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sdj-44th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FORTY-FOURTH DAY

____________

Charleston, W. Va., Thursday, February 25, 2010

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

Prayer was offered by the Reverend Jerry Losh, Minister to Senior Adults, First Baptist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, February 24, 2010,
On motion of Senator Williams, 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. House Bill No. 3110--A Bill to amend and reenact §20-7-1 of the Code of West Virginia, 1931, as amended, relating to renaming conservation officers to be natural resources police officers.
Referred to the Committee on Natural Resources; and then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4035--A Bill to amend and reenact §11-10-5t and §11-10-5z of the Code of West Virginia, 1931, as amended; to amend and reenact §11-13V-7 of said code; and to amend and reenact §11-21-54 and §11-21-74 of said code, all relating to electronic filing of tax returns and electronic funds transfers in payment of taxes; requiring taxpayers with a tax liability of $10,000 or more to file electronically; requiring electronic filing for certain tax preparers and employers; providing exceptions; and providing a $10,000 tax liability threshold amount to require taxpayers to pay by electronic funds transfers.
Referred 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. House Bill No. 4036--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §3-10-3a, relating to the establishment of the Judicial Vacancy Advisory Commission; providing for commission membership and terms of appointment; requiring written policies and procedures of the commission; establishing a quorum requirement; requiring that certain proceedings of the commission be open to the public; requiring the disclosure of certain documents or materials; exempting certain meetings from the Open Governmental Proceedings Act; and exempting certain documents and materials from the Freedom of Information Act.
Referred to the Committee on the Judiciary; and then to the Committee on Finance.
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. House Bill No. 4037--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §13-4-1 and §13-4-2, all relating generally to federal subsidy bonds and bond financing; defining terms; authorizing certain bond issuers to receive and use credit payments with respect to federal subsidy bonds; and exempting the bonds from taxation.
At the request of Senator Chafin, and by unanimous consent, reference of the bill to a committee was dispensed with, and it was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring a bill to be read on three separate days was suspended by a vote of four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
The bill was read a second time and ordered to third reading.
Having been engrossed, the bill (Eng. H. B. No. 4037) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4037) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. H. B. No. 4037) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
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. 4108--A Bill to amend and reenact article 9, 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; 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 rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the State Board of Examiners for Licensed Practical Nurses to promulgate a legislative rule relating to policies and procedures for development and maintenance of educational programs in practical nursing (10 CSR 1); authorizing the Board of Examiners in Counseling to promulgate legislative rules relating to marriage and family license renewal and continuing professional education (27 CSR 10), licensed professional counselor fees (27 CSR 2), licensed professional counselor license renewal and continuing professional education requirements (27 CSR 3), marriage and family therapists licensing (27 CSR 8), and marriage and family therapists fees (27 CSR 9); authorizing the Board of Medicine to promulgate a legislative rule relating to fees for services rendered by the Board of Medicine including assistance to the Board-designated physician health program for physicians, podiatrists and physician assistants (11 CSR 4); authorizing the Conservation Agency to promulgate a legislative rule relating to the operation of the West Virginia State Conservation Committee and conservation districts (63 CSR 1); authorizing the Commissioner of Agriculture to promulgate legislative rule relating to animal disease control (61 CSR 1), integrated pest management programs in schools and child care centers and facilities (61 CSR 12J, West Virginia shellfish (61 CSR 23B), and best management practices for land application of waste products from aquaculture facilities (61 CSR 27); authorizing the Board of Barbers and Cosmetologists to promulgate legislative rule relating to continuing education (3 CSR 11), qualifications, training, examination and licensure of instructors in barbering and beauty culture (3 CSR 2), licensing schools of barbering and beauty culture (3 CSR 3), operation of barber, beauty shops and schools of barbering and beauty culture (3 CSR 5), schedule of fees (3 CSR 6), and schedule of fines (3 CSR 7); authorizing the Board of Examiners for Speech-Language Pathology and Audiology to promulgate a legislative rule relating to licensure of speech-pathology and audiology (29 CSR 1); authorizing the Real Estate Appraiser Licensing and Certification Board to promulgate legislative rules relating to the requirements for licensure and certification (190 CSR 2) and the renewal of licensure or certification (190 CSR 3); authorizing the Board of Osteopathy to promulgate legislative rules relating to fees for services rendered by the Board (24 CSR 5), licensing procedures for osteopathic physicians (24 CSR 1), and the formation and approval of professional limited liability companies (24 CSR 4); authorizing the Secretary of State to promulgate legislative rules relating to early voting in person satellite precincts (153 CSR 13), Vote-by-mail Pilot Project Phase 1: Class IV Early Voting by Mail (153 CSR 38) and Vote-by-mail Pilot Project Phase 2: Voting by Mail (153 CSR 39); authorizing the Board of Occupational Therapy to promulgate legislative rules relating to the administrative rules of the Board of Occupational Therapy and licensure of occupational therapists and occupational therapy assistants (13 CSR 1), fees for services rendered by the Board (13 CSR 3), continuing education and competence (13 CSR 4), competency standards for advance practice by occupational therapists and occupational therapy assistants (13 CSR 5) and ethical standards of practice (13 CSR 6); authorizing the Board of Psychologists to promulgate a legislative rule relating to the qualifications for licensure as a psychologist or a school psychologist (17 CSR 3); and authorizing the Governor's Office of Health Enhancement and Lifestyle Planning to promulgate a legislative rule relating to prescription drug advertising expense reporting (210 CSR 1).
