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sdj-41st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FORTY-FIRST DAY

____________

Charleston, W. Va., Monday, February 22, 2010

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

Prayer was offered by the Reverend Dr. David Lemming, Senior Pastor, Lewis Memorial Baptist Church, Huntington, West Virginia.
Pending the reading of the Journal of Friday, February 19, 2010,
On motion of Senator Stollings, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2050--A Bill to amend and reenact sections 1, 2, 3, 4, 5 and 6 chapter 232, Acts of the Legislature, regular session, 1997, all relating to the West Virginia Route 2 and Interstate 68 Authority; adding Cabell, Mason and Jackson counties to the authority; increasing the number of members; and requesting the Governor and the Secretary of Transportation to seek federal funding.
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. 4212--A Bill to amend and reenact §24-3-3b of the Code of West Virginia, 1931, as amended, relating to railroad safety; and requiring the Public Service Commission to undertake additional rulemaking pertaining the safety requirements for railway walkways.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4277--A Bill to amend and reenact §22-6-1 and §22-6-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §22-11-3 and §22-11-8 of said code, all relating to authorizing the Secretary of the Department of Environmental Protection to issue National Pollutant Discharge Elimination System permits; defining terms; and correcting antiquated language.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4354--A Bill to amend and reenact §48-27-1002 of the Code of West Virginia, 1931, as amended, relating to conditions and arrests in domestic violence matters; including certain injunctive relief and protective orders the violation of which allow law-enforcement officers to seize weapons in possession of domestic violence respondents.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4361--A Bill to repeal §48-27-803 of the Code of West Virginia, 1931, as amended; and to amend and reenact §48-27-206 of said code, all relating generally to the prevention and treatment of domestic violence; removing provisions prohibiting the sharing of information with other governments and law- enforcement agencies; and broadening the definition of "law- enforcement agency" for the purpose of sharing information with the federal government and its agencies.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4416--A Bill finding and declaring certain claims against the state and its agencies to be moral obligations of the state, and directing the Auditor to issue warrants for the payment thereof.
Referred to the Committee on Finance.
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. 12--Requesting the Division of Highways to name the bridge on Murphy's Creek on Lewis County Route 24, 0.08 mile south of the junction of Route 19 and crossing the West Fork River, bridge number 21-24-5.03, currently named the Kitsonville W. Beam Bridge, as the "Private Archie A. 'Whack' Jordan Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 18--Requesting the bridge on Homewood Avenue in Fairmont, specifically bridge number 25-31/9-0.05, be named the "Sgt. Richard W. Griffith Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 45--Requesting the Division of Highways to name bridge number 42-250-14.30 on U.S. Route 250 over the Tygart River in Huttonsville, Randolph County, West Virginia the "Robert L. McAtee, Sr. Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 50--Requesting the Joint Committee on Government and Finance study the burden of taxes and fees imposed by the State of West Virginia upon the coal industry.
Referred to the Committee on Finance; 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. 53--Requesting the bridge in Mannington, West Virginia on old Route 250, specifically bridge number 25-250/81-1.21, be named the "Fletcher Brothers Memorial Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 54--Requesting that a portion of U.S. 19 from its intersection with U.S. 460 North to the city limits of Princeton from mile marker 10.70 to mile marker 12.36 in Mercer County, West Virginia be named the "William H. Sanders II Memorial Highway".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 1, Redesignating Division of Veterans' Affairs Department of Veterans' Assistance.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 1 (originating in the Committee on Military)--A Bill
to amend and reenact §4-10-8 of the Code of West Virginia, 1931, as amended; to amend and reenact §5F-1-2 of said code; to amend and reenact §5F-2-1 of said code; to amend and reenact §6-7-2a of said code; and to amend and reenact §9A-1-1, §9A-1-2 and §9A-1-4 of said code, all relating to redesignating the Division of Veterans' Affairs the Department of Veterans' Assistance; providing that the department be supervised by a secretary-level administrator; establishing the salary of the secretary; providing an effective date; and making other changes to the code to effect the change.
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,
Erik P. Wells,
Chair.
The bill (Com. Sub. for S. B. No. 1), 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. 225, Creating Spay Neuter Assistance Fund.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 225 (originating in the Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-10-1, §19-10-2, §19-10-3, §19-10-4 and §19-10-5; and to amend and reenact §19-14-5 of said code, all relating to creating and funding the Spay Neuter Assistance Fund; requiring book-keeping standards and annual reporting; and updating certain commercial and pet feed registration and late fees.
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. 225), 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. 435, Expanding speed-detecting device use law to all municipalities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 435 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §17C-6-7 of the Code of West Virginia, 1931, as amended, relating to speed restrictions; prima facie evidence of speed by certain devices; changing Department of Public Safety to State Police in this section of said code; applying this section to all municipalities of the state; requiring law-enforcement officers to receive training on speed-measuring devices in order for evidence of speed to be considered prima facie; requiring the Governor's Committee on Crime, Delinquency and Correction establish a training program and certification standards by January 1, 2012; and requiring law- enforcement officers complete a certified training course in speed detection prior to January 1, 2013.
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.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on 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:
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and joint resolutions were introduced, read by their titles, and referred to the appropriate committees:
By Senators Plymale, Wells and Browning:
Senate Bill No. 631--A Bill to amend and reenact §18-2A-1, §18-2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-6, §18-2A-7, §18-2A- 8 and §18-2A-9 of the Code of West Virginia, 1931, as amended, all relating generally to updating terms; process for approval and adoption of instructional resources in public schools; replacing the terms "textbooks", "instructional materials" and "learning technologies" with "instructional resources" and modifying affected code provisions accordingly; providing approval for adoption cycles and listing of instructional resources on the state multiple list; requiring a method for review and adding new and substantially revised resources to the multiple list; providing for county waivers of adoption cycles; providing method for counties to select new or different resource before end of a contract period; providing a method for vendor update of resources; revising the bidding, selection and approval process; permitting the multiple list to be published in an electronic format; requiring contracts to be filed pursuant to the state board process; providing for review of electronic instructional resources; providing for regional education service agency level selection teams; and ensuring equity of access to electronic instructional resources for all students.
Referred to the Committee on Education.
