbo, Browning, Wells and Foster:
Senate Bill No. 628--A Bill to amend and reenact §11-3-1 of
the Code of West Virginia, 1931, as amended, relating to phasing in increased assessments on property over a three-year period when the
assessment exceeds twenty percent over the previous year.
Referred to the Committee on the Judiciary.
By Senators Palumbo and Foster:
Senate Bill No. 629--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-30-1, §5-30-2, §5-30-3, §5-30-4, §5-30-5 and §5-30-6,
all relating to the creation of an Equal Pay Coordinator within the
Governor's Office to ensure pay equity among state employees;
making legislative findings; providing qualifications for the
position; providing powers and duties of coordinator; providing for
the development of a strategic plan to ensure pay equity in state
government; authorizing other agencies to share necessary
information with the coordinator; and providing rule-making
authority.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Minard, Sypolt, Williams, D. Facemire and Plymale:
Senate Bill No. 630--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-22B-1, §5-22B-2, §5-22B-3, §5-22B-4, §5-22B-5, §5-
22B-6, §5-22B-7, §5-22B-8, §5-22B-9, §5-22B-9a, §5-22B-10, §5-22B-
11, §5-22B-12, §5-22B-13, §5-22B-14 and §5-22B-15, all relating to
expanding the Design-Build Procurement Act; and authorization, policies and procedures for the lease-purchase of public schools,
as well as other buildings.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Palumbo, Browning and Wells:
Senate Joint Resolution No. 12--Proposing an amendment to the
Constitution of the State of West Virginia, amending section five,
article XII thereof, relating to redirecting funds collected from
bond revocations in criminal cases to the county commission in the
county in which the bonds were forfeited; 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.
Senators Browning, McCabe, D. Facemire, Helmick, Williams,
Kessler, Unger, Snyder, Stollings, Oliverio, Chafin, Hall, Jenkins,
Laird and Minard offered the following resolution:
Senate Concurrent Resolution No. 31--Requesting the Joint
Committee on Government and Finance study how West Virginia can
implement a plan to fully develop the tourism industry in West
Virginia.
Whereas, Travel spending in West Virginia has continuously
increased every year since 2000; and
Whereas, Economic impact from direct travel spending in West Virginia totaled $4.38 billion in 2008; and
Whereas, Travel spending directly supports 44,000 jobs in West
Virginia; and
Whereas, Millions of travel-related dollars are generated
annually in every West Virginia county (from $1.3 million to $729.3
million); and
Whereas, West Virginia's landscape, culture and history
present tourism development opportunity in every county; and
Whereas, West Virginia tourism generated 14 million overnight
visitors and 40 million day-trip visitors in 2008; and
Whereas, West Virginia is situated within a day's drive of a
large proportion of the United States population; and
Whereas, The tourism industry serves as West Virginia's
front-line representatives to the traveling public; and
Whereas, Outdoor recreation pursuits in West Virginia far
outpace the national average; and
Whereas, Cultural and heritage tourism pursuits outpace the
national average; and
Whereas, Tourism attractions and activities positively
contribute to the quality of life for West Virginians; and
Whereas, Tourism attractions and activities therefore attract
businesses to West Virginia; and
Whereas, Despite the economic downturn, West Virginia has
remained stronger in tourism-generated revenues than other neighboring states; and
Whereas, Without tourism tax revenues, West Virginia residents
would have to pay an additional $799 in annual state and local
taxes to maintain current levels of service; and
Whereas, There is no centralized long-term planning at the
state level that assesses the strengths and weaknesses of the
state's tourism industry, coordinate various initiatives, and
provide strategies to develop, improve and expand tourism
industries; and
Whereas, Because the continuing growth and development of West
Virginia's economy is of major concern to all our citizens it is in
the best interest of the State of West Virginia to implement a plan
for the State of West Virginia to develop the tourism industry to
the fullest extent possible in order to further diversify West
Virginia's economy; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the implementation of a comprehensive analysis
and action plan to fully develop the tourism industry in West
Virginia, including the future development of events, attractions,
and facilities in 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, 2011, 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 Unger and Snyder offered the following resolution:
Senate Concurrent Resolution No. 32--Requesting the Joint
Committee on Government and Finance to study non-narcotic based
treatments for acute and chronic pain management and painful
conditions before they become chronic.
Whereas, There is a more effective way to treat chronic pain
conditions, as well as pain conditions before they become chronic,
than the current system; and
Whereas, There is little or no treatment options for long-
term chronic pain except prescribed narcotics because narcotic
treatment of pain, is the only form of treatment that is covered by
insurance companies; and
Whereas, The use of prescribed narcotics can often lead to
addiction to the narcotics, high crime rates and eventually fill
our prisons, which increases state budget; and
Whereas, Insurance companies that push patients into very
costly and ineffective treatments, are leading to cost shifting, very poor outcomes and damaging not only the health care system but
also the state and federal programs that are just trying to keep up
on the increasing costs of these poor decisions on chronic and
acute pain management; and
Whereas, By expanding physical medicine treatments to cover
chronic pain, as well as limiting the heavy use of pain medications
at the beginning of pain conditions, would be a better way to treat
patient's pain; and
Whereas, By having health centers, such as hospitals, located
throughout the state that employ chiropractors to address physical
medication of pain management would be a first step in fixing the
current situation in our health care system; and
Whereas, Veterans hospitals around the country employ
chiropractors and are expanding that program to include acupuncture
which is a very effective treatment for pain, headaches and many
other health conditions that would save money and avoid cost
shifting; and
Whereas, When insurance companies limit treatment for chronic
pain to $500 a year or limit the number of visits for physical
medical treatments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study non-narcotic based treatments for acute and
chronic pain management and painful conditions before they become chronic; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, 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 Unger, McCabe, Plymale, Wells, Stollings, Kessler,
Oliverio and Foster offered the following resolution:
Senate Resolution No. 32--Recognizing the West Virginia Higher
Education Advisory Council of Faculty for its commitment to
education.
