sdj-45th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FORTY-FIFTH DAY
____________
Charleston, W. Va., Friday, February 26, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Brian O'Donnell, S. J.,
Executive Secretary, Catholic Conference of West Virginia,
Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 25,
2010,
On motion of Senator Wells, 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 amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 611, Removing location requirement for
certain higher education offices.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On pages nine and ten, section four, by striking out all of
subdivision (16) and inserting in lieu thereof a new subdivision
(16), to read as follows:
"(16) Provide suitable offices in Kanawha County for the
chancellor, vice chancellors and other staff;";
On page thirty-three, section six, by striking out all of
subdivision (17) and inserting in lieu thereof a new subdivision
(17), to read as follows:
"(17) Provide suitable offices in Kanawha County for the
chancellor and other staff:
Provided, That the location of WVNET
shall not be moved without legislative approval;";
On page thirty-six, section six, line two hundred fifty-seven,
after the word "goals" by inserting a comma;
On page fifty-three, section one, by striking out all of
subsection (d) and inserting in lieu thereof a new subsection (d),
to read as follows:
(d) Suitable offices for the vice chancellor of administration
and other staff shall be provided in Kanawha County.;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 611--A Bill to amend and reenact §18B-1B-4 of the Code of West Virginia, 1931, as amended; to amend and
reenact §18B-2B-6 of said code; and to amend and reenact §18B-4-1
of said code, all relating to the location of the offices of the
Higher Education Policy Commission, the Vice Chancellor for
Administration, the West Virginia Council for Community and
Technical College Education and WVNET.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 611) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
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. 4524--A Bill to amend and reenact §17A-1-1
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17A-6-1 of said code; and to amend and reenact §17F-1-9 of
said code, all relating to a revision of the definition of "all-
terrain vehicle"; the inclusion of a definition for utility terrain
vehicle and authorizing the same restrictions and conditions on the
use of utility-terrain vehicles as on all-terrain vehicles.
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. 16--Requesting the bridge
known as Flowing Spring Road CR 17 over Route 9 in Jefferson
County, West Virginia, near Charles Town, specifically bridge
number 19-17-0.73 be named the "Arsenio Albert Alvarez Memorial
Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 36--Requesting the bridge
number 25-19/80-1.12, located at the East Fairmont Exit of
Interstate 79 and connecting to downtown Fairmont, be named "The
Marion County Veterans Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 43--Requesting the Division of
Highways to name the bridge in Lavalette in Wayne County on Route
152, bridge number 50-152-40.39, as the "Perdue Brothers Memorial
Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl".
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. 46--Requesting the Division of
Highways to name the bridge near Stollings in Logan County on State
Route 17, bridge number 23-17-0.30, as the "Staff Sergeant Robert
Lee Chambers Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 66--Commemorating the passing
of CW4 Brent Cole, patriot, pilot, husband, father, soldier, proud
West Virginian and true American hero.
Referred to the Committee on Rules.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 25th day of February, 2010, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(H. B. No. 4309), Authorizing the Town of Moorefield, the
Hardy County Commission, and Hardy County's largest corporate user
of public wastewater facilities to construct and maintain a state of the art regional wastewater treatment plant.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 175 (originating in the
Committee on the Judiciary), Relating to purchase, possession, sale
and use of fireworks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 175 (originating
in the Committee on Finance)--A Bill to repeal §29-3-23, §29-3-24
and §29-3-25 of the Code of West Virginia, 1931, as amended; to
amend and reenact §11-12-86 of said code; to amend and reenact §29-
3-26 of said code; and to amend said code by adding thereto a new
article, designated §29-3E-1, §29-3E-2, §29-3E-3, §29-3E-4, §29-3E-
5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-9, §29-3E-10, §29-3E-11,
§29-3E-12, §29-3E-13, §29-3E-14, §29-3E-15, §29-3E-16, §29-3E-17
and §29-3E-18, all relating generally to revising, consolidating
and codifying the laws relating to fireworks; providing
definitions; regulating purchase, possession, transportation, sale
and use of fireworks; providing no local government regulation over consumer fireworks; requiring certification, registration, bonding
and permits; providing for civil money penalties, criminal
penalties and remedies; establishing Fireworks Safety Fund and
safety fee and providing for the dispensation of the fund;
prescribing powers and duties of certain state agencies; providing
the Fire Marshal with rule-making and emergency rule-making powers;
and requesting the Fire Marshal create and maintain an internet
website.
