sdj-44th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-FOURTH DAY
____________
Charleston, W. Va., Thursday, March 26, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Kenneth Huffman, London
Baptist Church, London, West Virginia.
Pending the reading of the Journal of Wednesday, March 25,
2009,
On motion of Senator Yost, 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. 2411--A Bill to amend and
reenact §21-3-1 of the Code of West Virginia, 1931, as amended,
relating to requiring that workplace fatalities be reported to the
Division of Labor.
Referred to the Committee on Labor.
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. 2413--A Bill to amend and
reenact §8-14-12 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §8-22-25 of said code, all relating to the
age hiring restrictions for new applicants to municipal police
departments.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2547--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
article, designated §47-25-1, §47-25-2, §47-25-3 and §47-25-4, all
relating to pawnbrokers; requiring pawnbrokers to obtain and retain
a signed statement affirming ownership from each seller or pledgor
on all sale or pawn transactions, except for refinance pawn
transactions or merchandise bought from a manufacturer or
wholesaler with an established place of business; making the
violation of that requirement a misdemeanor; making the filing of
a false statement of ownership a misdemeanor; making a pawnbroker's
failure to comply a misdemeanor; establishing criminal penalties
for offenses; and definitions.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2557--A Bill to amend and
reenact §46A-6A-2, §46A-6A-3 and §46A-6A-3a of the Code of West
Virginia, 1931, as amended, all relating to new motor vehicle
warranties; making the provisions related to the enforcement of new
motor vehicle warranties applicable to vehicles registered and
titled in this state, regardless of where the vehicle was
purchased; and continuing to make the same provisions related to
the enforcement of new motor vehicle warranties applicable to new
cars purchased in this state, regardless of where they are titled.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2739--A Bill to amend and
reenact §48-27-311, §48-27-505, §48-27-701, §48-27-902, §48-27-903
and §48-27-1002 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto two new sections, designated
§48-27-1003 and §48-27-1004, all relating to revising and expanding
the procedures and methods for service, enforcement, and
registration of domestic violence protective orders; requiring
circuit court clerks to use certified or registered mail for
service of a protective order; requiring circuit court clerks to
forward copies of protective orders to magistrates or magistrate court clerks; requiring magistrates or magistrate court clerks to
forward copies of protective orders to state and federal agencies;
requiring law enforcement to attempt service of protective orders
within seventy-two hours of issuance; authorizing certain persons
to file a criminal complaint for violation of a protective order;
providing a criminal penalty for violation of a protective order;
authorizing the seizure of weapons possessed in violation of a
protective order; authorizing nonjudicial enforcement and service
of state protective orders; and providing civil and criminal
immunity to government officials for acts or omissions arising out
of enforcement of a protective order, or the detention or arrest of
an alleged violator of a protective order, if the official acted in
a good faith effort to comply with the statutes related to the
prevention and treatment of domestic violence.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2757--A Bill to amend and
reenact §33-33-1, §33-33-2, §33-33-3, §33-33-4, §33-33-5, §33-33-6,
§33-33-8, §33-33-9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12,
§33-33-13, §33-33-14 and §33-33-15 of the Code of the West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §33-33-16, all relating to
financial audits of insurers; defining terms; providing general
requirements for filing annual audited financial reports; providing for creation of audit committee; requiring financial reports to
include certain items; requiring the designation of an independent
certified public accountant by insurers; providing requirements for
the independent certified public accountants; prohibiting use of
indemnification agreements by independent certified public
accountants performing certain audits; permitting mediation or
arbitration agreements in certain circumstances; requiring audit to
be performed in accordance with generally accepted auditing
standards; requiring independent certified public accountants to
report adverse financial condition of insurers; requiring
independent certified public accountants to report material
weaknesses regarding internal control of insurers; requiring
independent certified public accountants to provide letter of
qualifications; requiring that workpapers of independent certified
public accountants be available for review by Insurance
Commissioner; providing for requirements of audit committee;
requiring certain conduct of insurer regarding preparation of
reports and documents; providing requirements for conducting
financial audits of Canadian and British insurers; requiring report
from insurers regarding internal control over financial reporting;
providing exemptions; and providing effective dates of provisions.
Referred to the Committee on Banking and Insurance.
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. 2771--A Bill to amend and reenact §21-1D-2, §21-1D-4 and §21-1D-8 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto two new sections, designated §21-1D-5a and §21-1D-7b, all
relating to West Virginia Alcohol and Drug-Free Workplace Act;
defining that a contract under this section shall only include
those whose value is over $50,000; defining a pre-employment drug
test; requiring the submission of a sworn statement regarding a
drug-free workplace; providing that workers who comply with that
United States Department of Transportation drug testing guidelines
are not required to submit to additional tests; requiring a report
to public authority who let the contract; and providing criminal
penalties.
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. 2884--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §9-4E-1, §9-4E-2 and §9-4E-3, all relating to Medicaid;
and the development of a public-private long-term care partnership
program.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2958--A Bill to amend and
reenact §61-3B-3 of the Code of West Virginia, 1931, as amended,
relating to increasing the fines for a trespassing conviction
pursuant to certain circumstances.
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. 3011--A Bill to repeal §18-10A-11 of the
Code of West Virginia, 1931, as amended, relating to limitation on
political activity of officers or employees in the administration
of the Vocational Rehabilitation Program.