By Senators Chafin, Browning, Oliverio, Green and Stollings:
Senate Bill No. 632--A Bill to amend and reenact §11-13A-6 of the Code of West Virginia, 1931, as amended, relating to dedicating a portion of revenue generated from severance taxes for the benefit of counties and municipalities; creating fund; and providing permissible uses for fund.
Referred to the Committee on Finance.
By Senators Fanning and Chafin:
Senate Bill No. 633--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §7-6-2a; to amend and reenact §8-13-22a of said code; to amend and reenact §12-1-4 of said code; and to amend and reenact §18-9-6 of said code, all relating to enabling counties, municipalities, the state and county boards of education to deposit public funds into deposit accounts that are swept periodically into multiple federally insured deposit accounts through a deposit placement program without providing a bond.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 634--A Bill to amend and reenact §3-8-9 of the Code of West Virginia, 1931, as amended, relating to political action committees receiving contributions from a separate segregated fund of a membership organization; and establishing limits.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 635--A Bill to amend and reenact §29-3-5 and §29-3-5b of the Code of West Virginia, 1931, as amended, all relating to requiring approval of certain county and municipal fire ordinances and regulations by the West Virginia State Fire Commission.
Referred to the Committee on Government Organization.
By Senators Prezioso, Jenkins and Foster:
Senate Bill No. 636--A Bill to amend and reenact §49-7-34 of the Code of West Virginia, 1931, as amended, relating to reconstituting the Commission to Study Residential Placement of Children.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
By Senators Sypolt, McCabe and Williams:
Senate Bill No. 637--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-9c, relating to allowing a county board of education to enter into a lease-purchase agreement for land, buildings and equipment.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 638--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §1-7-1, §1-7-2, §1-7-3, §1-7-4, §1-7-5, §1-7-6 and §1-7- 7, all relating to the freedom of religion of West Virginia.
Referred to the Committee on the Judiciary.
By Senators Deem, Boley and Wells:
Senate Bill No. 639--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-41A-1, §16-41A-2, §16-41A-3, §16-41A-4, §16-41A-5, §16-41A-6, §16-41A-7, §16-41A-8 and §16-41A-9, all relating to establishing the Oral Health Pilot Program in the Mid-Ohio Valley Region; making legislative findings; creating the pilot program for two years; funding the program in the amount of $100,000 per year; setting forth the services to be provided; setting forth the fees to be paid to participating dentists; setting forth a sliding scale for the fees to be paid by clients; requiring reports be filed to the Governor and the Legislature; and defining terms.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senators Edgell, Minard, Bowman and Chafin:
Senate Bill No. 640--A Bill to amend and reenact §11-24-11b of the Code of West Virginia, 1931, as amended, relating to the corporation net income tax; credit for utility taxpayers with net operating loss carryovers; and providing a different procedure for determining the credit.
Referred to the Committee on Finance.
By Senators Kessler, Yost, White and Foster:
Senate Bill No. 641--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-28-1, §11-28-2 and §11-28-3, all relating to taxation of certain transfers, leases, sales or other disposition of the whole or any part of the franchises, licenses, permits, plants, equipment, business or other property of any public utility, or any merger or consolidation thereof, and every contract, purchase of stocks, arrangement, transfer or acquisition of control or other transaction covered by §24-2-12 of the Code of West Virginia.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Jenkins and Foster:
Senate Bill No. 642--A Bill to amend and reenact §16-50-2, §16-50-3 and §16-50-4 of the Code of West Virginia, 1931, as amended, all relating to permitting unlicensed personnel to administer medications in certain circumstances; defining terms; and exemptions from licensure.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senators Kessler and Edgell:
Senate Bill No. 643--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §17C-17C-1, §17C-17C-2, §17C-17C-3, §17C-17C-4, §17C- 17C-5 and §17C-17C-6, all relating to creation of the temporary natural gas resources transportation road system; providing legislative findings; creating regulatory program; defining certain terms; requiring Division of Highways to establish vehicle weight and size limits for public highways, including natural gas resource transportation roads; providing for temporary designation of natural gas resource transportation roads; requiring certification of natural gas permitting areas by the Department of Environmental Protection to Division of Highways; requiring exchange of certain information between agencies; requiring certain road signs; providing for toll-free telephone line for public reporting of poor driving or violations; authorizing the Public Service Commission to administer the special permit program and to enforce this article; authorizing Public Service Commission to inspect certain trucking records; requiring study and report on commercial vehicle safety- related issues; authorizing emergency and legislative rules to effectuate purposes of the article; authorizing the Public Service Commission to issue permits and establish training and other requirements; authorizing Division of Highways to issue permits and establishing certain requirements; requiring all natural gas well owners to obtain permit; providing that natural gas well owners are responsible for contractors; providing that all natural gas well owners in an area are responsible for the cost of road maintenance and repair; providing for suspension, revocation and modification of permits; providing for cease and desist orders in the interest of public safety; requiring accident reporting; and creating penalties for failing to report accidents.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard and Williams:
Senate Bill No. 644--A Bill to amend and reenact §29-12A-16 of the Code of West Virginia, 1931, as amended, relating to authorizing political subdivisions to establish risk pools to insure their workers' compensation risks; permitting Insurance Commissioner to disapprove such risk pools if rules have not been made effective; and authorizing the Insurance Commissioner to promulgate emergency rules.
Referred to the Committee on Banking and Insurance; and then to the Committee on Finance.
By Senators Kessler, Foster, Jenkins, Browning and McCabe:
Senate Bill No. 645--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51- 1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10, §51-1B-11, §51-1B- 12, §51-1B-13 and §51-1B-14, all relating to authorizing a new court to be known as the Intermediate Court of Appeals; and delineating the structure and duties thereof.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler and Stollings:
Senate Bill No. 646--A Bill to amend and reenact §61-11-21 of the Code of West Virginia, 1931, as amended, relating to providing that criminal sentences of imprisonment may run concurrently or consecutively; and providing that sentences are to run concurrently unless a court orders or a statute requires otherwise.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 647--A Bill to amend and reenact §14-2A-4 of the Code of West Virginia, 1931, as amended, allowing the services of the Attorney General to the Crime Victims Compensation Fund to be recompensed, if funds are available, at the same rate as panel attorneys are paid for representing criminal defendants.
Referred to the Committee on Finance.