Referred to the Committee on the Judiciary.
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. 4110--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; 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 rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee and as amended by the Legislature; authorizing the Division of Natural Resources to promulgate legislative rules relating to commercial whitewater outfitters (58 CSR 12), deer hunting (58 CSR 50) and special fishing (58 CSR 61); authorizing the Board of Trustees of the Outdoor Heritage Conservation Fund to promulgate a legislative rule relating to the Outdoor Heritage Conservation Fund (205 CSR 1); authorizing the Division of Tourism to promulgate a legislative rule relating to direct advertising grants program (144 CSR 1); authorizing the Hatfield-McCoy Regional Recreation Authority to promulgate a legislative rule relating to use of facilities (204 CSR 1); and authorizing the Division of Energy to promulgate a legislative rule relating to community development assessment and real property valuation procedures for the Office of Coalfield Community Development (207 CSR 1).
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. 4188--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3 and §61-13-4, all relating to creating the Anti-Criminal Street Gang Act; setting forth prohibited acts and activities in association with or in furtherance of a criminal street gang; prohibiting the participation in a criminal street gang; prohibiting the recruitment of persons for criminal street gangs; prohibiting the hazing of criminal street gang members or those seeking to become members; prohibiting the damage to property in association with or in furtherance of a criminal street gang; prohibiting the use of force or the threat of force to further the interests of a criminal street gang; exempting certain protected activities; defining terms; and establishing criminal penalties.
Referred to the Committee on the Judiciary; 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. 4292--A Bill to amend and reenact §50-1-4 of the Code of West Virginia, 1931, as amended, relating to requirements to serve as a magistrate; requiring a bachelor degree or two years of experience to serve as a magistrate; authorizing the Supreme Court Administrator to dismiss magistrates from annual training; and deleting antiquated provisions.
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. 4312--A Bill to amend and reenact §11-10- 18 of the Code of West Virginia, 1931, as amended, specifying the required addition to tax to be paid if the failure to timely file the required return of a tax administered by the West Virginia Tax Commissioner is for not more than one month from the date the return is due.
Referred to the Committee on Finance.
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. House Bill No. 4327--A Bill to amend and reenact §30-27-6 and §30-27-9 of the Code of West Virginia, 1931, as amended, all relating to the practice of beauty care; requiring the board to establish a barber's apprentice program; and permitting the board to license an applicant from another jurisdiction who has completed an apprenticeship program.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4335--A Bill to amend and reenact §11-12-5 of the Code of West Virginia, 1931, as amended, relating to the business registration tax, specifying that the business registration tax and business registration certificate are subject to the exemptions, exceptions and requirements set forth in §11-12-3, specifying that the tax is imposed for each and every issuance, reissuance or reinstatement of a business registration certificate.
Referred 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. 4352--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-2-15, relating to the establishment of a Business Court Division within West Virginia's circuit court districts by the West Virginia Supreme Court of Appeals; legislative findings; authorizing the designation of Business Court Divisions within certain circuit court districts; providing for the promulgation of appropriate rules of the Court.
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. 4457--A Bill to amend and reenact §29-1-8a of the Code of West Virginia,1931, as amended; to amend and reenact §37-13A-1, §37-13A-2 and §37-13A-5 of said code; to amend said code by adding a new section, designated §37-13A-7; and to amend and reenact §61-8-14 of said code, all relating to the access to and protection of cemeteries; clarifying procedures for protection of graves and burial sites; clarifying requirements and procedures for access to cemeteries and grave sites located on private land; clarifying conduct subject to criminal sanctions as it relates to the crime of disinterment of a dead body or damage to a cemetery.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2010, and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4593--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-8-6; to amend and reenact §18-8-1, §18-8-1a and §18- 8-4 of said code; to amend and reenact §18-9A-3a and §18-9A-21 of said code; and to amend and reenact §62-15-4 of said code, all relating to relating to improving student participation, success and high school graduation rates; increasing the minimum age for ending compulsory school attendance; reducing the number of days of unexcused absences at which proceedings to enforce attendance begin; establishing the "High School Graduation Improvement Act"; establishing legislative findings and intent; requiring county board of education plan for improving student retention and increasing graduation rate; requiring state board of education to develop, expand and assist certain programs; increasing funding for alternative education programs; and authorizing establishment of additional juvenile drug courts.
