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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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