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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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