Referred to the Committee on Government Organization; 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. 3086--A Bill to amend and
reenact §62-11B-7a of the Code of West Virginia, 1931, as amended,
relating to permitting home incarceration supervisors to carry
handguns in the course of their official duties, subject to meeting
certain qualifications; establishing minimum qualifications and
training which must be satisfied as a precondition; exempting home
incarceration employees from having to obtain a concealed handgun
permit, once so qualified, in order to carry a gun in the official
course of his or her duties; and limitations.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 142, Relating to Tourism
Development Act.
Senate Bill No. 431, Providing in-state medical providers
notice of small group health benefit plan.
And,
Senate Bill No. 452, Relating to Public Employees Insurance
Agency underwriting nonstate employer groups.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 172, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to service
credit for accrued and unused sick and annual leave.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 172 (originating in the Committee on the Judiciary)--A Bill
to amend and reenact article 2,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the
various executive or administrative agencies and the procedures
relating thereto; continuing rules previously promulgated by state
agencies and boards; legislative mandate or authorization for the
promulgation of certain legislative rules; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rule with
various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; repealing certain
legislative rule;
authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to general
provisions; authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to benefit determination and
appeal
;
authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Teachers Retirement
System
;
authorizing the Consolidated Public Retirement Board to
promulgate a legislative rule relating to the Public Employees
Retirement System
;
authorizing the Consolidated Public Retirement
Board to promulgate a legislative rule relating to refund,
reinstatement, retroactive service and loan interest factors
;
authorizing the Consolidated Public Retirement Board to promulgate
a legislative rule relating to service credit for accrued and
unused sick and annual leave; authorizing the Consolidated Public Retirement Board to promulgate a legislative rule relating to the
West Virginia State Police; authorizing the Consolidated Public
Retirement Board to promulgate a legislative rule relating to the
Deputy Sheriff Retirement System
;
authorizing the Division of
Personnel to promulgate a legislative rule relating to
reimbursement of compensation paid to state employees for training,
education and professional development
;
authorizing the Department
of Administration to promulgate a legislative rule relating to the
Purchasing Division
;
authorizing the Department of Administration
to promulgate a legislative rule relating to fair market price
determination;
authorizing the Department of Administration to
promulgate a legislative rule relating to statewide contracts
;
authorizing the Department of Administration to promulgate a
legislative rule relating to qualifications for participation
;
authorizing the Department of Administration to promulgate a
legislative rule relating to parking
;
authorizing the Ethics
Commission to promulgate a legislative rule relating to the
purchase, sale or lease of personal property
;
authorizing the
Ethics Commission to promulgate a legislative rule relating to
interest in public contracts
;
authorizing the Ethics Commission to
repeal a legislative rule relating to voting
;
authorizing the
Ethics Commission to promulgate a legislative rule relating to
employment exemptions
;
authorizing the Ethics Commission to
promulgate a legislative rule relating to lobbying
; and
authorizing
the Ethics Commission to promulgate a legislative rule relating to
the filing of verified time records
.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 282 (originating in the
Committee on the Judiciary), Relating to retail liquor licenses'
classification.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 282 (originating
in the Committee on Finance)--A Bill
to amend and reenact §60-3A-2,
§60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60-
3A-10b, §60-3A-11, §60-3A-12 and §60-3A-18 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §60-3A-10d, all relating to the
sale of liquor; classifying retail licenses for the sale of liquor;
setting forth legislative findings; defining certain terms;
authorizing the Alcohol Beverage Control Commissioner to issue
retail licenses for the sale of liquor; establishing certain
standards for the issuance of licenses within market zones;
limiting the issuance of retail licenses to operate mixed retail
liquor outlets; authorizing the commissioner to adopt certain
standards for retail outlets; increasing the maximum percentage of retail licenses a person may own; providing a purchase option for
active retail licensees seeking to operate a freestanding liquor
retail outlet; providing for financing for the purchase of a retail
license for a freestanding liquor retail outlet; authorizing
emergency rules; and permitting the sale of liquor on election day.
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
Com. Sub. for Senate Bill No. 442 (originating in the
Committee on Government Organization), Requiring State Auditor
perform delinquent land sales paper processing responsibilities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 442 (originating
in the Committee on Finance)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §11A-3-5a and §11A-3-5b; and to amend and reenact
§11A-3-6, §11A-3-8, §11A-3-9, §11A-3-11, §11A-3-14, §11A-3-15,
§11A-3-16, §11A-3-18, §11A-3-19, §11A-3-20, §11A-3-21, §11A-3-22,
§11A-3-23, §11A-3-24, §11A-3-25, §11A-3-26, §11A-3-27, §11A-3-28,
§11A-3-30, §11A-3-31 and §11A-3-32 of said code, all relating to delinquent land sales by the sheriff; authorizing the State Auditor
to perform certain duties for delinquent land sales by sheriff
instead of the clerk of the county commission; raising fees;
effective date; and allowing counties to retain duties for
delinquent land sales by sheriff.