Referred to the Committee on Education; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 10--Requesting the Division of Highways name the section of U.S. Route 119 that runs through Lincoln County the "Sgt. Justin Alan Thompson Memorial Highway".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 57--Requesting the Joint Committee on Government and Finance to conduct a study on improving the efficiency, focus and fairness of the system for holding schools and school systems accountable for preparing students for college and work in the 21st Century economy.
Referred to the Committee on Education; and then to the Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 58--Expressing the sense of the Legislature that designating the annual observance of the week following the Labor Day Holiday as Labor History Week for the State of West Virginia will increase the awareness and understanding of labor history and the contributions of workers to the state, nation and world.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 64--Requesting the Division of Highways to name the new bridge located off Route 33 on Parrish Hill Road, Jackson County, specifically bridge number 18-5/18-1.07, the "Delmar L. Parrish Bridge".
Referred to the Committee on Transportation and Infrastructure.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the Senate in the adoption of
House Concurrent Resolution No. 65--Requesting the Division of Highways to name the 1.4 mile stretch of road off the I-79 Exit at Amma, Roane County, West Virginia, the "Sloan Brother's Highway".
Referred to the Committee on Transportation and Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 4 (originating in the Committee on Transportation and Infrastructure), Relating to special license plates.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 4 (originating in the Committee on Finance)--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to motor vehicle registration generally; providing for the issuance of a special CAMC Women and Children's Hospital license plate; providing for the issuance of special registration plates for registered nurses and licensed practical nurses; providing for the issuance of special registration plates for War on Terrorism Service Medal and the War on Terrorism Service Medal logo; providing for the issuance of a special registration plate bearing the inscription "In God We Trust"; providing for the issuance of a special Friends of Coal license plate; providing for the issuance of a special Bethany College license plate; providing for the issuance of a special Coal Miner license plate; providing for the issuance of special Class G motorcycle registration plates to members of volunteer fire departments; and assessing a special initial application fee and a special annual fee therefor.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 51, Relating to child custody plans for National Guard or military reserve parents.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 169, Relating to Economic Development Authority loans' criteria.
Senate Bill No. 510, Extending DNR license and stamp fees sunset provision.
And,
Senate Bill No. 527, Requiring State Rail Authority establish transportation and local rail service plan.
And reports the same back with the recommendation that they each 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. 185, Creating WV Commercial Patent Incentives Tax Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 185 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11- 13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11- 13AA-12 and §11-13AA-13, all relating generally to allowing tax incentives when computing business franchise and West Virginia income tax liabilities, corporate or personal, as the case may be, for profits attributed to the use of patents directly used in a manufacturing process or product developed in this state or for royalties generated from patents directly used in a manufacturing process or product developed in this state; providing short title, legislative findings and purpose; defining certain terms; specifying terms, conditions and rules for taking of tax credits; providing for forfeiture of unused credit after period of years; allowing Tax Commissioner to prescribe rules; requiring periodic reports by Tax Commissioner on cost and effect of tax incentives; providing rule of construction; providing effective date; and specifying termination date.
With the recommendation that the 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. 235, Relating to Creative Communities Development Pilot Program.
With amendments from the Committee on Economic Development pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Economic Development to which the bill was first referred.
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. 238, Relating to mineral rights' benefits.
Senate Bill No. 331, Clarifying certain PERS and teachers' disability retirement qualifications.
Com. Sub. for Senate Bill No. 458, Distributing minimum share of severance tax to coalbed methane-producing counties.
And,
Senate Bill No. 519, Extending Social Security benefits to Municipal Police Officers and Firefighters Retirement System members.
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. 291, Authorizing Commissioner of Highways promulgate legislative rule relating to use of state road rights-of-way and adjacent areas.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 291 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 8, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the Department of Transportation; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; 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 rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial, suspension, revocation, restriction or nonrenewal of driving privileges; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the collection of tax on the sale of a motor vehicle; authorizing the Commissioner of Highways to promulgate a legislative rule relating to the use of state road rights-of-way and adjacent areas; and authorizing the Commissioner of Highways to promulgate a legislative rule relating to the transportation of hazardous wastes upon the roads and highways.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 324 (originating in the Committee on Education), Establishing tax credit for repayment of certain student loans.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 324 (originating in the Committee on Finance)--A Bill to amend and reenact §11-21-12 of the Code of West Virginia, 1931, as amended, relating to establishing a modification reducing federal adjusted gross income for recent graduates of higher education institutions; and providing for the promulgation of rules by the Tax Commissioner for such purpose.
With the recommendation that the committee substitute for committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 365 (originating in the Committee on Health and Human Resources), Requiring pharmacies provide personnel online access to controlled substances database.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 365 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §60A-9-5 of the Code of West Virginia, 1931, as amended, relating to updating the means of accessing the West Virginia Controlled Substances Monitoring Program database; requiring all prescribers or dispensers of Schedule II, III or IV controlled substances to have online access to the West Virginia Controlled Substances Monitoring Program database; authorizing persons or entities with access to the database to delegate access to database to others; limiting liability practitioners for good faith reliance on database; authorizing the Office of the Chief Medical Examiner access to the database; clarifying that practitioners have no duty to access database; authorizing rules for delegation of access; and rulemaking.