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. 186, Creating DMV administrative law judge
office.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 186 (originating in the
Committee on the Judiciary)--
A Bill to amend and reenact §17C-5-7
of the Code of West Virginia, 1931, as amended; to amend and
reenact §17C-5A-1a of said code; to amend said code by adding
thereto a new section, designated §17C-5A-1b; and to amend and
reenact §17C-5A-2 of said code, relating to creating the office of administrative law judges within the Department of Transportation;
outlining the powers of the administrative law judges; clarifying
the effect of a no contest plea on the administrative license
suspension process; and requiring the state establish lawful arrest
in administrative license suspension proceedings where applicable.
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.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 186) was taken up for
immediate consideration, read a first time and ordered to second
reading.
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. 225 (originating in the
Committee on the Judiciary), Creating Spay Neuter Assistance Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 225 (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 §19-10-1, §19-10-2, §19-10-3, §19-10-4 and §19-10-5; and
to amend and reenact §19-14-5 of said code, all relating to
creating and funding the Spay Neuter Assistance Fund; defining the
purposes of the fund; requiring book-keeping standards and annual
reporting; and increasing certain commercial and pet feed
registration fees.
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. 229 (originating in the
Committee on Education), Authorizing School Building Authority
issue certain outstanding bonds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 229 (originating
in the Committee on Finance)--A Bill to amend and reenact §18-9D-
4b, §18-9D-6 and §18-9D-8 of the Code of West Virginia, 1931, as
amended, all relating to authorizing the School Building Authority to issue bonds in the maximum aggregate amount of $500 million
outstanding at any time; authorizing the School Building Authority
to receive and expend federal subsidies received with respect to
bonds issued by the School Building Authority; requiring copies of
resolutions authorizing revenue bonds be provided to Governor,
President and Speaker; and making technical corrections.
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 J
Senate Bill No. 286, Authorizing DHHR promulgate legislative
rule relating to Grade "A" pasturized milk.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 286 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact article 5,
chapter 64 of the Code of West Virginia, 1931, as amended,
relating
generally to the promulgation of administrative rules by the
Department of Health and Human Resources; 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 with various modifications presented to and
recommended by the Legislative Rule-Making Review Committee;
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 Health Care Authority
to promulgate a legislative rule relating to hospital ambulatory
health care facilities
;
authorizing the Department of Health and
Human Resources to promulgate a legislative rule relating to Grade
"A" pasturized milk; authorizing the Department of Health and Human
Resources to promulgate a legislative rule relating to fees for
services; authorizing the Department of Health and Human Resources
to promulgate a legislative rule relating to the distribution of
state aid funds to local boards of health; authorizing the
Department of Health and Human Resources to promulgate a
legislative rule relating to the nurse aid abuse registry; and
authorizing the Department of Health and Human Resources to
promulgate a legislative rule relating to out-of-school-time child
care center licensing requirements.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 369, Modifying definitions of certain wells.
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,
Mike Green,
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 Energy, Industry and Mining.
At the request of Senator Green, unanimous consent being
granted, the bill (S. B. No. 369) 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. 383, Increasing Enhanced 911 Wireless Tower
Access Assistance Fund allocation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 383 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §24-6-6b
of the Code of West Virginia, 1931, as amended, relating to
increasing the amount allocated from the wireless enhanced 911 fee to be deposited into the Enhanced 911 Wireless Tower Access
Assistance Fund and distributed by the Public Service Commission to
subsidize the construction of wireless towers; providing that
certain grant information be available for public inspection; and
providing definitions.
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. 383) 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 Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Com. Sub. for Senate Bill No. 394 (originating in the
Committee on Transportation and Infrastructure), Authorizing DMV
use certain program to identify uninsured vehicles.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 394 (originating
in the Committee on Banking and Insurance)--A Bill
to amend and
reenact §17A-3-3 of the Code of West Virginia, 1931, as amended; to
amend and reenact §17D-2A-1, §17D-2A-2, §17D-2A-3, §17D-2A-6, §17D-
2A-7 and §17D-2A-8 of said code; to amend said code by adding
thereto a new section, designated §17D-2A-6a; and to amend said
code by adding thereto a new section, designated §33-6-31g, all
relating to authorizing the Division of Motor Vehicles to use an
electronic insurance verification program to identify uninsured
noncommercial motor vehicles; surrendering registration plate to
division when required security dropped by owner or registrant;
requiring insurance companies licensed to do business in this state
to participate in an electronic insurance verification program
developed by the motor vehicles commissioner; providing
requirements for an electronic insurance verification program;
providing duties of the motor vehicles commissioner relating to a
program; setting forth duties of insurers relating to a program;
providing penalties for failing to have the required security or
knowingly operating a motor vehicle without the required security
by suspending the owner's driver's license and revoking vehicle
registration; providing for a hearing; providing that any rules
promulgated by the motor vehicles commissioner pertaining to a
program be consistent with the Insurance Industry Committee for
Motor Vehicle Administration Model; and authorizing the Insurance
Commissioner to promulgate rules and emergency rules, some of which
may prescribe penalties.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 394)
contained in the preceding report from the Committee on Banking and
Insurance was taken up for immediate consideration, read a first
time and ordered to second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 442, Clarifying PEIA Finance Board may offset
certain annual retiree premium increases.
