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sdj-43rd day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FORTY-THIRD DAY

____________

Charleston, W. Va., Wednesday, February 24, 2010

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

Prayer was offered by Pastor Sam Crites, Pennsboro Baptist Church, Pennsboro, West Virginia.
Pending the reading of the Journal of Tuesday, February 23, 2010,
On motion of Senator Unger, the Journal was approved and the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4145--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-4-9, relating to providing services and facilities to assist student veterans at state institutions of higher education.
Referred to the Committee on Military; and then to the Committee on Education.
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. 4299--A Bill
to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Public Employees Insurance Agency; providing that retired employees who retire on or after July 1, 2010, who have participated in the plan as active employees for less than five years and who were employed by an employer that is not participating in the Public Employees Insurance Agency insurance program are responsible for the entire premium cost for coverage ; providing an exception.
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. 63--Requesting that a small portion of Route 50 from mile marker 13 in Blueville to the Tygart River Bridge at Fetterman, West Virginia be named the "John W. Blue Memorial Highway".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 67--Requesting the Division of Highways to name that portion of highway beginning on U.S. Route 50 at the Fetterman Bridge in Grafton, Taylor County, and continuing to the Harrison County/Doddridge County line a "Purple Heart Trail".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 12, Relating to regional water and wastewater authorities.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 12 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §16-13D-1, §16-13D-2, §16-13D- 6, §16-13D-8 and §16-13D-15 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto six new sections, designated §16-13D-10a, §16-13D-10b, §16-13D- 15a, §16-13D- 15b, §16-13D- 15c and §16-13D- 15d; and to amend and reenact §24-2-3 and §24-2-4b of said code, all relating to authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to provide for the joint maintenance of its participating public agencies; authorizing regional water authorities, regional wastewater authorities and regional water and wastewater authorities to extend service to unserved customers within its territory; establishing an ordinance procedure for regional water authorities, regional wastewater authorities and regional water and wastewater authorities; and permitting regional water authorities, regional wastewater authorities and regional water and wastewater authorities to purchase or merge with existing public service district to provide water services.
Senate Bill No. 328, Relating to professional licensing boards posting fee increase proposals.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 328 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §30-1-6 of the Code of West Virginia, 1931, as amended, relating to professional licensing boards; clarifying the manner of providing notice to licensees of proposed fee increases; requiring Social Security numbers to be redacted on public copies; and updating language.
And,
Senate Bill No. 600, Setting salary range for Lottery Director.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 600 (originating in the Committee on Government Organization)--A Bill
to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to salaries of appointive state officers; setting a salary range for the Lottery Director and the Adjutant General; and allowing the Governor to determine the salary.
With the recommendation that the three committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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 Committee Substitute for Senate Bill No. 12 contained in the foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 12) was taken up for immediate consideration, read a first time and ordered to second reading.
At the request of Senator Bowman, and by unanimous consent, the bills (Com. Sub. for S. B. Nos. 328 and 600) contained in the preceding report from the Committee on Government Organization were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 197, Authorizing State Police administer DNA identification system.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 197 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §15-2B-3, §15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §15-2B-15 and §15-2B- 16, all relating to DNA data collection generally; providing definitions; authorizing the West Virginia State Police to administer DNA identification system; authorizing the West Virginia State Police to enter into certain cooperative agreements; requiring DNA sample be obtained upon conviction; identifying tests to be performed on DNA samples; providing authority to maintain samples; providing procedure for withdrawing and analyzing samples; providing procedure for exchanging samples with others; providing procedure for removing sample from database by expungement; providing for destruction of samples; providing penalties; and authorizing the West Virginia State Police to collect certain fees for DNA testing.
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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 197) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 219 (originating in the Committee on Government Organization), Relating to managing state motor vehicle fleet.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 219 (originating in the Committee on Finance)--A Bill to amend and reenact §5A-1-2 of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-48 and §5A-3-49 of said code, all relating to the management of motor vehicles and aircraft owned or possessed by the state; authorizing the establishment of the Fleet Management Office within the Department of Administration; authorizing the Secretary of the Department of Administration to promulgate emergency rules; and repealing certain exemptions to rules pertaining to vehicles and aircraft owned or possessed by the state.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 287, Authorizing DHHR promulgate legislative rule relating to fees for services.