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. 484, Relating to ad valorem property taxes.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 484 (originating in the
Committee on Finance)--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 eleven 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, §11-3-25a and §11-3-32;
and to amend said code by adding thereto a new article, designated
§11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11-6J-6 and
§11-6J-7, all relating to taxation of real and personal property
for ad valorem property tax purposes; 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 forfeiture penalties
for failure to file required property tax reports and returns;
clarifying report and return filing requirements and accelerating
due dates of such reports and returns in order to provide property
owners with greater due process; requiring assessors to notify
owners of commercial business personal property of increases in
assessed values for current assessment year by specified date;
providing procedures for property owners to protest notices of
assessed valuation and obtain appropriate adjustments from county
assessors; appeal of protested assessments to county board of
equalization and review and circuit court; protest of
classification or taxability to Tax Commissioner; specifying
effective dates; providing methods for assessment of industrial
property and natural resources property; time and basis for
assessments; providing definitions; specifying form and manner of
making returns; penalties for failure to file; tentative appraisals
by Tax Commissioner and notification to taxpayers; providing
procedures for informal review of tentative appraisals; making of
final appraisals; transmitting to assessors; appeals; and
specifying effective dates.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 507, Relating to Clean Coal Technology
Council's powers and duties.
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 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 Government Organization.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Com. Sub. for Senate Bill No. 532 (originating in the
Committee on Banking and Insurance), Creating WV SAFE Mortgage
Licensing Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 532 (originating in the Committee on Government Organization)--A Bill
to amend and
reenact §31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7,
§31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4,
§31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10,
§31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15,
§31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and
to amend and reenact §46A-4-102 of said code, all relating to the
Division of Banking's participation in the Nationwide Mortgage
Licensing System and Registry; complying with the SAFE Mortgage
Licensing Act; amending and creating definitions; exempting
federally insured depository institutions from broker licensing;
allowing the Division of Banking to participate in the Nationwide
Mortgage Licensing System and Registry; permitting the Nationwide
Mortgage Licensing System and Registry to process background and
credit checks on behalf of the Commissioner of Banking; creating a
tiered bond structure for licensed lenders and brokers; reducing
the license processing time for lenders and brokers; requiring a
new application for certain changes in control of mortgage
licensees; clarifying the fee for licensee office relocation;
synchronizing the mortgage annual report requirement with the
Nationwide Mortgage Licensing System and Registry; outlining the
purpose of the West Virginia SAFE Mortgage Licensing Act; defining
terms associated with the SAFE Mortgage Licensing Act; requiring
licensing and registration of mortgage loan originators; creating an application procedure for mortgage loan originators with minimum
standards; requiring prelicensure education of mortgage loan
originators; implementing a prelicensure testing requirement for
mortgage loan originators; explaining standards for mortgage loan
originator license renewal; clarifying annual continuing education
requirements for mortgage loan originators; granting the
commissioner authority to require mortgage loan originator
licensing through the Nationwide Mortgage Licensing System and
Registry; requiring the commissioner to create a challenge process
for the Nationwide Mortgage Licensing System and Registry; creating
enforcement authority for mortgage loan originators; defining
violations and penalties of the SAFE Mortgage Licensing Act;
requiring a surety bond to cover licensed mortgage loan originators
that is tied to the amount of mortgage originations by each lender,
broker or regulated consumer lender licensee; creating
confidentiality provisions; granting investigation and examination
authority to the Commissioner of Banking for violations of the SAFE
Mortgage Licensing Act; outlining prohibited acts and practices for
mortgage loan originators; requiring the Commissioner of Banking to
report to the Nationwide Mortgage Licensing System and Registry;
clarifying the use of unique identifiers; creating a severability
section; defining effective dates; requiring the licensure of
mortgage loan originators employed by licensed regulated consumer
lenders; and implementing a bond requirement for regulated consumer
lenders that originate mortgage loans.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 534, Authorizing Chief Technology Officer
obtain certain confidential information.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 534 (originating in the
Committee on Government Organization)--
A Bill to amend and reenact
§5A-6-8 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §5A-7-11 of said code, all relating to the Chief
Technology Officer; exempting the State Police from providing
information to the Chief Technology Officer; authorizing the Chief
Technology Officer to receive confidential records and have access
to a state agency's database containing confidential information;
requiring the information be safeguarded; and penalties.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 534) 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 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. 537, Relating to workers' compensation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 537 (originating in the
Committee on the Judiciary)--A Bill
to repeal §23-5-17 and §23-5-18
of the Code of West Virginia, 1931, as amended; to amend and
reenact §23-2-1d of said code; to amend and reenact §23-2A-1 of
said code; to amend and reenact §23-2C-8, §23-2C-15, §23-2C-17 and
§23-2C-21 of said code; to amend and reenact §23-4-1c, §23-4-6b,
§23-4-8c and §23-4-15b of said code; to amend said code by adding
thereto a new section, designated §23-4-8d; to amend and reenact
§23-5-1, §23-5-3 and §23-5-16 of said code; and to amend and
reenact §33-2-22 of said code, all relating to workers'
compensation; eliminating obsolete sunset provisions; redefining
the responsibility of prime contractors to injured employees of
their subcontractors; clarifying subrogation rights with respect to employees injured by third parties; allowing subrogation for
indemnity and medical benefits for certain claims arising or
accruing on or after January 1, 2006; authorizing negotiation of
amount to accept as subrogation; authorizing deduction from
subrogation reasonable attorney fees for claims that arose, in
whole or in part, prior to effective date of this act and all
claims thereafter; providing for a unitary decision-making process
in claims involving the Uninsured Employers Fund; changing date on
which governmental bodies may purchase workers' compensation
insurance in the private market; awarding attorney fees and costs
if workers' compensation temporary disability benefits claim is
unreasonably denied; extending the scope of permissible remedies to
include those in the general insurance code; permitting the
recovery of administrative costs in certain actions; authorizing
expedited review by the Office of Judges when a request to reopen
temporary total benefits is denied; eliminating mandatory
allocation in hearing loss claims; providing that claims for
medical benefits in occupational pneumoconiosis claims may be made
at any time; clarifying that a sixty-day period applies to various
protests; extending the jurisdiction of the Office of Judges to
hear certain protests; clarifying permissible method of delivering
payment of benefits; authorizing award of attorney fees in medical
benefits claims; clarifying licensing requirements for third-party
administrators; mandating conditional payments in certain
instances; authorizing the Insurance Commissioner to compromise and
settle claims for moneys due the Old Fund and Uninsured Employers Fund; and requiring report to Legislature regarding settlements.
