sdj-48th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-EIGHTH DAY
____________
Charleston, W. Va.,
Monday, March 30, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Cameron Harkness, Marlinton
Presbyterian Church, Marlinton, West Virginia. Montclaire String
Quartet of the West Virginia Symphony Orchestra then proceeded in
the playing of "The West Virginia Hills".
Pending the reading of the Journal of Friday, March 27, 2009,
On motion of Senator White, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2072--A Bill to amend and
reenact §33-13A-2 of the Code of West Virginia, 1931, as amended,
relating to variable premium adjustable life insurance policies
with either fixed accounts or variable accounts; and requiring that the Insurance Commissioner propose a legislative rule requiring
annual disclosure to policyholders of information regarding their
accounts.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2218--A Bill amend and
reenact article 8, chapter 64 of the Code of West Virginia, 1931,
as amended, all relating generally to the promulgation of
administrative rules by the Department of Transportation;
legislative mandate or authorization for the promulgation of
certain legislative rules by various executive or administrative
agencies of the Department of Transportation; authorizing certain
of the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register; authorizing
certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee; authorizing certain of
the agencies to promulgate certain legislative rules as amended by
the Legislature; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee and
as amended by the Legislature; authorizing the Division of Motor
Vehicles to promulgate a legislative rule relating to collection on
the tax on the sale of a vehicle; authorizing the Division of Motor Vehicles to promulgate a legislative rule relating to the denial,
suspension, revocation, restriction or nonrenewal of driving
privileges; authorizing the Commissioner of Highways to promulgate
a legislative rule relating to the transportation of hazardous
wastes upon the roads and highways; and authorizing the
Commissioner of Highways to promulgate a legislative rule relating
to the use of state road rights of way and adjacent areas.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2222--A Bill to amend and
reenact article 6, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Military Affairs and
Public Safety and the procedures relating thereto; legislative
mandate or authorization for the promulgation of certain
legislative rules by various executive or administrative agencies
of the Department of Military Affairs and Public Safety;
authorizing certain of the agencies to promulgate certain
legislative rules in the form that the rules were filed in the
State Register; authorizing certain of the agencies to promulgate
certain legislative rules with various modifications presented to
and recommended by the Legislative Rule-Making Review Committee;
authorizing certain of the agencies to promulgate certain
legislative rules as amended by the Legislature; authorizing certain of the agencies to promulgate certain legislative rules
with various modifications presented to and recommended by the
Legislative Rule-Making Review Committee and as amended by the
Legislature; authorizing the Regional Jail and Correctional
Facility Authority to promulgate a legislative rule relating to
criteria and procedures for determination of projected cost per day
for inmates incarcerated in regional jails operated by the
Authority; authorizing the Fire Commission to promulgate a
legislative rule relating to the standards for the certification
and continuing education of municipal, county and other public
building code officials, building code inspectors and plans
examiners; and authorizing the State Fire Marshal to promulgate a
legislative rule relating to the supervision of fire protection
work.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2241--A Bill to amend and
reenact §18B-14-10 of the Code of West Virginia, 1931, as amended,
relating to credit card solicitation on college campuses; and
providing a civil penalty for violations.