And reports the same back with the recommendation that it do pass; but under the original triple committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 347, Creating WV Transportation Finance Commission.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 347) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 368, Authorizing excess Courtesy Patrol funds be transferred to Tourism Promotion Fund.
Com. Sub. for Senate Bill No. 447, Providing certain nonstate retirees responsible for PEIA costs.
And,
Com. Sub. for Senate Bill No. 449, Relating to PEIA preexisting conditions limitations.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Bill No. 394, Authorizing DMV use certain program to identify uninsured vehicles
.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 394 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17A-3-3 of the Code of West Virginia, 1931, as amended; to amend and reenact §17D-2A-1, §17D-2A-2, §17D-2A-3, §17D-2A-6, §17D-2A-7 and §17A-2A-12 of said code; to amend said code by adding thereto a new section, designated §17D-2A-6a; and to amend said code by adding thereto a new section, designated §33-6- 31g, all relating to enforcement of the required security upon motor vehicles; requiring insurance companies licensed to do business in this state to cooperate with the Division of Motor Vehicles or its agent by verifying evidence of insurance coverage; authorizing the commissioner to establish a system for online real- time insurance verification; and establishing administrative and criminal penalties.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Banking and Insurance; and with the further recommendation that it then be referred to the Committee on Finance.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 394) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Banking and Insurance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 450, Exempting certain public employers and employees from requirements of certain insurance provisions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 450 (originating in the Committee on Banking and Insurance)--A Bill
to amend and reenact §5-16-22 of the Code of West Virginia, 1931, as amended, relating to exempting certain employers and employees from the requirements of the insurance provisions of chapter thirty-three of this code; and providing exceptions.
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,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 450) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, 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. 463, Relating to public records management and preservation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 463 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §5A-8-15 of the Code of West Virginia, 1931, as amended, relating to public records management and preservation; requiring county government entities to offer records to the Director of the Section of Archives and History of the Division of Culture and History prior to destroying or disposing of them; and allowing the allocation of funds in the Public Records and Preservation Revenue Account for grants to counties for records management, access and preservation purposes in accordance with legislative rule .
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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 463) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 480, Relating to public higher education personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 480 (originating in the Committee on Education)--A Bill
to repeal §18-23-4a of the Code of West Virginia, 1931, as amended; to repeal §18B-8-3a of said code; to repeal §18B-9-2a, §18B-9-5, §18B-9-7, §18B-9-8, §18B-9-9, §18B- 9-10 and §18B-9-12 of said code; to amend and reenact §5-6-4a of said code; to amend and reenact §12-1-12d of said code; to amend and reenact §18B-1-2 and §18B-1-6 of said code; to amend and reenact §18B-1B-4 and §18B-1B-5 of said code; to amend and reenact §18B-2A-3, §18B-2A-4 and §18B-2A-8 of said code; to amend and reenact §18B-2B-3 of said code; to amend and reenact §18B-3-1, §18B-3-3 and §18B-3-4 of said code; to amend said code by adding thereto a new section, designated §18B-3C-7a; to amend and reenact §18B-3C-8 of said code; to amend and reenact §18B-4-1 of said code; to amend said code by adding thereto a new section, designated §18B-4-2a; to amend and reenact §18B-5-9 of said code; to amend and reenact §18B-7-1, §18B-7-2, §18B-7-3, §18B-7-4, §18B-7-5, §18B-7-6, §18B-7-7, §18B-7-8, §18B-7-9, §18B-7-10, §18B-7-11 and §18B-7-12 of said code; to amend said code by adding thereto four new sections, designated §18B-7-13, §18B-7-14, §18B-7-15 and §18B-7-16; to amend and reenact §18B-8-1, §18B-8-3, §18B-8-4, §18B-8-5 and §18B-8-6 of said code; to amend said code by adding thereto a new section, designated §18B-8-2; to amend and reenact §18B-9-1, §18B-9-2, §18B- 9-3 and §18B-9-4 of said code; to amend said code by adding thereto a new article, designated §18B-9A-1, §18B-9A-2, §18B-9A-3, §18B-9A-4, §18B-9A-5, §18B-9A-6, §18B-9A-7 and §18B-9A-8; to amend and reenact §18B-10-1 of said code; and to amend and reenact §18B- 12-1, §18B-12-2, §18B-12-3 and §18B-12-6 of said code, all relating to public higher education personnel generally; state organizations of higher education; public higher education governance; research corporations; reviewing certain real property contracts; repealing sunset provision for pilot investment program for Marshall University and West Virginia University; specifying and clarifying rule-making procedures; specifying certain powers and duties of certain higher education organizations; establishing classification and compensation for certain employees; specifying powers and duties; providing legislative purposes and intent; providing certain definitions; requiring creation of certain professional staff positions; setting forth minimum qualifications