By Senators Plymale, Wells, Oliverio and Stollings:
Senate Bill No. 648--A Bill to repeal §18-2F-1, §18-2F-2, §18- 2F-3, §18-2F-4, §18-2F-5, §18-2F-6, §18-2F-7, §18-2F-8 and §18-2F-9 of the Code of West Virginia, 1931, as amended; to repeal §18-7A-5, §18-7A-6, §18-7A-7, §18-7A-8, §18-7A-9 and §18-7A-10 of said code; to repeal §18B-7-10 of said code; and to repeal §18B-8-3a of said code, all relating to repealing outdated and obsolete sections of the education code.
Referred to the Committee on Education.
By Senator Foster:
Senate Bill No. 649--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto two new sections, designated §62-1A-10 and §62-1A-11, all relating to searches of motor vehicles by law-enforcement officers; establishing criteria; and requiring rules.
Referred to the Committee on the Judiciary.
By Senators Kessler and Wells:
Senate Bill No. 650--A Bill to amend and reenact §9-2-6a of the Code of West Virginia, 1931, as amended, relating to developing caseload standards for the Department of Health and Human Resources program areas; requiring the proposal of rules for legislative approval by the secretary on or before June 30, 2010; providing for periodic review of caseload standards; requiring caseload standards committees to comply with open meeting laws; clarifying that employee representatives may serve an advisory role to a caseload standards committee; establishing maximum staffing caseloads; providing that caseload standards be adopted using recognized standards for each program area; providing that caseload standards may be used to justify an increase in human resource budgets for program areas; and making stylistic corrections.
Referred to the Committee on Health and Human Resources.
By Senator Kessler:
Senate Bill No. 651--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5A-3-37b, relating to preference for certain current license or permit holders.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Kessler:
Senate Bill No. 652--A Bill to amend and reenact §23-4-1f of the Code of West Virginia, 1931, as amended, relating to allowing workers' compensation for certain mental illnesses related to being a crime victim.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler and Stollings:
Senate Bill No. 653--A Bill to amend and reenact §61-11-18 of the Code of West Virginia, 1931, as amended, relating to making habitual offender sentences discretionary with the sentencing court.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Jenkins, Wells, Browning, Williams, Green and Stollings:
Senate Bill No. 654--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-43a, relating to authorizing a tax credit for teachers for out-of-pocket school supplies not to exceed $200.
Referred to the Committee on Finance.
By Senators White and Kessler:
Senate Bill No. 655--A Bill to amend and reenact §22-11-8 of the Code of West Virginia, 1931, as amended, relating to the Water Pollution Control Act; and prohibiting new permits and modifications and renewals of existing permits for underground injection of coal slurry.
Referred to the Committee on Energy, Industry and Mining.
By Senators McCabe, Hall, Kessler, Deem, Jenkins, Green, Stollings and Boley:
Senate Bill No. 656--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1j, relating to special rates for energy-intensive industrial consumers of electric power; setting forth legislative findings on energy-intensive industrial consumers of electric power; defining certain terms; enabling the Public Service Commission to establish special rates for energy-intensive industrial consumers of electric power; setting forth factors that the Public Service Commission may take into consideration in establishing special rates for energy-intensive industrial consumers of electric power, in addition to factors that may already be considered by the Public Service Commission in its rate- setting process; authorizing the Public Service Commission to adopt mechanisms reasonably designed to assure appropriate flexibility and predictability of special rates; establishing procedures for application to the Public Service Commission for a special rate; setting forth data and information to be included in an application for a special rate; and establishing qualifications for eligibility for a special rate.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Prezioso, Jenkins, Wells, Kessler, Oliverio, Foster and Stollings:
Senate Bill No. 657--A Bill to repeal §18-10K-1, §18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6 of the Code of West Virginia, 1931, as amended; to amend and reenact §7-14E-2 of said code; to amend said code by adding thereto a new article, designated §16-43-1, §16-43-2 and §16-43-3; to amend and reenact §50-3-2b of said code; and to amend and reenact §59-1-11a of said code, all relating to the creation of programs for the treatment of traumatic brain injury; creating a special revenue fund; assessing fees for specified activities; directing those fees to the fund; authorizing the state Medicaid agency to apply for a home- and community-based waiver to serve eligible individuals; and authorizing the Bureau of Behavioral Health and Health Facilities to create and administer a state program for eligible individuals.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator White:
Senate Bill No. 658--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-11-7C, relating to establishing requirements for Marcellus gas well operations' use of water resources; and directing the Department of Environmental Protection to promulgate legislative rules relating to the use of water resources for Marcellus shale gas production.
Referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.
By Senators Deem, Wells, Oliverio and Stollings:
Senate Bill No. 659--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-10-1d; and to amend and reenact §18C-1-4 of said code, all relating to permitting children of certain military personnel who intend to establish residency in West Virginia to qualify for resident tuition rates and state-funded student financial aid, grants and scholarships; and establishing other eligibility criteria.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Palumbo, Foster, Wells, McCabe, Jenkins, Kessler and Stollings:
Senate Bill No. 660--A Bill to amend and reenact §46A-6J-3 and §46A-6J-6 of the Code of West Virginia, 1931, as amended, all relating generally to protection from consumer price gouging as a result of a declaration of a state of emergency; clarifying that commodity market trends may impact an increase in price during a state of emergency; and clarifying the preemption provisions.
Referred to the Committee on the Judiciary.
By Senators McCabe, Browning, Wells, Oliverio, Williams, Foster and Stollings:
Senate Bill No. 661--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 and §5B-8-4, all relating to providing funds for TechConnectWV that will enable it to begin the process of technology-based economic development in West Virginia; providing benchmarks in order to qualify for future funding; and providing for reporting to the Governor and the Joint Committee on Government and Finance by TechConnectWV in order to determine whether such benchmarks have been reached.
Referred to the Committee on Economic Development; and then to the Committee on Finance.
By Senators McCabe, Browning, Green, Wells, Williams and Stollings:
Senate Bill No. 662--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-4-1, §5B-4-2, §5B-4-3 and §5B-4-4, all relating to providing funds for the Tamarack Foundation that will allow it to sustain itself as a private entity; providing benchmarks in order to qualify for future funding; and requiring reporting to the Governor and the Joint Committee on Government and Finance by Tamarack Foundation in order to determine whether the purposes of the bill are being achieved.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Foster and Wells:
Senate Bill No. 663--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Palumbo:
Senate Bill No. 664--A Bill to amend and reenact §44A-3-1 and §44A-3-2 of the Code of West Virginia, 1931, as amended, all relating to the duties and reports of the guardian; requiring the guardian to act as a fiduciary in the best interests of the protected person; requiring the guardian to address social activities of protected person; permitting petition of interested party; permitting court or Mental Hygiene Commissioner to order guardian to take appropriate actions; and requiring guardian to report on social activities of protected person.