Referred to the Committee on Education.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2407--A Bill to amend and
reenact §25-1-3a and §25-1-3b of the Code of West Virginia, 1931,
as amended, all relating to trustee accounts and funds; providing
for disposition of certain earnings and personal property of
inmates; and authorizing uses of moneys in the inmate benefit fund.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2464--A Bill to amend and
reenact §3-3-2a of the Code of West Virginia, 1931, as amended,
relating to early voting and authorizing county commissions to
designate voting locations other than the county courthouse or
annex of the courthouse; and requiring the Secretary of State to
propose legislative and emergency rules,
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2569--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §49-5B-5a, relating to creating the Juvenile
Services Reimbursement Offender Fund.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2621--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §17C-14-15, relating to establishing the
offense of unlawful use of a wireless communication device while
operating a motor vehicle on a street or highway; providing
exceptions and conditions for certain lawful uses; definitions;
misdemeanor criminal penalties; and limitation of enforcement.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2660--A Bill to amend and
reenact §33-25D-2 of the Code of West Virginia, 1931, as amended,
relating to prepaid limited health service organizations; and
adding dental, vision, pharmaceutical and podiatric services to
those services that may be offered by prepaid limited health
service organizations.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2885--A Bill to amend and reenact §16-1A-1, §16-1A-3 and §16-1A-4 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto two new sections, designated §16-1A-5 and §16-1A-6, all
relating to establishing a uniform credentialing form and
establishing a single Credentialing Verification Organization (CVO)
in the state; authorizing the insurance commission and the
Department of Health and Human Services to put the CVO out for bid;
establishing various aspects of the CVO program; establishing time
frames for credentialing; and requiring all health care
practitioners and insurers, hospitals, third party administrators
and other health care entities to use the CVO and the credentialing
form and continuing the advisory committee established to create
the credentialing form and to provide a review of the CVO and make
recommendations for improvement.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2926--A Bill to amend and
reenact §3-5-4 of the Code of West Virginia, 1931, as amended; and
to amend said code by adding thereto two new sections, designated
§7-1-1b and §7-1-15, all relating to establishing a procedure for
challenging a candidate's qualifications for elected office; and
setting forth qualifications for county commissioners.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3082--A Bill to amend the
Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §31A-2-4c; to amend said code by adding thereto
a new section, designated §38-1-8a; to amend said code by adding
thereto a new section, designated §44-13-4a; and to amend and
reenact §59-1-10 of said code, all relating to the gathering and
reporting of foreclosure data and statistics; providing for the
gathering and reporting of information pertaining to sales of
residential real estate pursuant to deeds of trust; providing for
the compilation and filing of data by trustees with the report of
sales filed with the county clerks; providing for the periodic
forwarding of gathered information to the Commissioner of Banking;
identifying the minimum information to be provided; providing for
fees to be paid for receipt and processing of the filed
information; providing for the reporting of foreclosure statistics
by the Commissioner of Banking; and authorizing the Commissioner of
Banking to establish appropriate forms and filing requirements and
procedures by rule.
Referred to the Committee on Banking and Insurance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3189--A Bill to amend and reenact §4-8-1
of the Code of West Virginia, 1931, as amended, relating to adding
members to the Capitol Building Commission.
At the request of Senator Chafin, and by unanimous consent,
reference of the bill to a committee was dispensed with, and it was
taken up for immediate consideration, read a first time and ordered
to second reading.
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. 3192--A Bill to amend and reenact §5-1-20
of the Code of West Virginia, 1931, as amended, relating to
requiring reports to the Governor from state agencies to be made
available electronically via the Internet.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3196--A Bill finding and
declaring certain claims against the state and its agencies to be
moral obligations of the state; and directing the Auditor to issue
warrants for the payment thereof.
Referred to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 3208--A Bill to amend and
reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to
amend and reenact §18-4-1 and §18-4-4 of said code; and to amend
and reenact §18-5-1a of said code, all relating to reporting hours
of certain training of county board members on county report card;
appointment of interim county superintendent to fill vacancy;
interim term; appointment of acting county superintendent in cases
of incapacitation; acting term; certification to state
superintendent; deadline for setting annual compensation of county
superintendent; and county board member training standards review
committee appointment, duties and expenses.
Referred to the Committee on Education; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3340--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-1D-10, relating to entry into a data state compact
among the Higher Education Policy Commission, Council for Community
and Technical College Education and State Board of Education;
authorizing disclosures of information among the parties; requiring
that personal privacy laws be obeyed and security measures and
procedures be developed; and setting forth requirements for data
sharing arrangements with research organizations.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 322, Exempting certain life insurance policies
from Medicaid assignment.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 373, (originating in the
Committee on Education), Relating to PROMISE Scholarship.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 373 (originating
in the Committee on Finance)--A Bill to amend and reenact §18C-1-1
and §18C-1-5 of the Code of West Virginia, 1931, as amended; to
amend and reenact §18C-7-3, §18C-7-4, §18C-7-5, §18C-7-6, §18C-7-7
and §18C-7-8 of said code; and to amend and reenact §29-22-18a of
said code, all relating to student financial aid resources and programs; reconstituting the Higher Education Student Financial Aid
Advisory Board; providing for member appointments; setting forth
member qualifications and terms of office; setting forth duties of
the advisory board; dissolving the PROMISE Scholarship Board and
transferring its powers and duties to the Higher Education Policy
Commission and under the oversight of the Vice Chancellor for
Administration; requiring the vice chancellor to submit an annual
report; defining terms; authorizing investment of certain funds
with the West Virginia Investment Management Board; raising by two
percent the aggregate percentage amount the Legislature should
allocate to PROMISE scholarship program; setting a minimum amount
for the PROMISE scholarship annual award and authorizing the Higher
Education Policy Commission to provide annual awards greater than
the minimum under certain circumstances if funds are available;
providing conditions under which PROMISE scholarship annual awards
are continued to certain students under certain circumstances;
clarifying that a PROMISE scholarship may supplement certain
tuition and fee waivers; authorizing the Higher Education Policy
Commission to promulgate rules; and increasing funding allocated
from the State Excess Lottery Revenue Fund by $2 million.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 373)
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
Com. Sub. for Senate Bill No. 398 (originating in the
Committee on Transportation and Infrastructure), Imposing certain
restrictions on graduated driver's licenses.