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. 537) 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 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. 561, Requiring county land surveyors be
licensed.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 561 (originating in the
Committee on Government Organization)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §7-2-8; and to amend and reenact §30-13A-36 of said
code, all relating to surveyors; and requiring each county surveyor of lands to be a licensed surveyor after a date certain.
And,
Senate Bill No. 649, Increasing Capitol Building Commission
membership.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 649 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§4-8-1 of the Code of West Virginia, 1931, as amended, relating to
adding members to the Capitol Building Commission.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 610, Relating to Film Industry Investment Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 613, Clarifying coalbed methane notice
requirements.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 613 (originating in the
Committee on Energy, Industry and Mining)--A Bill
to amend and
reenact §22-21-6, §22-21-15, §22-21-16 and §22-21-17 of the Code of
West Virginia, 1931, as amended, all relating to clarifying notice
requirements; requiring the promulgation of rules associated
therewith; making technical clarifications; and penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Mike Green,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 639, Relating to Public Records Management and
Preservation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 639 (originating in the
Committee on Government Organization)--A Bill to repeal §5A-8-6 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §5A-8-15 of said code, relating to public records
management and preservation; removing references to disposing of
records by means other than destroying the records; requiring a
minimum allocation of funds in the Public Records and Preservation
Revenue Account for grants to counties for records management,
access and preservation purposes; terminating the Records
Management and Preservation Advisory Committee; and transferring
functions of the Advisory Committee to the Records Management and
Preservation Board.
Senate Bill No. 693, Authorizing processing fee to be used for
Secretary of State's technology projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 693 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§59-1-2 of the Code of West Virginia, 1931, as amended, relating to
the collection and expenditure of fees by the West Virginia
Secretary of State's office and improvements to the technology
infrastructure within the Secretary of State's office.
And,
Senate Bill No. 702, Changing workers' compensation purchase
date deadline for governmental entities.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 702 (originating in the Committee on Government Organization)--A Bill
to amend and reenact
§23-2C-15 of the Code of West Virginia, 1931, as amended, relating
to workers' compensation insurance; changing the date state and
local governmental entities are required to purchase workers'
compensation insurance through West Virginia Mutual Insurance
Company; and exception.
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 Bowman, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 639, 693 and 702)
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 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. 666, Relating to community enhancement
districts.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 666) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 695, Relating to payment for certain state
employees' unused sick leave.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 695 (originating in the
Committee on Finance)--A Bill to amend and reenact §5-5-6 of the
Code of West Virginia, 1931, as amended, relating to payment for
unused sick leave; limiting employees to a lifetime payment of
$25,000; providing caps on the amount the daily rate of pay is
calculated by; providing that payment may be made upon application
and verification that the employee is eligible for payment; and
provisions to be applied retroactively.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 719, Allowing certain police officers keep
weapon after retirement.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 753, Relating to land development ordinances.
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 Government Organization.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Bowman, as chair of the Committee on Government Organization, unanimous consent was granted to dispense
with the second committee reference of the bill contained in the
foregoing report from the Committee on Economic Development.
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. 755, Creating WV Twenty-First Century Tax
Credit Act.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being
granted, the bill (S. B. No. 755) 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.
The Senate proceeded to the sixth order of business.
Senators Caruth and Deem offered the following resolution:
Senate Concurrent Resolution No. 47--
Requesting the Joint
Committee on Government and Finance study the economic impact of
state and federal prevailing wage laws in West Virginia.
Whereas, The Legislature desires to provide the citizens of
this state with a sustainable working wage while maximizing the
economic and financial returns from state expenditures; and
Whereas, A need exists
to analyze the benefits and costs
associated with the mandates of various prevailing wage laws,
including the prevailing wage laws of this state, as well as
federal laws such as the Davis-Bacon Act; and
Whereas, The Legislature needs to examine the effect of these
laws on development opportunities, taxpayer spending and potential
taxpayer savings; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the economic impact of state and federal
prevailing wage laws in West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
Which, under the rules, lies over one day.
Senators White, Laird, Edgell, Plymale, Unger, Kessler,
Stollings, Wells and Williams offered the following resolution:
Senate Resolution No. 44--Memorializing Nicholas County
firefighters Johnnie Hammons and Timothy Nicholas, who were killed
in the line of duty.