And reports the same back with the recommendation that it 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. 457, Repealing section relating to adultery
and lewd cohabitation.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 457 (originating in the
Committee on the Judiciary)--A Bill to repeal §61-1-6 of the Code
of West Virginia, 1931, as amended; to repeal §61-2-17, §61-2-18,
§61-2-19, §61-2-20, §61-2-21, §61-2-22, §61-2-23, §61-2-24 and §61-
2-25 of said code; to repeal §61-6-16 of said code; to repeal §61-
8-3, §61-8-4 and §61-8-15 of said code; to repeal §61-10-18, §61-
10-25, §61-10-26, §61-10-27, §61-10-28 and §61-10-29 of said code;
and to amend and reenact §61-1-7 of said code, all relating
generally to the display of a red or black flag and the
accompanying penalty; keeping doors of vehicles for hire locked
while in motion; dueling; wearing hats in theaters; adultery and
lewd cohabitation; conducting bucket shops; public swearing and
drunkenness; and engaging in certain work, labor or business
activities on Sunday.
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. 462, Limiting State Police applicants' age.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 462 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§15-2-7 of the Code of West Virginia, 1931, as amended, relating to
limiting the age of applicants for appointment to membership in the
West Virginia State Police.
Senate Bill No. 587, Removing Board of Hearing-Aid Dealers
statutory per diem.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 587 (originating in the
Committee on Government Organization)--A Bill
to repeal §30-26-4 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§30-26-2 and §30-26-3 of said code;
and to amend said code by
adding thereto a new section, designated
§30-26-3a, all relating to
the Board of Hearing-Aid Dealers generally; prohibiting physicians
from permitting any unlicensed person to engage in the practice of
dispensing hearing aids; clarifying powers and duties of the board;
imposing term limits on board members; removing the statutory per
diem salary granted to board members; specifying provisions for
administrative fees; and removing the requirement that the
Department of Health and Human Resources provide administrative
assistance to the board.
And,
Senate Bill No. 690, Relating to liquor sampling on Class A
retail licenses.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 690 (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 §60-3A-3a; and to amend and reenact §60-3A-4 of said
code, all relating to liquor sampling; adding definitions;
authorizing liquor sampling on Class A retail licenses; and
penalties.
With the recommendation that the three committee substitutes
do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 462, 587 and 690)
contained in the preceding report from the Committee on Government
Organization were each taken up for immediate consideration, read
a first time and ordered to second reading.
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. 480, Relating to public higher
education personnel.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 24, 2010;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 480) contained in the
preceding report from the Committee on Finance was taken up for
immediate consideration, read a second time and ordered to
engrossment and third 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. 486, Creating Asbestos Claims Transparency
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 486 (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 §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4 and §55-7E-5, all
relating to creation of the Asbestos Claims Disclosure Act;
defining certain terms; requiring disclosure of certain information
related to claims and potential claims against asbestos trusts;
establishing deadlines for providing information; authorizing
sanctions; creating presumption that trust claims and materials and
related discovery are authentic; providing that trust claims and materials are relevant and discoverable; authorizing defendants to
seek discovery from asbestos bankruptcy trusts; requiring
plaintiffs to assist in discovery by releasing information;
providing for set-offs and assignments; and providing the act
applies to all cases where a trial date was established or after
enactment of the article.
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. 486) 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 rereferred to the
Committee on the Judiciary.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 543, Authorizing Energy and Water Savings
Revolving Loan Fund Program rule for Higher Education Policy
Commission.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 543 (originating in the Committee on Education)--A Bill
to amend and reenact §18B-17-2 of
the Code of West Virginia, 1931, as amended, relating to
authorizing rules for the Higher Education Policy Commission
regarding the Energy and Water Savings Revolving Loan Fund Program
and PROMISE (Providing Real Opportunities for Maximizing In-state
Student Excellence) scholarship.
And,
Senate Bill No. 677, Creating county boards of education
school calendar committees.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 677 (originating in the
Committee on Education)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §18-
5-45a, relating to school calendars; requiring each county
superintendent to create a county school calendar committee;
requiring the committee to develop multiple school calendar options
for presentation to all employees for vote; requiring the
generation of new calendar options if the county board or state
board rejects the selected calendar; and requiring the process to
continue until a school calendar is approved by the county board
and state board.