With the recommendation that the committee substitute for 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. 427, Renaming and reorganizing Parkways, Economic Development and Tourism Authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 427 (originating in the Committee on Government Organization)--A Bill to amend and reenact §17-16A-3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A- 13a, §17-16A-19, §17-16A-26 and §17-16A-29 of the Code of West Virginia, 1931, as amended, all relating to the West Virginia Parkways, Economic Development and Tourism Authority; renaming the West Virginia Parkways, Economic Development and Tourism Authority; reorganizing the membership of the authority; redefining terms; authorizing issuance of revenue bonds for parkway projects; prohibiting the authority from constructing new tourism projects or new economic development projects; clarifying certain powers of the authority relating to parkway projects, tourism projects and economic development projects; clarifying certain powers of the Department of Transportation with respect to parkway projects; clarifying the power of the authority to reimburse the Department of Transportation for costs associated with parkway projects; clarifying certain powers of the authority with respect to real and personal property; clarifying the powers of the authority to fix and revise tolls for transit over certain parkway projects; requiring notice and public hearings prior to fixing initial rates or tolls on parkway projects; requiring an annual legislative audit of the Parkways Authority; requiring the Parkways Authority to provide certain information; and requiring a discount program for purchasers of EZ Pass transponders prior to fixing initial rates or tolls on parkway projects.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 427) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator 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. 478, Relating to Purchasing Division functions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 478 (originating in the Committee on Government Organization)--A Bill to repeal §5A-3-14, §5A-3-21, §5A-3-22, §5A-3-23, §5A-3-24, §5A-3-25, §5A-3-26, §5A-3- 37a, §5A-3-42, §5A-3-54, §5A-3-55 and §5A-3-55a of the Code of West Virginia, 1931, as amended; and to amend and reenact §5A-3-1, §5A- 3-2, §5A-3-3, §5A-3-4, §5A-3-10, §5A-3-10b, §5A-3-11, §5A-3-11a, §5A-3-11c, §5A-3-12, §5A-3-15, §5A-3-18, §5A-3-19, §5A-3-35, §5A-3- 36, §5A-3-37 and §5A-3-45 of said code, all relating to the functions of the purchasing director; procurement process; documentation of inventory; and transportation of surplus property.
And,
Senate Bill No. 596, Exempting Adjutant General and National Guard from certain leasing and accounting requirements.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 596 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-10-2 and §5A-10-9 of the Code of West Virginia, 1931, as amended, all relating to exempting the Adjutant General and the West Virginia National Guard from state leasing and accounting requirements.
With the recommendation that the two committee substitutes 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. 488, Authorizing Marketing and Communications Office promote and sell state-related items.
And reports the same back with the recommendation that it 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
Com. Sub. for Senate Bill No. 489, Determining status of recycling goals.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 493 (originating in the Committee on Economic Development), Creating Twenty-First Century Business Technologies Property Valuation Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 493 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11- 6K-6 and §11-6K-7; and to amend said code by adding thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11- 13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13, §11-13AA-14, §11- 13AA-15, §11-13AA-16, §11-13AA-17 and §11-13AA-18, all relating generally to the West Virginia Economic Development Act of 2010, consisting of the Twenty-First Century Business Technologies Property Valuation Act and, as to such act, specifying method for valuation of certain property; providing for initial determination by county assessors of whether certain property is used in a twenty-first century business technology; specifying procedure for protest and appeal of determination by county assessor; requiring the West Virginia Development Office to report to the Joint Committee on Government and Finance on the economic impact of such valuation beginning in 2014; consisting of the West Virginia Twenty-First Century Tax Credit Act and, as to such act, providing short title, setting forth purpose and legislative findings; defining terms; allowing credit and exemption from certain taxes; providing for computation of credit, application of credit and period for which credit is allowed; requiring application to claim credit; requiring that new jobs be good-paying jobs with health benefits; requiring identification of investment credit property and recomputation of credit in event of premature disposition of investment property; providing for forfeiture of unused tax credits and redetermination of credit allowed; imposing recapture tax under specified circumstances; allowing transfer of qualified investment to successors; providing rules for interpretation and construction of act; providing for tax credit review and accountability; specifying effective date; and providing severability clause.
With the recommendation that the committee substitute for committee substitute 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. 496, Allowing Environmental Protection Council certain rule-making authority.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 496 (originating in the Committee on Energy, Industry and Mining)--A Bill to amend and reenact §22-1-9 of the Code of West Virginia, 1931, as amended, relating to allowing the Environmental Protection Advisory Council to review, adopt and eliminate rules exceeding applicable federal standards promulgated pursuant to this article; and granting council mandatory rule-making authority.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 496), under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 505, Updating Logging Sediment Control Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 505 (originating in the Committee on Finance)--A Bill to amend and reenact §19-1B-3, §19- 1B-4, §19-1B-5, §19-1B-7, §19-1B-11 and §19-1B-12a of the Code of West Virginia, 1931, as amended, all relating to updating the Logging Sediment Control Act; providing exclusion for ten acres or less of privately owned land; establishing biennial licensure and fee; and making technical corrections.