Whereas, Firefighting is a dangerous profession that takes the
lives of nearly 100 firefighters nationally each year; and
Whereas, Despite the meticulous training received by our
fighters, dangerous situations often arise that trap them in
structures and in forest fires; and
Whereas, On February 20, 2009, Lieutenant Johnnie Hammons and
Firefighter Timothy Nicholas of the Craigsville Volunteer Fire
Department responded to a mobile home fire on Route 20 near
Craigsville; and
Whereas, It appears there was a roof collapse, trapping
Lieutenant Hammons and Firefighter Nicholas inside; and
Whereas, Sadly, Lieutenant Johnnie Hammons and Firefighter
Timothy Nicholas perished in the blaze; and
Whereas, Their passing not only brought to mind the dangerous
profession of firefighting, but also the dedication and commitment
to community service of volunteer firefighters; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes Nicholas County
firefighters Johnnie Hammons and Timothy Nicholas, who were killed
in the line of duty; and, be it
Further Resolved, That the Senate commends all firefighters
who place themselves in harm's way for the safety and welfare of
our communities in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the families of Lieutenant Johnnie
Hammons and Firefighter Timothy Nicholas.
At the request of Senator White, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Senators
Williams, Palumbo, Oliverio, Plymale, Minard, McCabe
,
Edgell and Stollings offered the following resolution:
Senate Resolution No. 45--Designating March 26, 2009, as "West
Virginia Home School Day".
Whereas, The State of West Virginia is committed to excellence
in education; and
Whereas, The State of West Virginia recognizes that parental
involvement and individualized attention to educational success are
unique and basic components of home schooling; and
Whereas, Home-schooled students exhibit self-confidence and
good citizenship and are prepared academically to meet the
challenges of today's society; and
Whereas, Contemporary studies continue to confirm that
children who are educated at home score exceptionally well on
national achievement tests and score above the national average on
SAT and ACT tests; and
Whereas, Home-schooled students have shown to be competitive
at the college level with publicly and privately schooled students;
therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 26, 2009, as "West
Virginia Home School Day"; and, be it
Further Resolved, That the Senate recognizes students,
teachers and families involved with home schooling in West Virginia
for their dedication to excellence in education; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Home Educators
Association and the Christian Home Educators of West Virginia.
At the request of Senator Williams, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Foster, Stollings, Yost, Edgell and Unger offered the
following resolution:
Senate Resolution No. 46--
Recognizing May as "Lyme Disease
Awareness Month".
Whereas, The health and well-being of the citizens of West
Virginia is of the utmost importance; and
Whereas, With approximately 20,000 new cases reported each
year, Lyme disease is the most common vector-borne disease in the
United States. Caused by the spirochete Borrelia Burgdorferi, Lyme
disease is usually transmitted by the bite of an infected tick; and
Whereas, According to the Centers for Disease Control and Prevention, Lyme disease continues to be a rapidly emerging
infectious disease and is the leading cause of all insect-borne
illness in the United States; and
Whereas, In recent years, there has been an increased
incidence of Lyme disease in West Virginia; and
Whereas, All West Virginians are encouraged to increase their
education and awareness of the risks associated with Lyme disease
in order to "Be Tick Free" and are reminded to take protective
measures while in tick habitats and on returning from such
habitats. Caution must be used in wooded or overgrown grassy areas
by dressing in long pants and long-sleeved shirts, wearing
light-colored clothing to spot ticks more easily, doing a complete
body check at the end of the day, removing attached ticks promptly
and considering the use of insect repellent; and
Whereas, Lyme disease can cause early symptoms such as a rash
or flu-like symptoms, such as fever, muscle aches, headaches and
fatigue; and
Whereas, If untreated, the disease can cause serious health
complications for individuals who suffer from it, including
musculoskeletal, neurological and cardiac problems; therefore, be
it
Resolved by the Senate:
That the Month of May is designated as "Lyme Disease Awareness
Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the Bureau for Public Health, Division of Health Promotion.
At the request of Senator Foster, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
At the request of Senator Prezioso, unanimous consent being
granted, Senator Prezioso offered the following resolution from the
floor:
Senate Resolution No. 47--
Congratulating the North Marion
girls' basketball team for winning the 2009 Class AAA state
championship.
Whereas, The 2009 North Marion girls' basketball team consists
of players Tiffany Nicholson, Jessica Parsons, Kaitlyn Antolock,
Brittany Hall, Kelsi Wright, Mariah Byard, Hailey Garrett,
Gabrielle Webber, Alexis Steele, MacKenzie Mullenax, Tannay Daniels
and Courtney Swiger; and
Whereas, The North Marion girls' basketball team is led by
head coach Mike Parrish; and
Whereas, The North Marion girls' basketball team had a
dominant year, finishing with a record of 26-1 in route to winning
the AAA state championship; and
Whereas, The North Marion girls' basketball team displayed its
strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia
girls' basketball history; and
Whereas, The North Marion girls' basketball team is a shining
example of what can be accomplished through teamwork, dedication
and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the North Marion girls'
basketball team for winning the 2009 Class AAA state championship;
and, be it
Further Resolved, That the Senate commends each coach, team
member and staff member for their outstanding accomplishments; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the North Marion girls' basketball
team.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 23, Requesting
Division of Veterans Affairs name state veterans cemetery in
Kanawha County "The Donel Kinnard Veterans Cemetery".