Referred to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 665--A Bill to amend and reenact §33-15B-1, §33-15B-2, §33-15B-3, §33-15B-4, §33-15B-5 and §33-15B-6 of the Code of West Virginia, 1931, as amended, all relating to health care forms and data; explaining legislative purposes; defining scope of article; transferring certain duties regarding uniform forms from the Health Care Authority to the Insurance Commissioner; defining "health insurer"; authorizing the Insurance Commissioner to develop an all-payer database; authorizing Insurance Commissioner to propose emergency rules; mandating collaboration between the Insurance Commissioner and Secretary of Health and Human Resources to manage health care data; prescribing penalties; and renaming the article.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
By Senator Minard:
Senate Bill No. 666--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-2-21a, relating to workers' compensation programs of state agencies; defining "state agency"; designating Insurance Commissioner to manage workers' compensation risks of state agencies; authorizing commissioner to assess fees; creating fund in State Treasury; authorizing investment with the Investment Management Board; and authorizing Insurance Commissioner to propose rules, including emergency rules.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 667--A Bill to amend and reenact §29-22B-1101 of the Code of West Virginia, 1931, as amended, relating to reducing the total number of video lottery terminals which may be placed in restricted access adult-only facilities in this state.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 668--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §37-16-1, §37-16-2, §37-16-3, §37-16-4, §37-16-5 and §37-16-6, all relating to providing guidelines for an appropriate relationship between oil and gas extractors and the owners of surface rights and mineral interests.
Referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.
By Senators Kessler, Foster, Prezioso and Plymale:
Senate Bill No. 669--A Bill to amend and reenact §49-5-13d of the Code of West Virginia, 1931, as amended, relating to allowing municipalities to operate teen courts.
Referred to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 670--A Bill to amend and reenact §5A-3-37 of the Code of West Virginia, 1931, as amended, relating to requiring political subdivisions of the state and county boards of education to give preference to resident vendors and vendors employing state residents.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Prezioso:
Senate Bill No. 671--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §55-7-23a, relating to products' reliability claims that are based upon prescription drug manufacturer's alleged failure to warn.
Referred to the Committee on Health and Human Resources; and then to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 672--A Bill to repeal §16-29B-19, §16-29B-20, §16-29B-21 and §16-29B-21a of the Code of West Virginia, 1931, as amended; to amend and reenact §5-16-6 of said code; to amend and reenact §5F-1-3a of said code; to amend and reenact §6-7-2a of said code; to amend and reenact §9-4C-7 of said code; to amend and reenact §11-27-9 and §11-27-11 of said code; to amend and reenact §16-2D-2 and §16-2D-5 of said code; to amend and reenact §16-5F-2, §16-5F-3, §16-5F-4, §16-5F-5 and §16-5F-6 of said code; to amend and reenact §16-29B-3, §16-29B-5, §16-29B-6, §16-29B-7, §16-29B-8, §16-29B-9, §16-29B-10, §16-29B-11, §16-29B-12, §16-29B-13, §16-29B- 14, §16-29B-15, §16-29B-17, §16-29B-18, §16-29B-19a, §16-29B-23, §16-29B-24, §16-29B-25, §16-29B-26 and §16-29B-28 of said code; to amend said code by adding thereto a new section, designated §16- 29B-5a; to amend and reenact §16-29G-2, §16-29G-4, §16-29G-5 and §16-29G-6 of said code; to amend and reenact §16-29I-4 of said code; and to amend and reenact §33-15B-3 of said code, all relating generally to the Health Care Authority; repealing sections relating generally to the Health Care Authority's authority to set hospital rates and determine rate schedules; employment of the members of the board of the West Virginia Health Care Authority; setting salaries for board members; creating the position of Executive Director of the Health Care Authority; making the executive director the administrative head of the Health Care Authority; setting forth the qualifications of the executive director; adding the executive director to the Public Employees Insurance Agency Advisory Board; clarifying where the administrative duties of the Health Care Authority are to be carried out; clarifying that the Board of Directors of the Health Care Authority is the adjudicatory arm of the Health Care Authority; requiring that the members of the board of directors be employed on a part-time basis; setting forth other employment requirements for the board of directors; expanding the board of directors from three to five members; setting forth qualifications for appointment to the board of directors; providing that the board of directors shall report to the executive director; establishing compensation for the board of directors; setting forth minimum hearing requirements before the board of directors; providing for recommended decisions by the board of directors to the executive director; setting forth executive director procedure for review and approval of recommended decisions of the board of directors; providing for remand of a decision; clarifying that the executive director has all rule-setting powers; providing for a study by the Health Care Authority of concerns of hospitals in border counties; requiring a comprehensive study of the certificate of need program, including possible elimination of certificate of need; eliminating rate review from the authority of the Health Care Authority; making technical corrections; and updating code references.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Laird, Oliverio, Jenkins, Kessler and Yost:
Senate Bill No. 673--A Bill to amend and reenact §7-7-4 of the Code of West Virginia, 1931, as amended; and to amend and reenact §11A-1-17 of said code, all relating to raising sheriffs' salaries; and eliminating commissions based on collection of taxes.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senators Kessler, Jenkins and Stollings:
Senate Bill No. 674--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to workers' compensation; creating a rebuttable presumption that development of certain cancers by professional firefighters arose out of the course of employment; and requiring the Insurance Commissioner to study the effects of the rebuttable presumption.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Wells and Stollings:
Senate Bill No. 675--A Bill to amend and reenact §21-1C-2 of the Code of West Virginia, 1931, as amended, relating to requiring local labor for public construction projects by reducing the dollar amount of the applicable construction project to $500,000 and reducing the amount of miles for the local labor market to fifty miles.
Referred to the Committee on Labor; and then to the Committee on Finance.
By Senators Laird and Sypolt:
Senate Bill No. 676--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §37-12-3, relating to exempting licensed surveyors from liability for defamation or slander of title when performing their professional duties; and providing an exception.