With the recommendation that the 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. 518 (originating in the Committee on Energy, Industry and Mining), Creating Governor's Commission to Seize Future of Energy for America.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 518 (originating in the Committee on Finance)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §5B-8-1, §5B-8-2, §5B-8-3, §5B-8-4, §5B-8-5 and §5B-8-6, all relating to the creation of the Governor's Commission on Shaping the Future of Energy for the United States; making legislative findings; setting forth the members and officers of the commission; setting the compensation and the funding for the expenses of the commission; granting powers and duties to the commission; requiring the commission to report to the Joint Committee on Government and Finance and the Governor; and providing for the termination of the commission.
With the recommendation that the committee substitute for 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. 538, Defining charitable organization's inaugural committee's disbursement of excess contributions.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 538 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §3-8-1a and §3-8-5a of the Code of West Virginia, 1931, as amended, all relating generally to elections; defining "charitable organization"; and making technical corrections throughout.
With the recommendation that the committee substitute 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. 540, Reducing federal adjusted income for election officials.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 540) 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, with an amendment from the Committee on the Judiciary pending.
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. 550, Establishing driver's license restoration 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 Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 550) 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. 554, Relating to law-enforcement certification and training.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 554 (originating in the Committee on Government Organization)--A Bill to amend and reenact §30-29-1, §30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to law- enforcement certification generally; expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee; clarifying the authority to decertify law-enforcement officers; establishing a database of law-enforcement officers disciplined for certain types of misconduct; requesting the proposal of legislative rules to set standards for law-enforcement agencies to report certain types of misconduct by officers to the database; and requiring that law- enforcement agencies check the database prior to hiring an officer.
And,
Senate Bill No. 556, Relating to voting procedures.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 556 (originating in the Committee on Government Organization)--A Bill to amend and reenact §3-1-31, §3-1-34 and §3-1-50 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-5-14 of said code, all relating to elections; authorizing different hours for municipal elections; requiring notice of changes; clarifying voting procedures; and modifying administrative complaint procedures.
With the recommendation that the two committee substitutes do pass; but under the original double committee references 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 bills (Com. Sub. for S. B. Nos. 554 and 556) 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 the Judiciary.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 565, Requiring state boards maintain permanent public office space.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being granted, the bill (S. B. No. 565) contained in the preceding report from the Committee on Government Organization was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator 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. 567, Creating Nonprofit Adventure and Recreational Responsibility Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 567 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §20-16-1, §20-16-2, §20-16-3, §20-16-4, §20-16-5, §20- 16-6, §20-16-7 and §20-16-8, all relating to responsibility and liability of nonprofit youth organizations, participants and providers in adventure or recreational activities; providing a short title, legislative purpose and definitions; providing the duties and liabilities of nonprofit youth organizations or providers; and providing duties and liabilities of participants.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 574, Declaring December 7 special memorial day.
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,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being granted, the bill (S. B. No. 574) contained in the preceding report from the Committee on Military was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Government Organization.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 592, Restricting certain rehired state employees from previous benefits.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 592 (originating in the Committee on Pensions)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-5- 2a, relating to restrictions on hiring a retired state employee.
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,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 592) contained in the preceding report from the Committee on Pensions 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. 597, Requiring women seeking abortion opportunity to see fetus ultrasound image.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 597 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §16-2I-2 of the Code of West Virginia, 1931, as amended, relating to requiring physicians or those assisting them in performing an elective abortion to provide to the patient the opportunity to view an ultrasound image of a live fetus or a fetus with a fatal anomaly before performance of an elective abortion procedure.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 597) 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 the Judiciary.
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. 606, Creating WV Ski Resort Industry Commission.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 607, Adopting Uniform State Military Code of Justice.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being granted, the bill (S. B. No. 607) contained in the preceding report from the Committee on Military 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 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. 618, Relating to osteopathic physician assistants.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 618 (originating in the Committee on Health and Human Resources)--A Bill to amend and reenact §30-14A-1, §30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of the Code of West Virginia, 1931, as amended, all relating to osteopathic physician assistants generally; reorganizing definitions; adopting consistent use of the term "license" in lieu of "certificate"; modifying the preconditions for authorization to prescribe drugs; modifying the classes of pharmaceuticals that may be prescribed by an osteopathic physician assistant; changing the amount of certain drugs that may be prescribed; and providing for fees to be set by legislative rule.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 618) 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 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. 621, Allowing certain permit limits for dischargers located upstream of public water intakes.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 621 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22-11-7b of the Code of West Virginia, 1931, as amended, relating to allowing permit limits based on mixing zones for dischargers located upstream of public water service intakes owned by that discharger; and removing outdated language.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 621) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 624, Relating to Secretary of State annual reports' filing deadlines.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 624 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §31B-2-203 and §31B-2-211 of the Code of West Virginia, 1931, as amended; to amend and reenact §31B-10-1002 of said code; to amend and reenact §31D-2-202 of said code; to amend and reenact §31D-15-1503 of said code; to amend and reenact §31E-2-202 of said code; to amend and reenact §31E-14-1403 of said code; and to amend and reenact §47-9A- 2 and §47-9A-3 of said code, all relating to business organizations and associations generally; providing consistency of filing deadlines for all organizations filing annual reports with the Secretary of State; and requiring e-mail addresses for informational notices.