and specifying duties; requiring organization rulemaking; specifying applicability of certain statutes and rules and providing certain exceptions; setting forth relationships among certain higher education organizations; designating names and locations for certain state institutions of higher education; authorizing certain supplemental retirement, health and welfare benefit plans for certain employees; providing for certain employer and employee matches; authorizing employee payroll deductions; requiring establishment of continuing education and professional development programs for certain employees; setting forth certain employment practices; requiring certain periodic reports; specifying data to be included in reports and designating report due dates; providing certain exceptions to report due dates; requiring periodic audits of human resources functions at certain higher education organizations; setting forth purposes of audits; specifying audit criteria and designating completion dates; requiring prior notice of audits and setting forth certain exceptions; authorizing compensatory time off for certain employees in certain instances; setting forth conditions; defining "nonclassified" employees; limiting percentage of employees designated as "nonclassified"; establishing formula for calculating percentage; providing effective date for meeting percentage limits and requiring compliance reports; authorizing certain employment by mutual agreement; setting forth terms, conditions and applicability of agreements; requiring probationary period for certain employees; authorizing catastrophic leave banks and leave transfer for certain employees; setting forth terms and conditions for participation; codifying certain current practices; authorizing merit salary increases for certain employees under certain conditions; requiring study of certain employment practices; requiring report and specifying data and report due date; requiring faculty salary rules and providing for salary increases in certain instances; authorizing sabbatical leaves for certain professional personnel; specifying terms and conditions for participation; maintaining certain rights and benefits during leaves of absences under certain circumstances; requiring definition of certain terms; requiring notice of employment decisions to probationary faculty members by certain date and providing for hearings in certain instances; stating legislative intent regarding funding for certain employee salary schedules; specifying applicability of certain statutes, establishing certain terms and conditions and providing certain exceptions; providing formulas for making certain salary calculations; requiring certification of certain higher education organizations relating to certain salary funding requirements; specifying applicability of certain rules; requiring review and approval process for certain rules and specifying responsibilities of certain professional personnel relating to rulemaking; providing short title designation; requiring maintenance of uniform job classification system; establishing job classification committee and specifying membership, organization and powers and duties; assigning certain other powers and duties relating to job classification; establishing compensation planning and review committee and specifying membership, organization and powers and duties; requiring establishment of market salary structures and minimum salary schedules, requiring periodic updates and specifying certain other related powers and duties; requiring periodic market salary studies and specifying application of study findings; requiring certain salary comparisons and establishing limit on variations of average salaries among employee classes; specifying authority and duty of Higher Education Policy Commission and Council for Community and Technical College Education over classification and compensation system; requiring promulgation of certain personnel rules by certain date; authorizing emergency rules with prior approval; establishing parameters for rules; defining "major deficiencies" in human resources functions; specifying mechanisms for correcting identified deficiencies and requiring and authorizing certain sanctions in certain instances; providing for hearing employee appeals; requiring employee performance evaluations; requiring certain training for supervisory personnel; establishing terms and conditions for exercising certain operational flexibilities for certain governing boards; establishing certain goals for implementing certain statutes and rules; fixing certain implementation responsibilities; providing for review and approval of certain academic programs, degrees and capital budgets; providing for review of operating budgets; providing a procedure to extend certain powers and duties to certain governing boards; extending certain purchasing authority to certain governing boards with prior approval; providing for review and approval of governing boards' requests for tuition and fee increases greater than set amounts; removing caps on increases in tuition and fees; authorizing research and development agreements between governing boards of state institutions of higher education and certain corporations; providing legislative findings and purpose related to research corporations; providing certain definitions; setting forth essential criteria for research corporations; specifying corporation membership, organization and financial requirements; conforming research corporation reporting provisions to federal law ; making technical corrections; and deleting obsolete language.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 480) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Com. Sub. for Senate Bill No. 483, Authorizing HMOs offer point of service option.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 483) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time and ordered to second reading.