Referred to the Committee on the Judiciary.
By Senators Wells, Plymale, Browning, Kessler and Foster:
Senate Bill No. 677--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5-45a, relating to school calendars; requiring each county board of education to create a county school calendar committee; requiring the committee to develop multiple school calendar options for presentation to all employees for vote; requiring the generation of new calendar options if the county board or state board rejects the selected calendar; and requiring the process to continue until a school calendar is approved by the county board and state board.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senators Laird, Williams, Unger, Bowman, Jenkins, Kessler, Foster, Plymale and Stollings:
Senate Bill No. 678--A Bill to amend and reenact §27-5-1, §27- 5-2 and §27-5-3 of the Code of West Virginia, 1931, as amended, all relating to mentally ill persons; involuntary hospitalization; duties of sheriff; including the President of the West Virginia Sheriffs' Association in the development and proposal of a statewide system for evaluation and adjudication of mental hygiene petitions; and providing that the Department of Health and Human Resources shall reimburse the county commission for deposit into the sheriff's budget for expenses incurred in hearings conducted under the article.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 679--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section; designated §21A-5-21, relating to unemployment compensation coverage, and requiring nonprofit organizations to disclose to employees on the date of hire whether the employment is subject to unemployment compensation coverage.
Referred to the Committee on the Judiciary.
By Senators Oliverio, Plymale and Stollings:
Senate Bill No. 680--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2-25a, relating to requiring the proposal and adoption of rules for the management of concussion and head injury in youth sports.
Referred to the Committee on Health and Human Resources.
By Senator Plymale:
Senate Bill No. 681--A Bill to amend and reenact §18A-2-12 of the Code of West Virginia, 1931, as amended, relating to requiring that evaluations of certain professional personnel be on an annual basis.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Sypolt:
Senate Bill No. 682--A Bill to amend and reenact §22-6-12 and §22-6-14 of the Code of West Virginia, 1931, as amended, all relating to surveyors and registered professional engineers; and plat preparation for drilling or fracturing wells or introducing liquids or wastes into wells.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Government Organization.
By Senator Plymale:
Senate Bill No. 683--A Bill to amend and reenact §18A-3-1a of the Code of West Virginia, 1931, as amended, relating to alternative certification for principal; directing the state board to propose a legislative rule; and outlining the minimum requirements for the program.
Referred to the Committee on Education.
By Senator Plymale:
Senate Bill No. 684--A Bill to amend and reenact §18-2E-5 of the Code of West Virginia, 1931, as amended, relating to low- performing school accreditation status and consequent steps for improvement; adding certain student assessment results as circumstance for giving low-performing status; providing for state department system of support team to make recommendations for improvement; and requiring process for making improvement by a date certain.
Referred to the Committee on Education.
By Senators Kessler, Minard, Foster, Edgell, D. Facemire and Oliverio:
Senate Bill No. 685--A Bill to amend and reenact §3-1-2 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4- 18 and §3-4-19 of said code; and to amend and reenact §3-4A-9 and §3-4A-20 of said code, all relating to elections; general provisions and definitions; bringing older contradicting language still remaining in said code into conformity with the provisions of §3-2-5(b)(3) of said code; and reestablishing a definition for "independent voter" as the presently cited definition is no longer in said code.
Referred to the Committee on the Judiciary.
By Senators Wells, Plymale, Browning, Sypolt, Edgell, Oliverio, Foster, Helmick, Fanning, K. Facemyer, Boley, Palumbo, McCabe, Jenkins and Kessler:
Senate Bill No. 686--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §18-33-1, §18-33-2, §18-33-3, §18-33-4, §18-33-5, §18- 33-6, §18-33-7, §18-33-8, §18-33-9, §18-33-10, §18-33-11, §18-33- 12, §18-33-13, §18-33-14, §18-33-15 and §18-33-16, all relating to public charter schools; setting forth legislative purpose and intent; defining terms; declaring public charter schools to be a part of the state program of public education; setting forth which regulatory and statutory requirements are and are not applicable to public charter schools; allowing rule waiver applications and requests to change school laws; allowing the creation of a new public charter school or the conversion of a public school to a public charter school under certain conditions; setting forth the application process; establishing conditions for the approval or denial of the application by the county board of education; making the charter status term dependent on whether the approval is initial or subsequent; allowing the revocation of a public school's charter status by the county board of education if the board makes certain determinations; requiring a public charter school governing body; requiring operation as a nonsectarian, nonreligious public school; making a public charter school accountable to the county board for certain purposes; requiring minimum amount of funding from the county board of education; making public charter schools subject to all state audit procedures and requirements; requiring submission of quarterly financial reports; requiring adoption of and operation under an annual budget; requiring conformance with Governmental Accounting Standards Board standards; requiring school uniforms; requiring pay for teachers and service personnel and authorizing performance pay for teachers based on a career ladder concept; requiring determination of enrollment in certain manner; requiring student transportation; requiring provision and maintenance of information on public charter schools; requiring accrual of seniority and years of service for public charter school personnel; giving preferred status solely for the purposes of applying for a position in a regular public school to certain public charter school personnel who are deselected or resign; applying certain transfer limitations and conditions to certain public charter school personnel; providing that public charter school employees are county board of education employees for the purposes of salary and benefits; requiring the selection of a public charter school principal by the county board of education initially, but thereafter providing for selection and deselection only upon the recommendation of the governing body to the board; requiring the creation of an advisory group to make recommendations to the principal for the selection and deselection of teachers; requiring county board of education to select and deselect personnel based on the public charter school principal's request; in the event of dissolution of a public charter school, requiring certain funds to revert to the county board of education and providing that the charter school is responsible for all debts with one exception; and requiring evaluations of public charter schools.
Referred to the Committee on Education; and then to the Committee on Finance.
By Senator Unger:
Senate Bill No. 687--A Bill to amend and reenact §16-13A-3 of the Code of West Virginia, 1931, as amended, relating to authorizing a county commission member to act as an ex officio, nonvoting member of its public service district board.
Referred to the Committee on Government Organization.
By Senators Jenkins and McCabe:
Senate Bill No. 688--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-3-1c, relating to the method of appraising certain affordable multifamily rental housing property for ad valorem property tax purposes.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Kessler, Browning, Edgell, Foster, Green, Guills, Hall, Laird, Snyder, Yost and Jenkins:
Senate Bill No. 689--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-1D-1, relating to the agreement among states to elect the president by national popular vote.