Whereas, The Higher Education Advisory Council of Faculty was
created under WV code §18B-6-2, to serve as a resource to the
legislature and advise the legislature on higher education issues;
and
Whereas, The Higher Education Advisory Council of Faculty
advises the HEPC and CTCC higher education councils; and
Whereas, The Higher Education Advisory Council of Faculty
reports to and advises local boards of governors and faculty colleagues on issues pertaining to higher education; and
Whereas, The Higher Education Advisory Council of Faculty
provide a voice for more than 4,664 part-time and 4,161 full-time
Higher Education faculty; and
Whereas, The Higher Education Advisory Council of Faculty
works diligently for the well-being of our citizens and for the
economic health of the State of West Virginia through quality
education; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia Higher
Education Advisory Council of Faculty for its commitment to
education; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to West Virginia Higher Education
Advisory Council of Faculty.
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.
Senators Plymale, Boley, Jenkins, Snyder, Browning, Prezioso,
McCabe, Unger, Wells, Stollings, Laird, Edgell, Kessler, Minard,
Yost, Oliverio, Chafin, Foster and Sypolt offered the following
resolution:
Senate Resolution No. 33--Designating February 19, 2010, as
"Higher Education Day" at the Legislature.
Whereas, The foundation of any society's success is the degree
to which its citizens are educated; and
Whereas, The citizens of West Virginia are committed to
supporting higher education; and
Whereas, West Virginia's colleges and universities increase
the knowledge base of West Virginia's students, as well as those
from other states; and
Whereas, West Virginia's education system will help students
achieve their education goals and meet the workforce needs of West
Virginia and the United States; and
Whereas, Not only does the education system contribute to the
economic vitality of the state, but it enriches the culture and
life of all communities and regions within the state and outside
its boundaries; and
Whereas, West Virginia's colleges and universities advance the
development of technology, partner in business and industry,
conduct groundbreaking research and improve lives through advanced
health care; and
Whereas, Through the services of outstanding faculty, staff,
administration and executive leadership, West Virginia's colleges
and universities have developed student-centered programs and
curriculums; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 19, 2010, as "Higher Education Day" at the Legislature; and, be it
Further Resolved, That the Senate recognizes the commitment to
excellence the leaders of our colleges and universities have
demonstrated; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Chancellor of the West Virginia
Higher Education Policy Commission, the Chancellor of the West
Virginia Council for Community and Technical College Education, and
the Executive Director of the West Virginia Independent Colleges
and Universities, Inc., and to each of the presidents of West
Virginia's independent and public colleges and universities.
At the request of Senator Chafin, 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.
Petitions
Senator Boley presented a petition from Stephanie Tyree and
fifteen West Virginia residents, supporting House Bill No. 3279
(
Prohibiting any permits authorizing the construction, enlargement
or modification of any coal mine waste).
Referred to the Committee on Energy, Industry and Mining.
The Senate proceeded to the ninth order of business.
Senate Bill No. 214, Updating certain terms in Corporation Net
Income Tax Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 216, Updating terms in Personal Income Tax
Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 273, Authorizing DEP promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 376, Relating to residential
mortgage foreclosure data.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 385, Requiring banks provide bond to secure
certain county deposits.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 387, Providing certain mortgage loan
originators be licensed or registered.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 399, Relating to magistrates' election by
division.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 401, Relating to ad valorem
property taxes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 402, Relating to Supreme Court Justices'
election by division.
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.
Com. Sub. for Senate Bill No. 422, Limiting liability for
nonhealth care provider defibrillator users.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 445, Extending time Fairmont City Council can
meet.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 461, Relating to administration of sales and
use tax.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 511, Relating to tagging and checking beaver
pelts.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 512, Increasing game trap markings.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 517, Creating Uniform Real
Property Electronic Recording Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 547, Correcting inconsistency in school board
levies' code.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 548, Extending time Boone County Board of
Education can meet as levying body.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular
order, were each read a first time and ordered to second reading:
Senate Bill No. 10, Transferring certain cash balances between
funds administered by Commissioner of Highways.
Com. Sub. for Senate Bill No. 104, Requiring employees selling
alcohol take alcohol awareness course.
Senate Bill No. 122, Increasing mental health treatment
refusal age of consent.
Senate Bill No. 220, Authorizing certain bond issuers receive
federal subsidy bond credit payments.
Com. Sub. for Senate Bill No. 230, Relating to Board of
Optometry.
Com. Sub. for Senate Bill No. 240, Authorizing Department of
Administration promulgate legislative rules.
Com. Sub. for Senate Bill No. 443, Requiring certain DUI
offenders participate in Motor Vehicle Alcohol Test and Lock
Program.
Senate Bill No. 464, Clarifying Division of Personnel
functions.
Com. Sub. for Senate Bill No. 465, Relating to utility service
disconnection.
Com. Sub. for Senate Bill No. 473, Authorizing conservation
officers conduct boat safety checks.
Senate Bill No. 477, Creating centralized filing system for legislative reports.
And,
Senate Bill No. 514, Clarifying certain language in Controlled
Substances Monitoring Act.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Sypolt and Williams.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Green, unanimous consent being
granted, it was ordered that the Journal show had Senator Green
been present in the chamber on yesterday, Thursday, February 18,
2010, he would have voted "yea" on the passage of Engrossed
Committee Substitute for Senate Bill No. 364 and Engrossed Senate
Bill No. 611.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 22, 2010, at 11 a.m.
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