On unfinished business, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
Senate Concurrent Resolution No. 42, Requesting Division of
Highways name highway in Man "Buffalo Creek Memorial Highway".
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. 43, Requesting Division of
Highways name bridge in Grafton "Bearcat 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. 44, Requesting Division of
Highways name Route 3 in Racine "Barry Lutsy Memorial Highway".
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. 45, Requesting Joint
Committee on Government and Finance study fiscal impact of certain
fines' proceeds going to county governments.
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. 46, Requesting Division of Highways name bridge in Braxton County "Harold V. Long Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 153, Authorizing Department
of Environmental Protection 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: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--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. 153) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--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. 153) 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. 425, Disclosing certain refinanced loan's
higher annual percentage rate.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--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. 425) 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. 436, Updating terminology relating to
surface mining reporting requirements.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--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. 436) 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. 648, Requiring manual vote counting in
certain counties.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Senate Bill No. 648 pass?"
On the passage of the bill, the yeas were: Bowman, Browning,
Edgell, D. Facemire, Green, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Plymale, Prezioso, Snyder, Stollings, Sypolt, White, Williams, Yost and Tomblin (Mr. President)--20.
The nays were: Barnes, Boley, Caruth, Chafin, Deem, Fanning,
Foster, Hall, Helmick, Palumbo, Unger and Wells--12.
Absent: K. Facemyer and Guills--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. 648) 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. 650, Increasing penalties
for certain accessory after the fact crimes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--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. 650) 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. 55, Limiting Social Security
number requirement in securing state services.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 195, Authorizing Department of
Health and Human Resources promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 299, Relating to Infrastructure
Fund projects.
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. 333, Basing school nurse ratio
on total net enrollment.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 336, Changing failure to wear seatbelt to
primary offense.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 473, Clarifying civil service job posting
provisions.
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. 694, Creating intrastate mutual
aid system.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Eng. Com. Sub. for House Bill No. 2795, Creating a special
hunting and fishing license for persons with a life-threatening
condition who are under twenty-one years of age.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Natural Resources, was reported by the Clerk and adopted:
On page three, section forty-six-f, by striking out all of
subsection (e) and inserting in lieu thereof the following:
(e) The director shall provide licenses to nonresidents at no
charge who:
(1) Meet the requirements of subsections (b) and (c) of this
section; and
(2) Are recommended by qualifying nonprofit organizations who
offer hunting and fishing experiences.
(f) The director shall propose rules for legislative approval
in accordance with the provisions of article three, chapter
twenty-nine-a of this code setting forth the qualifications of
applicants and nonprofit organizations and the licensing process.
The bill (Eng. Com. Sub. for H. B. No. 2795), as amended, was then ordered to 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. 15, Limiting certain parks and
recreation entities' liability.
Com. Sub. for Senate Bill No. 56, Awarding National Board for
Professional Teaching Standards salary bonus to certain teachers.
Com. Sub. for Com. Sub. for Senate Bill No. 286, Expanding
prepaid limited health service organizations services.
Com. Sub. for Senate Bill No. 419, Creating Healthy Lifestyles
Restaurant Calorie Posting Program.
Senate Bill No. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
Com. Sub. for Senate Bill No. 461, Extending selenium effluent
limits compliance time.
Com. Sub. for Com. Sub. for Senate Bill No. 470, Regulating
all-terrain vehicles on Hatfield-McCoy Trail.
Senate Bill No. 483, Creating Caregivers Consent Act.
Senate Bill No. 490, Authorizing Mercer County Commission
appoint emergency operations center board.
Senate Bill No. 495, Authorizing Insurance Commissioner permit
certain groups life insurance policies.
Senate Bill No. 515, Creating Uniform Adult Guardianship and
Protective Proceedings Jurisdiction Act.
Senate Bill No. 519, Authorizing Governor institute employee furlough program.
Com. Sub. for Senate Bill No. 533, Updating terms in consumers
sales and service tax.
Com. Sub. for Senate Bill No. 554, Requiring sex offender
registry fee.
Com. Sub. for Senate Bill No. 573, Continuing Pharmaceutical
Cost Management Council as advisory council.
Com. Sub. for Com. Sub. for Senate Bill No. 575, Relating to
gaming operations at historic resort hotel.
Senate Bill No. 595, Relating to assignment of child support
obligations.
Com. Sub. for Senate Bill No. 612, Relating to willful
nonpayment of child support.
Senate Bill No. 632, Requiring insurers share certain
information with Bureau for Medical Services.
Senate Bill No. 636, Finding and declaring certain claims
against state.
And,
Senate Bill No. 760, Authorizing Supreme Court to develop
pilot pre-trial release programs.
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 Plymale, Chafin and Barnes.