Referred to the Committee on the Judiciary.
By Senators Bowman and Kessler:
Senate Bill No. 690--A Bill to amend and reenact §60-3A-4 and §60-3A-25 of the Code of West Virginia, 1931, as amended, all relating to adding various definitions and authorizations to permit liquor sampling on Class A retail licenses.
Referred to the Committee on Government Organization.
By Senators Minard, Helmick and Plymale:
Senate Bill No. 691--A Bill to amend and reenact §17C-6-7a of the Code of West Virginia, 1931, as amended, relating to allowing the West Virginia State Police to use traffic law photo-monitoring devices for verification of security upon a motor vehicle.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 692--A Bill to amend and reenact §31D-1-150 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto two new sections, designated §31D-7-740 and §31D-7-741; to amend said code by adding thereto a new section, designated §31D-8-834; and to amend said code by adding thereto a new section, designated §31D-16-1621, all relating to corporate political accountability; definitions; requiring annual authorization and approval by a majority of shareholders for corporations spending an aggregate of $10,000 or more for political activities; providing for director liability for spending without proper authorization; and disclosure of corporate political activities to shareholders, Secretary of State and the public.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 693--A Bill to repeal §3-9-14 of the Code of West Virginia 1931, as amended; and to amend and reenact §3-8-1a, §3-8-2, §3-8-8 and §3-8-12 of said code, all relating to the regulation and control of elections; amending the definition of "express advocacy" and "targeted to the relevant electorate"; amending reporting requirements for independent expenditures; and repealing the ban on corporate independent expenditures.
Referred to the Committee on the Judiciary.
By Senators White, Foster, Kessler, Wells and Stollings:
Senate Bill No. 694--A Bill to amend and reenact §24-1-1 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §24-2-1j, all relating to requiring greater information to be submitted by the Public Service Commission annually regarding the quality of service provided by utilities and persons subject to its jurisdiction; and requiring incumbent local exchange carriers to achieve certain levels of advanced services availability within the state by July 1, 2013.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Hall and Sypolt:
Senate Joint Resolution No. 13--Proposing an amendment to the Constitution of the State of West Virginia, amending article VI thereof by adding thereto a new section, designated fifty-seven, relating to clarifying that the Constitution does not require the state to pay for any abortion; further clarifying that the Constitution does not secure or protect a right to abortion; 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.
By Senators Helmick, Oliverio, Prezioso, Deem, Boley, Jenkins, Green, Hall, Sypolt, K. Facemyer, Guills, Yost, Chafin and Plymale:
Senate Joint Resolution No. 14--Proposing an amendment to the Constitution of the State of West Virginia, by adding a new article, designated article XV, section one, relating to the definition of marriage in this state; 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 White and Laird offered the following resolution:
Senate Concurrent Resolution No. 33--Requesting the Division of Highways to name bridge number 34-22-0.96 located over Peters Creek on County Route 22 in Nicholas County, West Virginia, the "Homer J. Summers Memorial Bridge."
Whereas, Homer J. Summers was born in 1859 on Peters Creek to Christopher Van Rensselear and Margaret "Spinks" Summers in a home that was built in 1854; and
Whereas, Homer lived all of his ninety plus years as a farmer on this land; and
Whereas, Homer had one son, Rubert, with his first wife, Nora Martha Miller, and after her death married Minta Hanna, the mother of his two daughters; and
Whereas, Homer ended up with nine grandchildren, all of whom are successful in their own individual ways; and
Whereas, During his ninety years on his property he would watch the creek roll along and watch horses, cars, trucks and all other types of vehicles cross the bridge over Peters Creek; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 34-22-0.96 located over Peters Creek on County Route 22 in Nicholas County, West Virginia, the "Homer J. Summers Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Homer J. Summers Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Homer J. Summers.
Which, under the rules, lies over one day.
Senators Unger, Snyder, Wells, McCabe, Kessler and Plymale offered the following resolution:
Senate Resolution No. 34--Recognizing Leadership Jefferson for its service, dedication and commitment to Jefferson County.
Whereas, The objective of Leadership Jefferson is to promote knowledge and awareness of the problems, opportunities and issues facing Jefferson County; and
Whereas, Leadership Jefferson is designed to provide a series of educational and participatory experiences, as well as an opportunity for dialogue and the development of a correlation among participants in order to encourage local participation in the growth of Jefferson County; and
Whereas, The membership of Leadership Jefferson includes individuals from nearly every facet of Jefferson County's business, professional, religious, governmental, educational, civic, the arts, organized labor and minority organizations who demonstrate a commitment to the community; and
Whereas, The 2010 membership of Leadership Jefferson consists of Jenny Allen, Individual; Thomas Bayuzik, Jefferson County Development Authority; Catherine Bragaw, Harpers Ferry NHP; Jennifer Brockman, Jefferson County; Jess Chambers, Charles Town Races & Slots; Tina Coad, WVU-Hospitals East (Jefferson Memorial Hospital; Jennifer Colbert, Teacher of the Year; Darren Conners, Frontier Communications; Natasha Cortez-Caja, Jefferson Memorial Hospital; Carol Crabtree, Region 9; Elizabeth Dougherty, Charles Town Races & Slots; Ron Geigel, Charles Town Races & Slots; Ian Gingold, City National Bank, Elizabeth Gray, American Public University; Christina Johnson, Panhandle Home Health; Sarah Kleckner, City of Ranson; John Mauck, Charles Town Races & Slots; Heather Morgan, Jefferson County Chamber of Commerce; Tara Perry, Charles Town Auto Wash; James Phillips, Apple Valley Waste; Alexis Reed, Shepherd University; Jen Rolston, Eden Design; Katie See, City of Charles Town; Bill Silveous, City of Ranson; Andrew Skinner, Skinner Law Firm; Kathy Skinner, Individual; Allison Speaker, Student-Shepherd University; Ashley Stewart, United Bank; and Grant Wetmore, BCT; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes Leadership Jefferson for its service, dedication and commitment to Jefferson County; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate officials of Leadership Jefferson.
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.
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 second order of business and the introduction of guests.
The Senate then proceeded to the seventh order of business.
Senate Concurrent Resolution No. 31,
Requesting Joint Committee on Government and Finance study tourism industry development.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Economic Development; and then to the Committee on Rules.