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,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 543 and 677) were each
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. 557, Clarifying legislative vacancy
procedures.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 557 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §3-10-5 of
the Code of West Virginia, 1931, as amended, relating to the
procedures for vacancies in the state Legislature; authorizing the
President of the Senate and the Speaker of the House of Delegates
to fill vacancies in their respective bodies; and increasing
required time left in term to trigger election to fill vacancy.
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. 559, Authorizing citation issuance in lieu of
court appearance in certain situations.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator 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. 589, Creating Intermediate Court of Appeals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 589 (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
§51-1B-1, §51-1B-2, §51-1B-3, §51-1B-4, §51-1B-5, §51-
1B-6, §51-1B-7, §51-1B-8, §51-1B-9, §51-1B-10 and §51-1B-11, all
relating to creation of the Intermediate Court of Appeals;
providing a right to appeal orders of a circuit court in any civil or criminal case; establishing time limits for filing certain
pleadings; authorizing certification of certain cases to the
Supreme Court of Appeals; providing for transfer of appeals
erroneously filed with the Supreme Court of Appeals or the
Intermediate Court of Appeals; authorizing certified questions to
the Supreme Court of Appeals; providing for appellate review by the
Supreme Court of Appeals; authorizing three judges for the
Intermediate Court of Appeals; providing for the initial
appointment of judges followed by election of judges; providing
staggered terms of eight years for judges; authorizing a chief
judge of the Intermediate Court of Appeals; providing compensation
for Intermediate Court of Appeals judges and staff; authorizing
Supreme Court of Appeals to develop rules for pending, practice and
procedure; providing for the temporary assignment of circuit court
judges in certain cases; requiring the Administrative Director of
the Supreme Court of Appeals to provide necessary facilities,
furniture, fixtures and equipment; requiring electronic filing of
documents and orders; and providing that the budget of the
Intermediate Court of Appeals is part of the budget of the Supreme
Court of Appeals.
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. 589) 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. 610, Extending statutory exemption to certain
out-of-school time programs.
And,
Senate Bill No. 635, Requiring State Fire Commission approve
certain county and municipal fire ordinances and regulations.
And reports the same back with the recommendation that they
each 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. 612, Authorizing Governor certify certain
capital improvement projects' lists.
Now on second reading, having been read a first time and referred to the Committee on Finance on February 24, 2010;
And reports the same back with the recommendation that it 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. 616, Relating to civil service for deputy
sheriffs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 616 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§7-14-6, §7-14-17 and §7-14-19a of the Code of West Virginia, 1931,
as amended; and to amend and reenact §7-14C-1, §7-14C-3 and §7-14C-
5 of said code, all relating to deputy sheriffs; permitting the
civil service commission of each county to hear appeals from
hearing boards; establishing time periods for the filing of answers
and appeals; permitting all deputy sheriffs to perform police work
in addition to their normal duties; eliminating the authority of a
county commission from approving the sheriff's plan regarding
additional police work by deputy sheriffs; eliminating written
reprimands and transfers for purposes of punishment from the definition of "punitive action" as it applies to deputy sheriffs;
and permitting a deputy sheriff to a hearing in front of a hearing
board or the deputy sheriff's civil service commission.
Senate Bill No. 651, Providing state bid preference for
certain current license or permit holders.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 651 (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 §5A-3-37b, relating to preference for certain current
license or permit holders.
And,
Senate Bill No. 662, Providing funds to allow Tamarack
Foundation to become private entity.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 662 (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 §5B-4-1, §5B-4-2, §5B-4-3 and §5B-4-4, all relating to
Tamarack Foundation; providing diminishing state funding for the
Tamarack Foundation for five years; providing benchmarks to sustain
itself as a private entity; and reporting requirements.
With the recommendation that the three committee substitutes
do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of Committee Substitute for Senate Bill
No. 616 contained in the foregoing report from the Committee on
Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 616) was taken up for
immediate consideration, read a first time and ordered to second
reading.
At the request of Senator Bowman, and by unanimous consent,
the bills (Com. Sub. for S. B. Nos. 651 and 662) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 626, Providing teacher's license eligibility
requirements for alien residents.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 626 (originating in the
Committee on Education)--A Bill
to amend and reenact §18A-3-1 and
§18A-3-2a of the Code of West Virginia, 1931, as amended, all
relating to providing eligibility for a license to teach in the
public schools for candidates who are not United States citizens
under certain conditions.