And reports back a committee substitute for same with the
following title:
Com.
Sub. for Com. Sub. for Senate Bill No. 398 (originating
in the Committee on the Judiciary)--A Bill
to amend and reenact
§17B-2-3a of the Code of West Virginia, 1931, as amended, relating
to imposing certain restrictions on a graduated driver's license to
increase public safety; and imposing criminal penalties for
violations of this section.
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 Com. Sub. for S. B. No. 398)
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
Com. Sub. for Senate Bill No. 414 (originating in the
Committee on Health and Human Resources), Relating to health care
delivery systems.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 414 (originating
in the Committee on Finance)--A Bill to repeal §5-16-7b of the Code
of West Virginia, 1931, as amended; to repeal §5-16C-1, §5-16C-2,
§5-16C-3, §5-16C-4, §5-16C-5, §5-16C-6, §5-16C-7, §5-16C-8,
§5-16C-9 and §5-16C-10 of said code; to repeal §5A-3-1a of said
code; to repeal §5A-3C-1, §5A-3C-2, §5A-3C-3, §5A-3C-4, §5A-3C-5,
§5A-3C-6, §5A-3C-7, §5A-3C-8, §5A-3C-9, §5A-3C-10, §5A-3C-11,
§5A-3C-12, §5A-3C-13, §5A-3C-14, §5A-3C-15, §5A-3C-16 and §5A-3C-17
of said code; to amend and reenact §5F-2-5 of said code; to amend
and reenact §16-2J-2 of said code; to amend said code by adding
thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3,
§16-2L-4 and §16-2L-5; to amend and reenact §16-29H-1, §16-29H-2,
§16-29H-3, §16-29H-4 and §16-29H-5 of said code; and to amend said
code by adding thereto sixteen new sections, designated §16-29H-6,
§16-29H-7, §16-29H-8, §16-29H-9, §16-29H-10, §16-29H-11, §16-29H-
12, §16-29H-13, §16-29H-14, §16-29H-15, §16-29H-16, §16-29H-17, §16-29H-18, §16-29H-19, §16-29H-20 and §16-29H-21, all relating
generally to the creation of the Governor's Office of Health
Enhancement and Lifestyle Planning; setting forth legislative
findings; setting forth the powers and duties of the office;
transferring the powers and duties of the Pharmaceutical Cost
Management Council to the office; creating the position of
director; setting forth the qualifications of the director; setting
forth the powers and duties of the director; providing for staff;
requiring the development of a five-year strategic plan; providing
for legislative rule-making authority; providing for coordination
with various state agencies, departments, boards, bureaus and
commissions; requiring reporting to the Governor and the
Legislature; establishing pilot projects for patient-centered
medical homes; setting forth legislative findings; defining terms;
evaluating existing medical home pilot programs; establishing
criteria for pilot projects for patient-centered medical homes;
defining four types of pilot projects; setting forth evaluation
criteria; and granting rule-making authority.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 414)
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 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. 451, Relating to crime victims'
compensation awards.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 465, Clarifying certain Real Estate Division's
powers.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 465 (originating in the
Committee on Finance)--A Bill to amend and reenact §5A-10-1,
§5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6 and §5A-10-9 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §5A-10-12 and §5A-10-13, all relating to the Real Estate Division of the
Department of Administration and the powers and duties of acquiring
and disposing of real property, contracting for third-party real
estate services and billing spending units for the actual costs of
such third-party services; excepting the deposit of revenues
derived from wireless communication tower leases on property
subject to a pledge of its revenues in connection with a bond issue
into the General Revenue Fund; and creating a special revenue fund
for the acquisition of real property and payment of associated
costs.