Senate Concurrent Resolution No. 32, Requesting Joint Committee on Government and Finance study nonnarcotic pain treatment.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Health and Human Resources; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 214,
Updating certain terms in Corporation Net Income Tax Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 214) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 214) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 216, Updating terms in Personal Income Tax Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 216) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 216) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein
Eng. Com. Sub. for Senate Bill No. 273, Authorizing DEP promulgate legislative rules.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Boley, Bowman, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Yost and Tomblin (Mr. President)--27.
The nays were: Barnes, D. Facemire, Sypolt and Williams--4.
Absent: Caruth, Deem and Oliverio--3.
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. 273) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning, Chafin, Edgell, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger, Wells, White, Yost and Tomblin (Mr. President)--27.
The nays were: Barnes, D. Facemire, Sypolt and Williams--4.
Absent: Caruth, Deem and Oliverio--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 273) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein
Eng. Com. Sub. for Senate Bill No. 376, Relating to residential mortgage foreclosure data.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 376) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 376) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein
Eng. Senate Bill No. 385, Requiring banks provide bond to secure certain county deposits.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 385) passed.
The following amendment to the title of the bill, from the Committee on Banking and Insurance, was reported by the Clerk and adopted:
Eng. Senate Bill No. 385--A Bill to amend and reenact §7-6-2 of the Code of West Virginia, 1931, as amended, relating to requiring banks to execute a bond only where the amount of the public money deposited exceeds the amount that is insured by an agency of the federal government.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 387, Providing certain mortgage loan originators be licensed or registered.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 387) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 399, Relating to magistrates' election by division.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 399) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 401, Relating to ad valorem property taxes.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 401) passed.
On motion of Senator Helmick, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 401--A Bill to amend and reenact §11-3-1, §11-3-2a, §11-3-10, §11-3-12, §11-3-15, §11-3-19, §11-3-24, §11-3-24a and §11-3-25 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto fourteen new sections, designated §11-3-15a, §11-3-15b, §11-3-15c, §11-3-15d, §11-3-15e, §11-3-15f, §11-3-15g, §11-3-15h, §11-3-15i, §11-3-23a, §11-3-24b, §11-3-25a, §11-3-32 and §11-3-33; to amend said code by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11-6K-6, §11-6K-7 and §11-6K-8; and to amend and reenact §18-9A-12 of said code, all relating to taxation of real and personal property for ad valorem property tax purposes; defining and conforming terms used; making technical corrections in certain code sections to conform to prior acts of the Legislature; accelerating date for issuance of notices of increase in assessed value of real property; updating penalties for failure to file required property tax reports and returns; clarifying report and return filing requirements; accelerating due dates for filing reports and returns; assessment of property of limited liability companies; requiring assessors to notify owners of commercial business personal property of increases in assessed values for current assessment year by an established deadline; providing procedures for property owners to protest notices of assessed valuation and obtain appropriate adjustments from county assessors; providing for appeal of protested assessments to county board of equalization and review, board of assessment appeals and circuit court; providing for protest of classification or taxability to Tax Commissioner; specifying effective dates; providing for discovery; authorizing assignment to hearing examiner; providing methods for assessment of industrial property and natural resources property; establishing time and basis for assessments; providing for pertinent definitions; specifying form and manner of making returns; establishing criminal penalties for failure to file; providing for tentative appraisals by Tax Commissioner and notification to taxpayers; providing procedures for informal review of tentative appraisals; making of final appraisals; transmitting final appraisals to assessors; providing for appeals; authorizing reductions of assessments upon instruction of Tax Commissioner in certain circumstances; specifying effective dates; and holding harmless the local share for public school support for reductions in revenues resulting from decisions of a board of assessment appeals.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 422, Limiting liability for nonhealth care provider defibrillator users.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 422) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 445, Extending time Fairmont City Council can meet.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 445) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 445) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 461, Relating to administration of sales and use tax.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 461) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 511, Relating to tagging and checking beaver pelts.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 511) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 512, Increasing game trap markings.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 512) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 517, Creating Uniform Real Property Electronic Recording Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 517) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 547, Correcting inconsistency in school board levies' code.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 547) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 547) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 548, Extending time Boone County Board of Education can meet as levying body.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 548) 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, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Deem and Oliverio--3.
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. 548) 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 ninth order of business.
Senate Bill No. 10, Transferring certain cash balances between funds administered by Commissioner of Highways.
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. 104, Requiring employees selling alcohol take alcohol awareness course.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 122, Increasing mental health treatment refusal age of consent.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 220, Authorizing certain bond issuers receive federal subsidy bond credit payments.
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. 230, Relating to Board of Optometry.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Bowman, the following amendment to the bill was reported by the Clerk:
On page five, section three, after line sixteen, by inserting a new subdivision, designated subdivision (g), to read as follows:
(g) "Collaboration" means a written protocol agreement for each patient to be executed between an optometrist and ophthalmologist, and filed with the appropriate licensing boards, for an optometrist meeting the criteria of this article to perform Selective Laser Trabeculoplasty (SLT) procedures. The ophthalmologist must be notified when the procedure takes place by the optometrist and be available within forty miles of the treatment site in case patient complications require a physician.
On motion of Senator Kessler, the following amendment to Senator Bowman's amendment to the bill (Com. Sub. for S. B. No. 230) was reported by the Clerk and adopted:
By striking out the words "Selective Laser Trabeculoplasty (SLT) procedures" and inserting in lieu thereof the words "Argon Laser Trabeculoplasty procedures, Selective Laser Trabeculoplasty procedures and Peripheral Iridotomy procedures".
The question now being on the adoption of Senator Bowman's amendment to the bill (Com. Sub. for S. B. No. 230), as amended.
Following a point of inquiry to the President, with resultant response thereto,
At the request of Senator Chafin, unanimous consent being granted, further consideration of the bill and Senator Bowman's pending amendment, as amended, was deferred until the conclusion of bills on today's second reading calendar.
Com. Sub. for Senate Bill No. 240, Authorizing Department of Administration promulgate legislative rules.
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 read a second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 443, Requiring certain DUI offenders participate in Motor Vehicle Alcohol Test and Lock Program.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 464, Clarifying Division of Personnel functions.
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. 465, Relating to utility service disconnection.