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. 494, Providing fiduciary commissioner oversight.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 494 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §44-3-1 of the Code of West Virginia, 1931, as amended; and to amend and reenact §44-3A-35 of said code, all relating to administration of estates; responsibilities, reports and duties of fiduciary commissioners; duties of county clerks; and providing for oversight of fiduciary commissioners by county clerks and county commissions.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 521, Transferring certain professional bondsmen oversight from Supreme Court to Insurance Commissioner.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (S. B. No. 521) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 577, Clarifying definition of "charitable raffle".
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 577 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact §47-21-2 and §47-21-20 of the Code of West Virginia, 1931, as amended, all relating to raffles; clarifying the definition of "raffle"; providing for criminal and civil penalties, license suspension and revocation; and authorizing forfeiture and destruction of property.
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 Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 577) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 580, Providing full-time nursing educators certain tax credit.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 580) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 583, Updating references to the Information Services and Communications Division.
Senate Bill No. 584, Relating to Center for Nursing's data collection policy.
And,
Senate Bill No. 604, Extending mental hygiene procedures' sunset provision.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 585, Relating to release requirements for liens.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 585 (originating in the Committee on Banking and Insurance)--A Bill
to amend and reenact §38-12-1 of the Code of West Virginia, 1931, as amended, all relating to requiring lienholders to record a release in the county clerk's office within sixty days after the lien has been satisfied.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 585) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 594, Relating to powers, duties and responsibilities of Water Development Authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 594 (originating in the Committee on Economic Development)--A Bill
to amend and reenact §22C-1-6 of the Code of West Virginia, 1931, as amended, relating to the appointment of individuals and employees of the Water Development Authority outside the state civil service system; permitting the authority to fix the compensation of said individuals and employees; and providing that the removal of certain individuals and employees is at the discretion of the authority.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 594) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 595, Extending vesting period for subdivision and land development plans.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 612, Authorizing Governor certify certain capital improvement projects' lists.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 612) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 621, Allowing certain permit limits for dischargers located upstream of public water intakes.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Senate Bill No. 633, Depositing public funds into certain federally insured accounts.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bill (S. B. No. 633) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 657, Creating WV Traumatic Brain Injury Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 657 (originating in the Committee on Health and Human Resources)--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.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 657) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 661, Providing funds for TechConnectWV.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 661 (originating in the Committee on Economic Development)--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.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 661) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 686, Relating to public charter schools.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 686) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Education pending.
Senator Unger, from the Committee on Transportation and Insurance, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 40 (originating in the Committee on Transportation and Infrastructure)--
Requesting the Joint Committee on Government and Finance study issues related to the operation and maintenance of West Virginia's state road and highway system related to snow removal and ice control, operations associated with responding to inclement weather events and emergencies and established quota levels pertaining to personnel, equipment and materials for road repair and maintenance.