Thereafter, at the request of Senator Helmick, and by
unanimous consent, the remarks by Senators Chafin and Barnes were ordered printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned 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. 3158--A Bill to amend and
reenact §8-13C-1, §8-13C-2, §8-13C-3, §8-13C-4, §8-13C-5, §8-13C-9,
§8-13C-11 and §8-13C-14 of the Code of West Virginia, 1931, as
amended; to amend said code by adding thereto a new section,
designated §8-13C-15; to amend and reenact §8-15-8a and §8-15-8b of
said code; to amend said code by adding thereto two new sections,
designated §8-15-8d and §8-15-8e; to amend and reenact §8-22-16,
§8-22-17, §8-22-19, §8-22-20, §8-22-20a, §8-22-22, §8-22-22a,
§8-22-23a, §8-22-26a and §8-22-27 of said code; to amend said code
by adding thereto two new sections, designated §8-22-18a and §8-22-
18b; to amend said code by adding thereto a new section, designated
§11-21-12i; to amend and reenact §12-4-14 of said code; to amend
said code by adding thereto a new section, designated §33-2-15e; to
amend and reenact §33-3-14d and §33-3-33 of said code; to amend
said code by adding thereto three new sections, designated
§33-3-14e, §33-3-34 and §33-3-35; and to amend and reenact §60-3-17 of said code, all relating to providing assistance to certain
political subdivision activities involving municipal policemen's
and firemen's pensions and relief systems and volunteer fire
departments generally; revising the conditions upon which
municipalities may impose pension relief occupational taxes,
pension relief sales and service and pension relief use taxes, and
may issue bonds, dedicated solely to reducing the unfunded
actuarial accrued liability of the municipality's policemen's and
firemen's pensions and relief funds; modifying requirements for
bonds issued by a municipality to eliminate the unfunded actuarial
accrued liability; creating new West Virginia Municipal Pensions
Matching Fund to which the alcohol beverage control commissioner is
directed to transfer funds; providing for the investment,
allocation and distribution of state funds on a matching fund basis
for the purpose of reducing the unfunded actuarial accrued
liability of policemen's and firemen's pension and relief funds;
establishing eligibility for allocation and distribution of
matching funds; adding requirements for eligibility for allocations
to volunteer fire companies and departments from the Fire
Protection Fund; providing for the disposition of assets and moneys
derived from allocations from the Fire Protection Fund upon the
sale of the assets by a volunteer fire company or department or the
withdrawal of its certification; requiring sworn statements of
expenditures or reports from volunteer fire companies and
departments receiving allocations from the Fire Protection Fund to
be filed with the Legislative Auditor; providing for disposition of funds withheld from distribution for failure to file the statements
or reports; establishing criminal penalties; establishing
eligibility criteria for volunteer fire companies and departments
to receive funds allocated from the Volunteer Firefighters Length
of Service Awards Program Fund; revising calculation of overtime
for compensation and average adjusted salary for new employees who
are members of municipal policemen's and firemen's pensions and
relief systems; requiring additional duties of municipal
policemen's and firemen's pensions and relief fund trustees;
establishing the West Virginia Municipal Pensions Oversight Board;
specifying powers, duties, liabilities and compensation of
oversight board members; requiring reporting on local pension
funds' investment returns; creating the West Virginia Municipal
Pensions Security Fund; transferring certain duties from the State
Treasurer to the oversight board and providing for efficient
transition; requiring municipal contributions on a monthly basis;
requiring deposits of certain revenues within five days of receipt;
increasing employee contributions to the pension and relief funds
for new employees to nine and one-half percent of salary and for
current members to eight and one-half percent of salary; requiring
the increased contributions as a condition of eligibility to
receive certain insurance premium tax revenues; reducing time to
qualify for insurance premium tax revenues allocation; providing
for annual actuarial report, for periodic review of the actuarial
process and for periodic actuarial audit; setting minimum standards
for annual municipality contributions to pension funds; establishing target funding ratios of eighty, ninety and one
hundred percent of unfunded liabilities; establishing amortization
periods; eliminating alternative funding method; providing for
contract actuary; establishing actuarial process; requiring
reports; authorizing local pension boards of trustees to investment
with the state Investment Management Board and Board of Treasury
Investments; requiring compliance with the Uniform Prudent Investor
Act; revising restrictions and conditions of authorized investments
by municipal trustees; requiring reporting of municipal trustees'
investment policy; requiring reporting of fees and transactions
costs; providing for disability examinations; requiring completion
of investigation of charge and any implementation of disciplinary
action by board of trustees prior to consideration of disability
retirement; authorizing light-duty work at discretion of the
municipality and the employee; revising calculation of and
requirements for supplemental benefits; providing for reinstatement
to employment and payments of assessments for those returning from
military service; establishing deduction of insurance premium
surcharges assessed for volunteer fire companies and departments
for state personal income tax purposes; requiring study of casualty
and surety insurance by insurance commissioner; repeal of current
fire and casualty insurance additional premium tax provisions;
continuation and increase of fire and casualty insurance additional
premium tax solely for municipality's policemen's and firemen's
pensions and relief system and reallocation of the tax collections;
providing amortization schedule for plans with funding level of at least one hundred ten percent; repeal of current fire and casualty
insurance premium surcharge provisions; continuation of fire and
casualty insurance premium surcharge solely for volunteer fire
companies and departments; civil penalties for failure to collect
the premium surcharge; allocating and distributing the surcharge
collections; creating new Volunteer Firefighters Length of Service
Awards Program Fund to which the alcohol beverage control
commissioner is directed to transfer funds; providing for the
allocation and distribution of state funds to volunteer fire
companies and departments for the purpose of defraying the cost of
participation in length of service awards programs; providing
duties and expense allowance for State Treasurer and State
Insurance Commissioner; imposing requirements for the use of
distributed allocations; and providing disposition of undistributed
portion of the funds.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
The Senate again proceeded to the fourth order of business.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 45, Authorizing Department of Environmental
Protection Secretary to sign National Pollutant Discharge
Elimination System permits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 45 (originating in the Committee
on Energy, Industry and Mining)--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 sign National Pollutant Discharge
Elimination System permits; and correcting antiquated language
throughout.