And,
Senate Bill No. 631, Updating process for adopting textbooks
and other instructional material.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 631 (originating in the
Committee on Education)--A Bill
to amend and reenact §18-2A-1, §18-
2A-2, §18-2A-3, §18-2A-4, §18-2A-5, §18-2A-6, §18-2A-7, §18-2A-8
and §18-2A-9 of the Code of West Virginia, 1931, as amended, all
relating generally to instructional resources; process for approval
and adoption of instructional resources in public schools;
replacing the terms "textbooks", "instructional materials" and
"learning technologies" with "instructional resources" and
modifying affected code provisions accordingly; modifying limit on
adoption cycles; providing for listing of instructional resources
on the state multiple list; requiring a method for review and
adding new and substantially revised resources to the multiple
list; providing for county waivers of adoption cycles; providing
method for counties to select new or different resource before end
of a contract period; providing a method for vendor update of resources; revising the bidding, selection and approval process;
permitting the multiple list to be published in an electronic
format; requiring contracts to be filed pursuant to the state board
process; providing for review of electronic instructional
resources; providing for regional education service agency level
selection teams; and ensuring equity of access to electronic
instructional resources for all students.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 626 and 631) contained
in the preceding report from the Committee on Education were each
taken up for immediate consideration, read a first time and ordered
to second reading.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 648, Repealing outdated and obsolete sections
of education code.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
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. 652, Extending workers' compensation benefits
for certain crime victim-related mental illnesses.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 652 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §23-4-1f
of the Code of West Virginia, 1931, as amended, relating to
allowing workers' compensation for mental illnesses related to
being a crime victim.
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. 652) 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. 653, Allowing court discretion for habitual
offender sentencing.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 665, Transferring certain Health Care
Authority's duties to Insurance Commissioner.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 665 (originating in the
Committee on Health and Human Resources)--A Bill to repeal §33-15B-
4 of the Code of West Virginia, 1931, as amended; and to amend and
reenact §33-15B-1, §33-15B-2, §33-15B-3 and §33-15B-5 of said code,
all relating to health care forms; explaining legislative purpose;
defining scope of article; transferring certain duties regarding
uniform forms from the Health Care Authority to the Insurance
Commissioner; adding Department of Health and Human Resources to
advisory committee; authorizing Insurance Commissioner to propose rules; eliminating period for compliance; and prescribing
penalties.
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 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 Health and Human Resources.
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. 697 (originating in the Committee on the
Judiciary)--A Bill
to amend and reenact §15-5-15 of the Code of
West Virginia, 1931, as amended, relating to allowing the Fire
Commissioner upon petition of the State Fire Marshal to allow
certain prior convictions to be waived in order for otherwise
disqualified persons to serve as volunteer firefighters.
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. 697) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 41, Authorizing issuance of
revenue bonds to provide capital improvements for state colleges
and universities.
And reports the same back with the recommendation that it be
adopted.
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
Eng. House Bill No. 4026, Relating to higher education capital
facilities generally.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
The Senate proceeded to the sixth order of business.
Senators Stollings and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 44--Requesting the Division
of Highways name bridge number 23-10-16.17, located in Logan
County, the "G. R. "Bob" Johnson Memorial Bridge".
Whereas, G. R. "Bob" Johnson was a native of Man, Logan
County, West Virginia; and
Whereas, G. R. "Bob" Johnson was a devoted law enforcement
officer in Logan County until his retirement as a West Virginia
State Trooper; and
Whereas, As a law enforcement officer, G. R. "Bob" Johnson was
dedicated to making his community a safe place for all its
citizens; and
Whereas, Sadly, G. R. "Bob" Johnson passed away in March of
2009, from complications due to multiple sclerosis; and
Whereas, G. R. "Bob" Johnson left behind a host of family and
friends, all of whom miss him dearly; and
Whereas, It is fitting, to honor the memory of G. R. "Bob"
Johnson, who served his community and state honorably, by naming
bridge number 23-10-16.17, located in Logan County, the "G. R.
"Bob" Johnson Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways
name bridge number 23-10-16.17, located in Logan County, the "G. R.
"Bob" Johnson 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 "G. R. "Bob" Johnson 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 G. R. "Bob"
Johnson.
Which, under the rules, lies over one day.
At the request of Senator Deem, and by unanimous consent, the
Senate returned to the second order of business and the
introduction of guests.
The Senate again proceeded to the sixth order of business.
Senators Hall, Williams and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 45--
Requesting the Joint
Committee on Government and Finance to undertake a study of the
economic impact of West Virginia's deer population on the state's
agricultural interests because of deer-inflicted crop damage.