With the recommendation that the committee substitute 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. 627, Increasing civil and criminal penalties for littering.
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. 627) 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. 636, Reconstituting Commission to Study Residential Placement of Children.
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,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 636) 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 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. 656, Relating to special rates for energy-intensive industrial electric power consumers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 656 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §24-2-1j, relating to special rates for energy-intensive industrial consumers of electric power; setting forth legislative findings on energy-intensive industrial consumers of electric power; defining certain terms; enabling the Public Service Commission to establish special rates for energy-intensive industrial consumers of electric power; setting forth factors that the Public Service Commission may take into consideration in establishing special rates for energy-intensive industrial consumers of electric power, in addition to factors that may already be considered by the Public Service Commission in its rate- setting process; authorizing the Public Service Commission to adopt mechanisms reasonably designed to assure appropriate flexibility and predictability of special rates; establishing procedures for application to the Public Service Commission for a special rate; setting forth data and information to be included in an application for a special rate; and establishing qualifications for eligibility for a special rate.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
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. 666, Transferring state agency workers' compensation programs' duties to Insurance Commissioner.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 666) 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 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. 674, Relating to certain firefighters workers' compensation claims.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 674 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §23-4-1 of the Code of West Virginia, 1931, as amended, relating to workers' compensation; creating a rebuttable presumption that development of certain cancers by professional or volunteer firefighters arose out of the course of employment; and requiring the Insurance Commissioner to study the effects of the rebuttable presumption.
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. 674) 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 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. 696 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §47B-10-1 and §47B-10-4 of the Code of West Virginia, 1931, as amended, all relating generally to limited liability partnerships; updating registration requirements; establishing procedures for and consequences of administrative dissolution and reinstatement; and setting notice requirements and appellate options with regard to administrative decisions on dissolution and reinstatement.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 696) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
On motion of Senator Kessler, the bill was then referred to the Committee on Government Organization.
The Senate proceeded to the sixth order of business.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 42--Requesting the Division of Highways name bridge number 30-52-17.40, located in Mingo County, the "Bobby Lee Jarrell Memorial Bridge".
Whereas, Bobby Lee Jarrell was born August 16, 1935, in Purtain Mines, West Virginia; and
Whereas, Bobby Lee Jarrell graduated from Burch High School in 1953, and immediately enlisted in the United States Navy; and
Whereas, Bobby Lee Jarrell had a distinguished 22 year career in the Navy, which took him all over the world to place such as Antarctica, Viet Nam and Korea; and
Whereas, Bobby Lee Jarrell served as a Chief Gunner's Mate and was awarded the Navy Commendation and Navy Achievement Medals, the Combat Action ribbon, the Navy Unit Commendation and Good Conduct (five awards), National Defense Service, Anarctic Service, Vietnam Service (two stars), Vietnam Campaign, Navy Expert Rifleman and Navy Expert Pistol Shot Medals; and
Whereas, Bobby Lee Jarrell returned to Mingo County after his Navy retirement where he served as the Manager of Maintenance for Mingo County Schools until his retirement in 1999; and
Whereas, Bobby Lee Jarrell was married to his beloved wife Betty, with whom he shared the joy of having their sons Michael and Ricky and their daughter Cheryl; and
Whereas, Sadly, Bobby Lee Jarrell passed away at his home on May 10, 2009, leaving behind a host of family and friends, and a grateful country; and
Whereas, It is fitting, to honor the memory of Bobby Lee Jarrell, who served his country and community honorably, by naming bridge number 30-52-17.40, located in Mingo County, the "Bobby Lee Jarrell Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 30-52-17.40, located in Mingo County, the "Bobby Lee Jarrell Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Bobby Lee Jarrell Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Bobby Lee Jarrell.
Which, under the rules, lies over one day.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways name bridge number 22-10-22.51, located in Lincoln County, the "Private Brunty Willis Memorial Bridge".