Whereas, The West Virginia Division of Highways has been given statutory authority for the planning, design, construction, operation and maintenance of West Virginia's state road and highway system; and
Whereas, The Division of Highways' mission is to protect public safety and preserve its highway system by maintaining and repairing the system and responding to inclement weather related events and emergencies so travelers and goods reach their destination safely and efficiently; and
Whereas, A key component of the maintenance of state highways is the control of snow and ice; and
Whereas, Snow removal and ice control should be performed in order to facilitate the movement and safety of public traffic and should be done in accordance with best management practices; and
Whereas, Division of Highways uses snow plows, motor graders, deicing salt and abrasives to clear and treat the roadway pavement; and
Whereas, Division of Highways has established quotas and set budgets for equipment and personnel to deliver operational services related to snow removal and ice control within its county and expressway maintenance organizations; and
Whereas, The control of snow and ice on West Virginia's roads and highways involves balancing the needs of the traveling public, traffic and personal safety and the pavement wear and ride deterioration together with limited moneys and resources available to the Division of Highways; and
Whereas, The Division of Highways should be continually searching for materials, resources, equipment, personnel and improved operational practices to lessen the effects of inclement weather; and
Whereas, A renewed state commitment to funding West Virginia's road and highway infrastructure is necessary as well as a renewed interest in addressing the enormity of the transportation infrastructure system crisis created by inadequate federal and state funds, lack of personnel and equipment together with operational practices that don't employ best management practices; and
Whereas, Without adequate infrastructure to efficiently and safely move people and goods, the state's traffic and economic development will cease; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study issues related to the operation and maintenance of West Virginia's state road and highway system related to snow removal and ice control and operations associated with responding to inclement weather events and emergencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance review the Division of Highways' established quota levels pertaining to personnel, equipment and materials for road maintenance and repair including, but not be limited to, snow removal, ice control, repair and patching of damaged roads, mowing and all other routine road maintenance; and, be it
Further Resolved, That the Joint Committee on Government and Finance study the costs associated with repairing and paving roads and highways damaged from snow removal and ice control, especially damage caused by recent winter storms, together with identifying federal and state funds adequate to immediately repair and patch the damaged roads; and, be it
Further Resolved, That the Joint Committee on Government and Finance review the priorities given to improving the state's roads and highways together with identifying federal and state funds to adequately achieve those priorities; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from the Division of Highways, State Police, National Guard, as well as weather service providers, as to how snow removal and ice control services may be more efficiently provided during inclement weather events and emergencies; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.

And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
On motion of Senator Chafin, the resolution (S. C. R. No. 40) contained in the foregoing report from the Committee on Transportation and Infrastructure was then referred to the Committee on Rules.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Concurrent Resolution No. 41 (originating in the Committee on Education)--
Authorizing the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities.
Whereas, Section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, provides for the allocation and appropriation of state excess lottery revenues; and Whereas, The West Virginia Higher Education Policy Commission is a governmental instrumentality of the State of West Virginia empowered and authorized to issue bonds by sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended; and Whereas, In accordance with the provisions of section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, a special revenue fund within the State Lottery Fund in the State Treasury was established and is known as the State Excess Lottery Revenue Fund. From this fund the State Lottery Commission is to deposit $15 million annually to the Higher Education Improvement Fund for Higher Education; and Whereas, In accordance with section eighteen-a, article twenty-two, chapter twenty-nine of the Code of West Virginia, 1931, as amended, the adoption of a concurrent resolution by the Legislature authorizes the issuance of bonds and payment of debt service on the bonds from the Higher Education Improvement Fund for Higher Education. The bonds may be issued by the Higher Education Policy Commission, payable from the Higher Education Improvement Fund for Higher Education and as may be authorized by the Higher Education Policy Commission, from revenues pledged from required educational and general capital fees. The Lottery Commission shall deposit into the Higher Education Improvement Fund for Higher Education, created pursuant to said section, the sum of $15 million in each fiscal year to be used to pay debt service on the revenue bonds issued by the Higher Education Policy Commission to finance improvements for state colleges and universities. The revenues pledged for the repayment of principal and interest of these bonds may also include required educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and Whereas, Every issue of the Higher Education Policy Commission's bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees, the State Excess Lottery Revenue Fund and such other sources as may be authorized by the Higher Education Policy Commission; and Whereas, The bonds shall be authorized by resolution of the Higher Education Policy Commission, shall bear the date, shall mature at time or times, not exceeding 30 years from the date of issue, and shall bear such rate or rates of interest as the resolution may provide; therefore, be it Resolved by the Legislature of West Virginia: That the Legislature hereby authorizes the issuance of revenue bonds payable from the State Excess Lottery Revenue Fund to provide new capital improvements, consisting of facilities, buildings and structures for state colleges and universities; and, be it Further Resolved, That the Higher Education Policy Commission may pledge for the repayment of principal and interest of revenue bonds issued pursuant to sections one and eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, the revenues in the Higher Education Improvement Fund for Higher Education authorized by section eighteen-a, article twenty-two, chapter twenty-nine of said code and other revenues as may be authorized by the Higher Education Policy Commission. The revenues pledged for the repayment of principal and interest of such bonds may also include educational and general capital fees authorized by sections one and eight, article ten, chapter eighteen-b of said code; and, be it Further Resolved, That every issue of its bonds shall be special obligations of the Higher Education Policy Commission, payable solely from the educational and general capital fees or other sources available to the Higher Education Policy Commission which are pledged therefor, including the Higher Education Improvement Fund for Higher Education; and, be it Further Resolved, That, upon resolution of the Higher Education Policy Commission, the funds deposited into the Higher Education Improvement Fund for higher education shall be deposited into the special Capital Improvement Fund created under section eight, article ten, chapter eighteen-b of the Code of West Virginia, 1931, as amended, and used to pay debt service on bonds authorized to be issued pursuant to this resolution and any funds not so applied may be used by the Higher Education Policy Commission only to make capital improvements at state colleges and universities; and, be it Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor and the Higher Education Policy Commission.