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,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 45) contained in the
preceding report from the Committee on Energy, Industry and Mining
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. 260, Creating public defender corporations in
certain judicial circuits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 260 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §29-21-3b
and §29-21-8 of the Code of West Virginia, 1931, as amended, all
relating generally to Public Defender Services; requiring the
Indigent Defense Commission to submit a report to the Legislature;
and authorizing the creation of public defender corporations in the
fourth and twenty-sixth judicial circuits.
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,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 260) 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Com. Sub. for Senate Bill No. 327, Relating to mini-trucks registration and operation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 439, Permitting State Police Superintendent
consult with Insurance Commissioner.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 439 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§15-2-10 of the Code of West Virginia, 1931, as amended, relating
to permitting the Superintendent of the State Police to consult
with the Insurance Commissioner instead of the Executive Director
of the Workers' Compensation Commission in order to defray medical
costs; and changing the maximum medical care costs schedule from
that of the Workers' Compensation Commission to the Insurance
Commissioner.
And,
Senate Bill No. 674, Requiring Division of Personnel Director
develop demographic information survey.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 674 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §29-6-29, relating to demographic information of state
officers and employees; requiring the Director of the Division of
Personnel to collect and report the demographic information; and
requirements.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 488, Requiring parental consent for minor
using tanning facility.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 585, Relating to residential solid waste
disposal.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 585 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §22-15-7
of the Code of West Virginia, 1931, as amended, relating to
limiting waste disposed of at a landfill free of charge to five
hundred pounds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 645, Relating to municipalities and counties
issuing bonds.
And,
Senate Bill No. 698, Authorizing certain regional water and
wastewater authorities provide joint maintenance to participating
agencies.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (S. B. Nos. 645 and 698) 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 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. 669, Extending Preventative Care Pilot
Program.
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 Banking and Insurance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Stollings, unanimous consent being
granted, the bill (S. B. No. 669) 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 Banking and Insurance.
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. 672, Creating special Joint Committee on
Mental Health.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 672 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §9-2-
9a, relating generally to mental health; creating Mental Health
Stabilization Act of 2009; making legislative findings; increasing
reimbursement rates in mental health service codes; requiring
periodic reports to the Legislature; and providing an
implementation date and a termination date.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Rules.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Chafin, unanimous consent was
granted to dispense with the second committee reference to the
Committee on Rules of the bill contained in the foregoing report from 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. 678, Creating High-Technology Business
Property Valuation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 678 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §11-6J-1, §11-6J-2, §11-6J-3, §11-6J-4, §11-6J-5, §11-
6J-6 and §11-6J-7; and to amend and reenact §11-15-8d and §11-15-9h
of said code, all relating to taxation; providing mandated salvage
valuation of certain high-technology businesses' property;
specifying short title; providing definition; specifying method for
valuation of property; specifying initial determination by county
assessor; specifying procedure for protest and appeal; specifying
limitations on right to assert exemptions; exempting certain items
installed into building or facility for direct use in specified
business activity; providing definitions; and specifying effective
dates.
And,
Senate Bill No. 706, Creating State Police leave donation
program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 706 (originating in the
Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §15-2-53, relating to the establishment of a leave
donation program for the largest statewide professional law-
enforcement association representing members of the West Virginia
State Police.
With the recommendation that the two committee substitutes do
pass; but under the original double committee references first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, Committee Substitute for Senate Bill No. 678 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.
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. 706 contained in the foregoing report from 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. 718, Allowing certain counties and
municipalities increase proportionate share of lottery table games
receipts.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (S. B. No. 718) 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. 724, Relating to health care provider tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 724 (originating in the Committee on Health and Human Resources)--A Bill to amend and
reenact §11-27-16 of the Code of West Virginia, 1931, as amended,
relating to the health care provider tax; providing a definition of
the term "physicians' services"; and specifying legislative intent
as to activities that qualify as physicians' services.
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 Stollings, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 724) 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 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. 761 (originating in the Committee on the
Judiciary)--A Bill to amend and reenact §61-3-12 of the Code of
West Virginia, 1931, as amended, relating to extending criminal
penalties for prohibited entry upon commercial property enclosed by
a fence or similar physical barrier or upon certain structures used
for utility transmission or distribution.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 762 (originating in the Committee on
Government Organization)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-15-8d, relating to volunteer fire companies and
departments; clarifying benefits to their members may be provided
under a Length of Service Awards Program using funds privately
raised; and providing that the state and its political subdivisions
shall have no ownership or liability over the same Length of
Service Awards Program.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 763 (originating in the Committee on
Government Organization)--A Bill to amend and reenact º19-23-3,
º19-23-13a and º19-23-13b of the Code of West Virginia, 1931, as
amended, all relating to clarifying that registration of certain
thoroughbred race horses is under the authorization and oversight
of the Racing Commission.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made Senator Chafin.
Thereafter, at the request of Senator Plymale, and by
unanimous consent, the remarks by Senator Chafin were ordered
printed in the Appendix to the Journal.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators K. Facemyer and Guills.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 27, 2009, at 11 a.m.
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