Whereas, Each year West Virginia farmers are experiencing
extensive losses to grain, fruits, vegetables and field crops
because of deer-inflicted crop damage; and
Whereas, Economic losses to West Virginia farmers caused by
deer-inflicted crop damage have significant impact on the financial
viability of many agricultural operations, and in some cases,
individual farmers are estimated to have lost thousands of dollars
in reduced annual income from deer-inflicted crop damage; and
Whereas, These losses have caused some farmers to stop farming
altogether and others to abandon tillable fields or to cease
growing their preferred crops; and
Whereas, At a time when the preservation of farmland has been
a significant initiative of this State, many farmers are unable to
make a profit because of deer-inflicted crop damage; and
Whereas, The agricultural community has long been aware of the
serious problem that deer-inflicted crop damage poses to
agriculture in this State, but the economic impact of the damage
has never been quantified in a comprehensive state-wide study; and
Whereas, There is a genuine need for a comprehensive study of
the economic impact of West Virginia's deer population on the
state's agricultural interests to assess the full extent of the
problem; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to undertake a study of the economic impact of West
Virginia's deer population on the state's agricultural interests
because of deer-inflicted crop damage; and, be it
Further Resolved, That the study additionally examine
practicable options to address the financial losses farmers are
experiencing from deer-inflicted crop damages, such as implementing
a claims process to reimburse farmers for their losses; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, including the contracting of an appropriate entity to
undertake a comprehensive analysis of deer-inflicted crop damage in
this State, and the expenses necessary 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, McCabe, Stollings, Kessler, Yost, Plymale and
Williams offered the following resolution:
Senate Resolution No. 42--Designating February 26, 2010, as
"West Virginia Grange Day".
Whereas, The Grange is the world's first farm fraternal
association; and
Whereas, The West Virginia State Grange is our state's oldest
agricultural and rural communities organization; and
Whereas, The Grange has been a tireless champion for West
Virginia's farmers and their rural communities through a vigorous
grassroots advocacy of the mutual interests of its members; and
Whereas, The Grange provides opportunities for families and
individuals to develop their highest potential in order to build
stronger communities; and
Whereas, Voluntary association with the Grange not only
provides the benefits of economic and political cooperation for its
members, but it also elevates their character by providing social, cultural and educational programs, along with opportunities for
personal growth; and
Whereas, The Grange increases the influence of each of its
members by giving them an opportunity to serve their community
through projects and programs that make a difference in the lives
of children, youth and our neighbors in need of assistance; and
Whereas, The West Virginia State Grange has served the State
of West Virginia since June 1873; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 26, 2010, as "West
Virginia Grange Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate representatives of the
West Virginia Grange.
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.
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 Deem, Stollings and Kessler offered the following
resolution:
Senate Resolution No. 43--Recognizing the United States Power
Squadrons District 7, on the occasion of its 2010 Annual
Conference.
Whereas, Organized in 1914, United States Power Squadrons is
a non profit, educational organization dedicated to making boating
safer and more enjoyable by teaching classes in seamanship,
navigation and related subjects; and
Whereas, West Virginia is richly blessed with outstanding
natural resources including lakes, rivers and streams greatly
suited for recreational boating; and
Whereas, Recreational boating contributes greatly to the
tourism industry of West Virginia and to the recreational
possibilities for its citizens and visitors; and
Whereas, The United States Power Squadrons is America's
largest boating organization; and
Whereas, District 7 of the United States Power Squadrons is
the regional organization that includes West Virginia, Ohio, and
Pennsylvania; and
Whereas, The Kanawha River Power Squadron, The Mid-Ohio Valley
Power Squadron, and the Mountaineer Power Squadron are active units
within the Mountain State; and
Whereas, District 7 has selected Kanawha County as the
location for its Annual Meeting to be held April 16-18, 2010, the
first time this event will take place in Kanawha County; therefore,
be it
Resolved by the Senate:
That the Senate hereby recognizes the United States Power
Squadrons District 7, on the occasion of its 2010 Annual
Conference; and, be it
Further Resolved, That the Senate wishes to express its strong
support for the mission of the United States Power Squadrons; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Robert Fish, Commander of District 7
of the United States Powers Squadrons.
At the request of Senator Deem, 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.
Petitions
Senators Prezioso and Helmick presented a petition from WV 4
Marriage and numerous West Virginia residents, supporting Senate
Joint Resolution No. 14 (
Proposing amendment to Constitution
designated Marriage Protection Amendment).
Referred to the Committee on the Judiciary.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 42, Requesting DOH name
bridge in Mingo County "Bobby Lee Jarrell Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 43, Requesting DOH name bridge in Lincoln County "Private Brunty Willis 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. 12, Relating to regional
water and wastewater authorities.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 12) 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. 336, Authorizing Division
of Wildlife Resources recover possession or restitution value of
certain wild animals.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 336) passed.