Whereas, Brunty Willis was born February 26, 1924, in Branchland, Lincoln County, West Virginia; and
Whereas, Brunty Willis enlisted in the United States Army on June 14, 1944, and was sent to Fort Thomas in Kentucky; and
Whereas, Private Brunty Willis was deployed to Germany during World War II to fight for his country; and
Whereas, Sadly, Private Brunty Willis was killed in action on March 3, 1945, in Germany, while attempting to cross the Rhine River; and
Whereas, Private Brunty Willis was awarded the Gold Star Lapel Button on July 16, 1953; and
Whereas, It is fitting, to honor the memory of Private Brunty Willis, who made the ultimate sacrifice for his country and state, by naming bridge number 22-10-22.51, located in Lincoln County, the "Private Brunty Willis Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 22-10-22.51, located in Lincoln County, the "Private Brunty Willis Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Private Brunty Willis Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation and the family of Private Brunty Willis.
Which, under the rules, lies over one day.
Senators Sypolt, Williams, Oliverio, Stollings and Plymale offered the following resolution:
Senate Resolution No. 40--Congratulating the Grafton Boys' Cross Country team on winning the 2009 Class A-AA state championship.
Whereas, The Grafton High School Boys' Cross Country team had an extraordinary season, in which earned it the opportunity to participate in the 2009 Class A-AA state tournament; and
Whereas, The Grafton High School Boys' Cross Country team won the 2009 Class AA state championship with a team score of 57; and
Whereas, The Grafton High School Boys' Cross Country team is coached by Head Coach Eva Robinson, who is assisted by Jackie Hunt, Steve Tennant and PD Louzy, and consists of players Drew Woodford (Individual State Champion), Jordan Riffle, Seth Elsey, Matt Stadelman, Shawn Altman, Zach Tennant, PJ Louzy, Briar Hickman and Michael Daetwyler; and
Whereas, The Grafton High School Boys' Cross Country team displayed their strong will and determination for an entire season; and
Whereas, The Grafton High School Boys' Cross Country team will be remembered as one of the best teams ever assembled in West Virginia high school cross country history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Grafton High School Boys' Cross Country team on winning the 2009 Class A-AA state championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and each member of the Grafton High School Boys' Cross Country team.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Senators Williams, Sypolt, Oliverio, Stollings and Plymale offered the following resolution:
Senate Resolution No. 41--Congratulating the Grafton High School golf team on winning the 2009 Class AA state championship.
Whereas, The Grafton High School golf team had an extraordinary season, in which earned it the opportunity to participate in the 2009 Class AA state tournament; and
Whereas, The Grafton High School golf team won the 2009 Class AA state championship with a team score of 511 for a one stroke victory over Ritchie County; and
Whereas, The Grafton High School golf team is coached by Mike Crutchfield and his assistant Alan DePiano, and consists of players Chris Johns, Lucas Ware, Devon Waters, J.C. Musgrove, Adam Ware, Seth Elsey, Nick Mayle, Lindsey Moore, Bryson Phillips, John Tokarz, Drew Musgrove and Drew Waters; and
Whereas, The Grafton High School golf team displayed their strong will and determination for an entire season; and
Whereas, The Grafton High School golf team will be remembered as one of the best teams ever assembled in West Virginia high school golf history; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Grafton High School golf team on winning the 2009 Class AA state championship; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the coaches and each member of the Grafton High School golf team.
At the request of Senator Sypolt, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 120, Requiring certain students provide dental exam proof.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 120) 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. 389, Relating to eligibility of certain felons to receive certain federally funded benefits.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 389) 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. 435, Relating to speed-detecting device use law.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 435) 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. 453, Providing State Register subscribers electronic format option.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Helmick and Oliverio--3.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 453) 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. 12, Relating to regional water and wastewater authorities.
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. 336, Authorizing Division of Wildlife Resources recover possession or restitution value of certain wild animals.
On second reading, coming up in regular order, was read a second time.
On motion of Senator K. Facemyer, the following amendment to the bill was reported by the Clerk and adopted:
By striking out everything after the enacting clause and inserting in lieu thereof the following:
That §20-2-5a and §20-2-7 of the Code of West Virginia, 1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 2. WILDLIFE RESOURCES.
§20-2-5a. Forfeiture by person causing injury or death of game or protected species of animal; additional replacement costs for antlered deer; forfeiture procedures and costs.

(a) Any person who is convicted of violating any a criminal law of this state and the violation causes or that results in the injury, or death or destruction of game, as defined in section two, article one of this chapter, or a protected species of animal, in addition to any other penalty to which he or she is subject, shall forfeit the cost of replacing such the game or protected species of animal to the state. For such purpose, replacement values for game and protected species of animals are as follows:
(1) For each game fish or each fish of a protected species taken illegally other than by pollution kill, $5 for each pound and any fraction thereof;
(2) For each bear or elk, $500;
(3) For each deer or raven, $200;
(4) For each wild turkey, hawk or owl, $100;
(5) For each beaver, otter or mink, $25;
(6) For each muskrat, raccoon, skunk or fox, $15;
(7) For each rabbit, squirrel, opossum, duck, quail, woodcock, grouse or pheasant, $10;
(8) For each wild boar, $200;
(9) For each bald eagle, $5,000;
(10) For each golden eagle, $5,000; and
(11) For any other game or protected species of animal, one $100.