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. 465) 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
Com. Sub. for Senate Bill No. 534 (originating in the
Committee on Government Organization), Authorizing Chief Technology
Officer obtain certain confidential information.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 534 (originating
in the Committee on the Judiciary)--A Bill
to amend and reenact
§5A-6-8 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §5A-7-11 of said code, all relating to the Chief
Technology Officer; exempting the State Police from providing
information to the Chief Technology Officer; authorizing the Chief
Technology Officer to receive confidential records and have access
to a state agency's database containing confidential information;
requiring the information be safeguarded; and penalties.
With the recommendation that the committee substitute 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 Com. Sub. for S. B. No. 534)
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
Com. Sub. for Senate Bill No. 600, Relating to coal
reclamation tax.
Now on second reading, having been read a first time and referred to the Committee on Finance on March 27, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 645, Relating to municipalities and counties
issuing bonds.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 724 (originating in the
Committee on Health and Human Resources), Relating to health care
provider tax.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 724 (originating
in the Committee on Finance)--A Bill to amend and reenact §11-27-16
of the Code of West Virginia, 1931, as amended, relating to the
health care provider tax; providing a definition of the term
"physicians' services"; and specifying legislative intent as to
activities that qualify as physicians' services.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 724)
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. 749, Reviewing certain driver's license DUI
revocation orders.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 749 (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; and to amend and reenact §17C-5A-1a, §17C-5A-2 and §17C-5A-2a of said code, all
relating generally to means of reviewing driver's license
revocation orders for driving a motor vehicle while under the
influence of alcohol, controlled substances or drugs.
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. 749) 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. 49 (originating in the
Committee on Finance)--
Requesting the Joint Committee on Government
and Finance study the various benefits of authorizing the
establishment of charter schools.
Whereas, Charter schools are publicly funded elementary,
middle grade or high schools that are exempt from many of the laws
and regulations applicable to traditional public schools; and
Whereas, The first charter school law was passed in Minnesota
in 1991; and
Whereas, Thirteen of the 16 Southern Regional Education Board states authorize charter schools, with only Alabama, Kentucky and
West Virginia not allowing charter schools; and
Whereas, According to a policy alert published by the Center
for Education Reform in February, 2007, only 10 states nationally
do not allow charter schools; and
Whereas, Laws that grant charter schools maximum autonomy and
provide multiple sponsoring entities are referred to as strong and
legislation that grants charter schools less autonomy and a more
limited number of sponsoring entities is referred to as weak; and
Whereas, During the fall of 2008, there were more than 4,500
charter schools serving more than 1.3 million students in the U.
S.; and
Whereas, Charter schools can enhance the quality of other
public schools, both through competition and through the
replication of successful practices in other public schools;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the various benefits of authorizing the
establishment of charter schools; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Barnes, and by unanimous consent,
the Senate returned to the second order of business and the
introduction of guests.
The Senate proceeded to the sixth order of business, which
agenda includes the making of main motions.
On motion of Senator Chafin, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2795, Creating a special
hunting and fishing license for persons with a life-threatening
condition who are under twenty-one years of age.
Passed by the Senate on Friday, March 27, 2009,
The bill now being in the possession of the Senate,
On motion of Senator Chafin, the Senate reconsidered the vote
as to the passage of the bill.
The vote thereon having been reconsidered,
At the request of Senator Laird, unanimous consent was granted
to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Laird, the following amendment to the bill was reported by the Clerk and adopted:
On page two, section forty-six-f, line two, after the word
"Virginia" by inserting the words "and nonresidents, as permitted
in subsection (e) of this section,".
The bill, as just amended, was again ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
2795) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2795) 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 seventh order of business.
Senate Concurrent Resolution No. 14, Authorizing issuance of
revenue bonds to provide capital improvements for state colleges
and universities.