On motion of Senator K. Facemyer, the following amendment to
the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 336--A Bill to amend and
reenact §20-2-5a and §20-2-7 of the Code of West Virginia, 1931, as
amended, all relating to forfeiture and restitution by persons
causing injury or death to game, protected species of animal or
captive cervids; adding additional replacement value for antlered
deer based upon antler spread; clarifying forfeiture procedures and
costs; and ordering restitution for captive cervids.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 396, Updating
commercial driver's license 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, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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 Com. Sub. for S. B. No. 396) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 398,
Prohibiting landfill disposal of certain electronic devices.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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 Com. Sub. for S. B. No. 398) passed with its title.
Senator Chafin moved that the bill take effect January 1,
2011.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for Com. Sub. for S. B. No. 398) takes effect January 1,
2011.
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. 446, Clarifying deceased
public employees' survivors participate in comprehensive group
health insurance plans only.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 446) 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. 471, Increasing circuit
clerks' copying charge.
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, Bowman,
Browning, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green,
Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost
and Tomblin (Mr. President)--26.
The nays were: Boley, Chafin, Deem, Hall and Unger--5.
Absent: Caruth, Guills 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. 471) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Bowman, Browning,
Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Helmick,
Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Wells, White, Williams, Yost
and Tomblin (Mr. President)--26.
The nays were: Boley, Chafin, Deem, Hall and Unger--5.
Absent: Caruth, Guills and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 471) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 483, Authorizing HMOs offer
point of service 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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 483) passed.
The following amendment to the title of the bill, from the
Committee on Banking and Insurance, was reported by the Clerk and
adopted:
Eng. Com. Sub. Senate Bill No. 483--A Bill to amend and
reenact §33-25A-5 of the Code of West Virginia, 1931, as amended,
relating to authorizing health maintenance organizations to provide
a point of service option; providing a definition for "point of
service option"; and authorizing the Office of the Insurance
Commissioner to develop standards for a point of service option by
legislative and emergency rule.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 526, Finding and declaring certain claims
against state.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 526) 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, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 526) 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. 553, Extending time to purchase full
service credit in Teachers' Defined Contribution Retirement System.
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, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 553) 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, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills and Oliverio--3.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 553) 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. 602, Repealing outdated and obsolete
sections of tax code.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth, Guills 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. 602) 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 Com. Sub. for Senate Bill No. 219, Relating to
managing state motor vehicle fleet.
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. 368, Authorizing excess Courtesy
Patrol funds be transferred to Tourism Promotion Fund.
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. 447, Providing certain nonstate
retirees responsible for PEIA costs.
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. 449, Relating to PEIA
preexisting conditions limitations.
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. 494, Providing fiduciary
commissioner oversight.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 583, Updating references to Information
Services and Communications Division.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 584, Relating to Center for Nursing's data
collection policy.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 595, Extending vesting period for subdivision
and land development plans.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page five, section two, line seventy-nine, by striking out
"2009" and inserting in lieu thereof "2010".
On motion of Senator Kessler, the following amendment to the
bill was next reported by the Clerk and adopted:
On page eight, section twelve, line thirty-six, by striking
out "2009" and inserting in lieu thereof "2010".
The bill (S. B. No. 595), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 604, Extending mental hygiene procedures'
sunset provision.
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. 621, Allowing certain permit
limits for dischargers located upstream of public water intakes.
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. 4128, Relating to insurance
companies deemed to be in hazardous financial condition.
On second reading, coming up in regular order, was read a
second time and 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 Com. Sub. for Senate Bill No. 4, Relating to
special license plates.
Com. Sub. for Senate Bill No. 51, Relating to child custody
plans for National Guard or military reserve parents.
Senate Bill No. 169, Relating to Economic Development
Authority loans' criteria.
Com. Sub. for Senate Bill No. 185, Creating WV Commercial
Patent Incentives Tax Act.
Senate Bill No. 235, Relating to Creative Communities
Development Pilot Program.
Com. Sub. for Senate Bill No. 238, Relating to mineral rights'
benefits.
Com. Sub. for Senate Bill No. 291, Authorizing Department of
Transportation promulgate legislative rules.
Com. Sub. for Com. Sub. for Senate Bill No. 324, Establishing
tax credit for repayment of certain student loans.
Senate Bill No. 331, Clarifying certain PERS and teachers'
disability retirement qualifications.
Com. Sub. for Com. Sub. for Senate Bill No. 365, Requiring
pharmacies provide personnel online access to controlled substances
database.
Com. Sub. for Senate Bill No. 458, Distributing minimum share
of severance tax to coalbed methane-producing counties.