And reports the same back with the recommendation that it be adopted; but with the further recommendation that it first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the resolution (S. C. R. No. 41) contained in the foregoing report from the Committee on Education was then referred to the Committee on Finance.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 4128, Relating to insurance companies deemed to be in hazardous financial condition.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
The Senate proceeded to the sixth order of business.
Senators Unger, Snyder, Hall, Kessler, McCabe and Plymale offered the following resolution:
Senate Resolution No. 39--"Commemorating the City of Ranson's Centennial".
Whereas, The City of Ranson, West Virginia, was formed on October 18, 1910, and is celebrating its centennial in 2010; and
Whereas, In May 1890, the Charles Town Mining, Manufacturing & Improvement Company was founded by Roger Preston Chew, a Lieutenant Colonel in the confederate artillery under General J.E.B. Stuart during the Civil War and former member of the West Virginia Legislature from 1884 to 1890, with the intention of making Charles Town the hub of industrial activity in Jefferson County, West Virginia; and
Whereas, The Charles Town Mining, Manufacturing & Improvement Company purchased 850 acres adjoining the western and northern corporate limits of Charles Town. The largest tract of this land was purchased from the Ranson family. The principle property owner, James Matthew Ranson Jr. was born in Jefferson County in 1858 and was a farmer in the Charles Town district in the late nineteenth century. After the family's namesake, the new community was called Ranson and grew around the Belt Railroad, which bisected the area from east to west. The Belt Railroad was a spur between the Norfolk and West Railroad and the Valley of Virginia Branch of the Ohio Railroad; and
Whereas, A Virginia Free Press news release dated February 18, 1891, reported that the Charles Town Mining, Manufacturing & Improvement Company had named and laid out planned streets and avenues for its planned community and started to sell parcels of land for development of commercial and residential properties;
Whereas, The new Ranson industrial community grew around the bustling railroads of the late 1890's and early 1900's. Several industrial factories were located in the area, including the A. D. Goetz Company, which produced harnesses, collars, and saddler; Shenandoah Brass and Iron Works; the Elmer E. Beachly Saw and Planing Mill; the Vulcan Road Machine Company; the Shenandoah Brass and Iron Works (later named Powhatan Brass and Iron Works); and Hotel Powhatan; and
Whereas, In 1910, the residents in the Ranson community decided to form their own town which encompassed the original 850 acres of land purchased by Charles Town Mining, Manufacturing & Improvement Company. On October 15, 1910, by a vote of 69 to 2, Ranson incorporated and three days later, on October 18, 1910, Ranson officially became a separate town;
Whereas, The City of Ranson has steadily grown over the last 100 years in terms of population, land mass and commercial and residential development. With the construction and opening of Jefferson Memorial Hospital on October 3, 1948, Ranson began to develop a medical community with many doctors opening offices in and around the hospital. The facility continues to serve the residents of Ranson and Jefferson County. Comparable to the boom in the late 1890's, the City of Ranson experienced a growth spurt in the 2000's with the addition of approximately 5,000 acres to the City limits, residential subdivisions and housing opportunities, and large-scale commercial development serving the needs of Ranson and surrounding areas; and
Whereas, As in its beginning, Ranson continues to host and welcome individuals, business and industry to the community. Today, Ranson is transitioning from a small industrial town, which boomed in the late 19th Century, to a modern full-service City and economic engine within the region that blends major corporations with quiet residential neighborhoods and a developing commercial district; therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the City of Ranson's Centennial; and, be it
Further Resolved, That the Senate extends its congratulations to the City of Ranson on its centennial, which is officially October 18, 2010, and for its 100 years of progress and service to the citizens of Ranson, Jefferson County, and to the state of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to A. David Hamill, Mayor of the city of Ranson.