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. 473, Authorizing conservation officers conduct boat safety checks.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 477, Creating centralized filing system for legislative reports.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 514, Clarifying certain language in Controlled Substances Monitoring Act.
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 Senate recessed until 1 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The end of today's second reading calendar having been reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 230, Relating to Board of Optometry.
Having been read a second time in earlier proceedings today, and now coming up in deferred order with Senator Bowman's amendment to the bill, as amended, pending (shown in the Senate Journal of today, page 63), was again reported by the Clerk.
At the request of Senator Bowman, and by unanimous consent, Senator Bowman's pending amendment, as amended, to the bill was withdrawn.
On motion of Senator Bowman, the following amendments to the bill (Com. Sub. for S. B. No. 230) were next reported by the Clerk, considered simultaneously, and adopted:
On page five, section three, after line sixteen, by inserting a new subdivision, designated subdivision (g), to read follows:
(g) "Collaborative arrangement" means a written protocol agreement for each patient to be executed between an optometrist and ophthalmologist, and filed with the appropriate licensing boards, for an optometrist meeting the criteria of this article. The ophthalmologist must be notified when the procedure takes place by the optometrist and be available within forty miles of the treatment site in case patient complications require a physician.;
On page five, section three, line seventeen, by striking out "(g)" and inserting in lieu thereof "(h)";
On page five, section three, line twenty, by striking out "(h)" and inserting in lieu thereof "(i)";
On page five, section three, lines twenty-one through twenty- three, by striking out all of subdivision (i);
On page six, section three, after line twenty-five, by inserting a new subdivision, designated subdivision (k), to read as follows:
(k) "Ophthalmologist" means a physician specializing in ophthalmology licenced in West Virginia to practice medicine and surgery under article thereof this chapter or osteopathy under article fourteen of this chapter.;
And,
By relettering the remaining subdivisions.
On motion of Senator Bowman, the following amendment to the bill (Com. Sub. for S. B. No. 230) was next reported by the Clerk:
On page eighteen, section nine, line fifty-four, after the word "may" by striking out the remainder of the subdivision and inserting in lieu thereof the words "use a Selective Laser Trabeculoplasty in the treatment of glaucoma when such licensee is working in a collaborative arrangement with an ophthalmologist: Provided, however, That a licensee who observes progressive vision loss in a patient shall refer that patient to an ophthalmologist;".
On motion of Senator Kessler, the following amendment to Senator Bowman's amendment to the bill (Com. Sub. for S. B. No. 230) was reported by the Clerk:
By striking out the words "a Selective Laser Trabeculoplasty" and inserting in lieu thereof the words "Argon Laser Trabeculoplasty procedures, Selective Laser Trabeculoplasty procedures and Peripheral Iridotomy procedures".
The question being on the adoption of Senator Kessler's amendment to Senator Bowman's amendment to the bill (Com. Sub. for S. B. No. 230), the same was put.
The result of the voice vote being inconclusive, Senator Jenkins demanded a division of the vote.
A standing vote being taken, the were eighteen "yeas" and twelve "nays".
Whereupon, the President declared Senator Kessler's amendment to Senator Bowman's amendment to the bill adopted.
The question now being on the adoption of Senator Bowman's amendment
to the bill (Com. Sub. for S. B. No. 230), as amended, the same was put and prevailed.
On motion of Senator Bowman, the following amendment to the bill
(Com. Sub. for S. B. No. 230) was next reported by the Clerk and adopted:
On page eighteen, section nine, line forty-nine, after the word "surgery" by changing the colon to a semicolon and striking out the proviso.
On motion of Senator Bowman, the following amendment to the bill (Com. Sub. for S. B. No. 230) was next reported by the Clerk and adopted:
On pages nineteen and twenty, by striking out all of section ten;
And,
By renumbering the remaining sections.
On motion of Senator Prezioso, the following amendment to the bill (Com. Sub. for S. B. No. 230) was next reported by the Clerk:
On page eighteen, section nine, lines fifty-two through sixty- five, by striking out all of subdivision (2);
And,
Renumbering the remaining subdivisions.
The question being on the adoption of Senator Prezioso's amendment to the bill, the same was put.
Following a point of inquiry to the President, with resultant response thereto,
At the request of Senator Prezioso, and by unanimous consent, Senator Prezioso's amendment to the bill was withdrawn.
On motion of Senator Bowman, the following amendment to the bill (Com. Sub. for S. B. No. 230) was next reported by the Clerk and adopted:
On pages two and three, by striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §30-8-2a, §
30-8-2b, § 30-8-3a, § 30-8-3b and §30-8-5 of the Code of West Virginia, 1931, as amended, be repealed; that § 30-8- 1, § 30-8- 2, § 30-8- 3, § 30-8- 4, § 30-8- 5, § 30-8- 6, § 30-8- 7, § 30-8- 8, § 30- 8- 9, § 30-8- 10 and § 30-8- 11 of said code be amended and reenacted; and that said code be amended by adding thereto eleven new sections, designated § 30-8- 12, § 30-8- 13, § 30-8- 14, § 30-8- 15, § 30-8- 16, § 30-8- 17, § 30-8- 18, § 30-8- 19, § 30-8- 20, § 30-8- 21 and § 30-8- 22, all to read as follows:.
At the request of Senator Prezioso, and by unanimous consent, the bill was advanced to third reading with the right for further amendments to be considered on that reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 41, Relating to community enhancement districts.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 42, Revising Municipal Economic Opportunity Development District 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. 120, Requiring certain students provide dental exam proof.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 128, Relating to Smart 529 college savings plan.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 237, Authorizing issuance of revenue bonds for public projects.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 345, Requiring telecommunications tax study.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Com. Sub. for Senate Bill No. 349, Requiring child care centers have written evacuation plan.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 352, Creating WV Community Empowerment Transportation 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. 389, Relating to eligibility of certain felons to receive certain federally funded benefits.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 390, Clarifying court assesses private investigative and security services regulations violation penalties.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 441, Relating to residential solar energy systems tax credit.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 453, Providing State Register subscribers electronic format option.
On first 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. 490, Relating to domestic violence.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Senate Bill No. 506, Imposing penalties for falsifying State Police Retirement Fund records.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Com. Sub. for Senate Bill No. 515, Relating to firearms' purchases and licensing.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth, Deem and Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, February 23, 2010, at 11 a.m.
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