Com. Sub. for Senate Bill No. 478, Relating to Purchasing
Division functions.
Senate Bill No. 488, Authorizing Marketing and Communications
Office promote and sell state-related items.
Com. Sub. for Senate Bill No. 489, Determining status of
recycling goals.
Com. Sub. for Com. Sub. for Senate Bill No. 493, Creating
Twenty-First Century Business Technologies Property Valuation Act.
Com. Sub. for Senate Bill No. 505, Updating Logging Sediment
Control Act.
Senate Bill No. 510, Extending DNR license and stamp fees
sunset provision.
Com. Sub. for Com. Sub. for Senate Bill No. 518, Creating Governor's Commission to Seize Future of Energy for America.
Senate Bill No. 519, Extending Social Security benefits to
Municipal Police Officers and Firefighters Retirement System
members.
Senate Bill No. 527, Requiring State Rail Authority establish
transportation and local rail service plan.
Com. Sub. for Senate Bill No. 538, Defining charitable
organization's inaugural committee's disbursement of excess
contributions.
Com. Sub. for Senate Bill No. 567, Creating Nonprofit
Adventure and Recreational Responsibility Act.
Com. Sub. for Senate Bill No. 596, Exempting Adjutant General
and National Guard from certain leasing and accounting
requirements.
Com. Sub. for Senate Bill No. 606, Creating WV Ski Resort
Industry Commission.
Com. Sub. for Senate Bill No. 624, Relating to Secretary of
State annual reports' filing deadlines.
And,
Com. Sub. for Senate Bill No. 656, Relating to special rates
for energy-intensive industrial electric power consumers.
At the request of Senator Chafin, unanimous consent being
granted, the Senate returned to the fourth order of business.
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. 118, Requiring parental consent for minors
using tanning device.
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. 130, Making failure to wear safety belts
primary offense.
With an amendment from the Committee on Transportation and
Infrastructure pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Transportation and
Infrastructure to which the bill was first referred.
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. 337, Requiring Racetrack Video Lottery Fund be
used for certain payments.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 337 (originating in the
Committee on Finance)--A Bill to amend and reenact §19-23-10, §19-
23-13 and §19-23-13b of the Code of West Virginia, 1931, as
amended; to amend and reenact §29-22-18a of said code; and to amend
and reenact §29-22C-27 of said code, all relating to directing
funds to existing West Virginia Racing Commission Special Account -
Unredeemed Pari-Mutuel Tickets account, to be used to pay certain
current and unpaid debt payments; placing certain funds in the West
Virginia Racing Commission Special Account - West Virginia
Greyhound Breeding Development Fund; removing a provision
concerning the Thoroughbred Development Fund; eliminating a
$200,000 annual payment for providing health and disability
benefits to jockeys and their dependents; eliminating an obsolete
provision concerning a special trust fund; providing that the
Racing Commission may use current funds to pay for previously
incurred obligations; certain receipts from all thoroughbred and
greyhound racetracks be divided on a pro rata basis between those
racetracks; and modifying a current Treasury account to include
funds for greyhound adoption, spaying and neutering.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 337) contained in the preceding report from the Committee on Finance 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. 373, Creating Caregivers Consent Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 373 (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 §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5, §49-
11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to
establishing the Caregivers Consent Act; definitions; caregiver's
consent for minor's health care; duty of health care facility or
practitioner; affidavit of caregiver consent; revocation or
termination of consent; good faith reliance on affidavit;
exceptions to applicability; criminal penalty for false statement;
and rule-making authority.
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
Com. Sub. for Senate Bill No. 597 (originating in the
Committee on Health and Human Resources), 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 Com. Sub. for Senate Bill No. 597 (originating
in the Committee on the Judiciary)--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
any ultrasound image utilized prior to and in conjunction with the
abortion procedure of a live fetus without a fatal anomaly before
performance of an elective abortion procedure.
With the recommendation that the committee substitute for
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. 597) 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. 649, Establishing motor vehicle search
criteria.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 649 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto two new sections,
designated §62-1A-10 and §62-1A-11, all relating to requiring
written or oral recordation of permission for consent searches of
motor vehicles by law-enforcement officers; exceptions to
recordation requirement; establishing criteria and content of
officers oral or written statement to persons whose vehicles may be
searched; and requiring rules.
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. 664, Relating to duties of protected person's
guardian.
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. 664) 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. 688, Appraising certain rental housing
property for ad valorem property tax purposes.
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. 688) 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. 695, Relating to dog and cat rabies'
vaccination.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Chafin.
On motion of Senator Chafin, leaves of absence for the day
were granted Senator Caruth, Guills and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, March 1, 2010, at 11 a.m.
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