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.
The Senate proceeded to the seventh order of business.
The President then stated that the hour had arrived for the special order of business, as to
Senate Resolution No. 21, Honoring Donald Spence for dedication to education.
On unfinished business, coming up as a special order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
The special order of business having been concluded,
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and resumed business under the seventh order.
Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Wayne County "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 35, Requesting DOH name bridge in Mingo County "Virgil and Marcella Faye Marcum Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 36, Requesting DOH name bridge in Boone County "Kevin Lee Ball Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 37, Requesting Joint Committee on Government and Finance study DOH's county highway allocation formula for resources and money.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
Senate Concurrent Resolution No. 38, Requesting Joint Committee on Government and Finance study alternative fuels and vehicular energy consumption.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure; and then to the Committee on Rules.
Senate Concurrent Resolution No. 39, Requesting Joint Committee on Government and Finance study tobacco-related tax uses.
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Finance; and then to the Committee on Rules.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the sixth order of business, which agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return from the House of Delegates of
Eng. Com. Sub. for Senate Bill No. 473, Authorizing conservation officers conduct boat safety checks
.
Passed by the Senate on yesterday, Tuesday, February 23, 2010,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote as to the passage of the bill.
The vote thereon having been reconsidered,
On motion of Senator Chafin, the bill was rereferred to the Committee on Natural Resources.
The Senate proceeded to the eighth order of business.
Eng. Senate Bill No. 41, Relating to community enhancement districts.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 41) 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. 42, Revising Municipal Economic Opportunity Development District 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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 42) 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. 120, Requiring certain students provide dental exam proof.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Barnes, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Senate Bill No. 128, Relating to Smart 529 college savings plan.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 128) 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. 232, Transferring certain requirements for redeeming delinquent land sales from county clerks to State Auditor.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 232) 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. 237, Authorizing issuance of revenue bonds for public projects.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 237) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 237) 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. 345, Requiring telecommunications tax study.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 345) 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 Com. Sub. for Senate Bill No. 349, Requiring child care centers have written evacuation plan.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 349) 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. 352, Creating WV Community Empowerment Transportation 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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 352) 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. 390, Clarifying court assesses private investigative and security services regulations violation penalties.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 390) 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. 441, Relating to residential solar energy systems tax credit.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 441) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 441) 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. 464, Clarifying Division of Personnel functions.
Having been read a third time on yesterday, Tuesday, February 23, 2010, and now coming up in regular order, was reported by the Clerk.
The question being "Shall Engrossed Senate Bill No. 464 pass?"
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 464) 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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S. B. No. 464) 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. Com. Sub. for Senate Bill No. 490, Relating to domestic violence.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 490) 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. 506, Imposing penalties for falsifying State Police Retirement Fund records.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 506) 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. 515, Relating to firearms' purchases and licensing.
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, Deem, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 515) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 389, Relating to eligibility of certain felons to receive certain federally funded benefits.
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. 435, Relating to speed-detecting device use law.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 453, Providing State Register subscribers electronic format option.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Senate Bill No. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain wild animals.
Com. Sub. for Com. Sub. for Senate Bill No. 396, Updating commercial driver's license requirements.
Com. Sub. for Com. Sub. for Senate Bill No. 398, Prohibiting landfill disposal of certain electronic devices.
Com. Sub. for Senate Bill No. 446, Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only.
Com. Sub. for Senate Bill No. 471, Increasing circuit clerks' copying charge.
Senate Bill No. 526, Finding and declaring certain claims against state.
Senate Bill No. 553, Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System.
And,
Senate Bill No. 602, Repealing outdated and obsolete sections of tax code.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Green and Chafin.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senators Green and Chafin were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the Senate, including a minority party caucus,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, February 25, 2010, at 11 a.m.
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