(b) In addition to the replacement value for deer in subsection (a)(3), the following cost shall also be forfeited to the state by any person who is convicted of violating any criminal law of this state and the violation causes the injury or death of antlered deer:
(1) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 14 inches or greater but less than 16 inches, $1,000;
(2) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 16 inches or greater but less than 18 inches, $1,500;
(3) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 18 inches or greater but less than 20 inches, $2,000; and
(4) For any deer in which the inside spread of the main beams of the antlers measured at the widest point equals 20 inches or greater, $2,500.
(5) Any person convicted of a second or subsequent violation of any criminal law of this state which violation causes the injury or death of antlered deer is subject to double the authorized range of cost to be forfeited.
(c) The court upon convicting such person shall order him Upon conviction, the court shall order the person to forfeit to the state the proper amount based on the values set forth herein for amount set forth in this section for the injury or death of the game or protected species of animal the injury, death or destruction of which he caused or which resulted from his criminal act. If two or more defendants are convicted for the same violation causing, or resulting in, the injury, or death or destruction of game or protected species of animal, the forfeiture shall be declared against them jointly and equally paid by each person in an equal amount. The forfeiture shall be paid by the person so convicted and ordered to pay the forfeiture within the time prescribed by the court, but not exceeding not to exceed sixty days. In each instance, the court shall pay such the forfeiture to the state Treasury where it shall be credited to the Division of Natural Resources to be deposited into the License Fund- Wildlife Resources (3200) and used only for the replacement, habitat management or enforcement programs for injured, or killed or destroyed game or protected species of animal.
§20-2-7. Hunting, trapping or fishing on lands of another; damages and restitution.

(a) It is unlawful for any person to shoot, hunt, fish or trap upon the fenced, enclosed or posted lands of another person; or to peel trees or timber, build fires or do any other act in connection with shooting, hunting, fishing or trapping on such lands without written permission in his or her possession from the owner, tenant or agent of the owner.
(b) Any person who hunts, traps or fishes on land without the permission of the owner, tenant or agent of the owner is guilty of a misdemeanor and liable to the owner or person suffering damage for all costs and damages for: (1) Killing or injuring any domestic animal, or fowl, or captive cervids; (2) cutting, destroying or damaging any bars, gates or fence or any part of the property; or (3) leaving open any bars or gates resulting in damage to the property.
(c) Restitution of the value of the property or animals injured, damaged or destroyed shall be required upon conviction pursuant to sections four and five, article eleven-a, chapter sixty-one of this code. The restitution ordered for captive cervids shall be equivalent to or greater than the replacement values for deer listed in section five-a in this article.
(c)(d) The owner, tenant or agent of the owner may arrest a person violating this section and immediately take him or her before a magistrate. The owner, tenant or agent of the owner is vested with the powers and rights of a conservation officer for these purposes. The officers charged with the enforcement of the provisions of this chapter shall enforce the provisions of this section if requested to do so by the owner, tenant or agent of the owner, but not otherwise.
(d) (e) The provisions of subsections (b)(c) and (c)(d) of this section related to criminal penalties and being subject to arrest are inapplicable to a person whose dog, without the person's direction or encouragement, travels onto the fenced, enclosed or posted land of another in pursuit of an animal or wild bird: Provided, That the pursuit does not result in the taking of game from the fenced, enclosed or posted land and does not result in the killing of domestic animals or fowl or other damage to or on the fenced, enclosed or posted land.
The bill (Com. Sub. for S. B. No. 336), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 396, Updating commercial driver's license requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 398, Prohibiting landfill disposal of certain electronic devices.
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. 446, Clarifying deceased public employees' survivors participate in comprehensive group health insurance plans only.
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. 471, Increasing circuit clerks' copying charge.
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. 483, Authorizing HMOs offer point of service option.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 526, Finding and declaring certain claims against state.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 553, Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 602, Repealing outdated and obsolete sections of tax code.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Com. Sub. for Com. Sub. for Senate Bill No. 219, Relating to managing state motor vehicle fleet.
Com. Sub. for Senate Bill No. 368, Authorizing excess Courtesy Patrol funds be transferred to Tourism Promotion Fund.
Com. Sub. for Senate Bill No. 447, Providing certain nonstate retirees responsible for PEIA costs.
Com. Sub. for Senate Bill No. 449, Relating to PEIA preexisting conditions limitations.
Com. Sub. for Senate Bill No. 494, Providing fiduciary commissioner oversight.
Senate Bill No. 583, Updating references to Information Services and Communications Division.
Senate Bill No. 584, Relating to Center for Nursing's data collection policy.
Senate Bill No. 595, Extending vesting period for subdivision and land development plans.
Senate Bill No. 604, Extending mental hygiene procedures' sunset provision.
And,
Eng. Com. Sub. for House Bill No. 4128, Relating to insurance companies deemed to be in hazardous financial condition.
On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, February 26, 2010, at 11 a.m.
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