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 48, Requesting Division of
Highways name bridge in Mercer County "Corporal Ray B. Cheatwood,
Jr., 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. 15, Limiting certain parks
and recreation entities' liability.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 15) 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. 56, Awarding National Board
for Professional Teaching Standards salary bonus to certain
teachers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 56) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 56) takes effect July 1, 2009.
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. 286,
Expanding prepaid limited health service organizations services.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 333, Basing school nurse
ratio on total net enrollment.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Barnes, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motions of Senators Helmick and Barnes, the
following amendment to the bill was reported by the Clerk and
adopted:
On page three, section twenty-two, line eighteen, after the
word "That" by inserting the words "a county board may contract
with a public health department for services considered equivalent
to those required by this section in accordance with a plan to be approved by the state board: Provided further, That".
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Senate Bill No. 333 was
then read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 333) passed.
On motion of Senator Helmick, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 333--A Bill to amend and
reenact §18-5-22 of the Code of West Virginia, 1931, as amended,
relating to basing school nurse ratio on total net enrollment
instead of only kindergarten through seventh grade net enrollment.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 333) takes effect July 1, 2009.
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. 419, Creating Healthy
Lifestyles Restaurant Calorie Posting Program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 419 pass?"
On this question, the yeas were: Browning, Edgell, Foster,
Green, Jenkins, Kessler, Laird, McCabe, Palumbo, Prezioso, Snyder,
Stollings, Wells and Tomblin (Mr. President)--14.
The nays were: Barnes, Boley, Bowman, Caruth, Chafin, Deem,
D. Facemire, K. Facemyer, Guills, Hall, Helmick, Minard, Oliverio,
Plymale, Sypolt, Unger, White, Williams and Yost--19.
Absent: Fanning--1.
So, a majority of all the members present and voting not
having voted in the affirmative, the President declared the bill
(Eng. Com. Sub. for S. B. No. 419) rejected.
Eng. Senate Bill No. 450, Allowing Public Employees Insurance
Agency enter into capitated provider arrangements.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and
resumed business under the eighth order.
Eng. Com. Sub. for Senate Bill No. 461, Extending selenium
effluent limits compliance time.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: White--1.
Absent: Fanning--1.
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. 461) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for Senate Bill No. 461--A Bill to amend and
reenact §22-11-6 of the Code of West Virginia, 1931, as amended,
relating to extending the time for compliance with selenium
effluent limits; requiring a certain comprehensive study; and
filing a report with Joint Committee on Government and Finance.
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. 470,
Regulating all-terrain vehicles on Hatfield-McCoy Trail.
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: Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: Barnes--1.
Absent: Fanning--1.
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. 470) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 483, Creating Caregivers Consent Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 483) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 490, Authorizing Mercer County Commission
appoint emergency operations center board.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 490) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 490) 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. 495, Authorizing Insurance Commissioner
permit certain groups life insurance policies.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 495) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 515, Creating Uniform Adult Guardianship
and Protective Proceedings Jurisdiction Act.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 515) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 519, Authorizing Governor institute
employee furlough program.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: White--1.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 519) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: White--1.
Absent: Fanning--1.
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. 519) takes effect July 1, 2009.
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. 533, Updating terms in
consumers sales and service tax.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: D. Facemire--1.
Absent: Fanning--1.
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. 533) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, K. Facemyer, Foster, Green,
Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: D. Facemire--1.
Absent: Fanning--1.
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. 533) takes effect from passage.
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. 554, Requiring sex offender
registry fee.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 554) 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. 573, Continuing
Pharmaceutical Cost Management Council as advisory council.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 573) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 573) takes effect from passage.
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. 575, Relating
to gaming operations at historic resort hotel.
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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: Boley--1.
Absent: Fanning--1.
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. 575) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Bowman, Browning,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: Boley--1.
Absent: Fanning--1.
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. 575) 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. 595, Relating to assignment of child
support obligations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 595) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Senate Bill No. 595--A Bill to amend and reenact §9-3-4
of the Code of West Virginia, 1931, as amended, relating to the assignment of child support; and replacing antiquated language.
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. 612, Relating to willful
nonpayment of child support.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 612) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 632, Requiring insurers share certain
information with Bureau for Medical Services.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 632) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 636, 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, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 636) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 636) 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. 760, Authorizing Supreme Court to develop
pilot pre-trial release programs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 760) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 142, Relating to Tourism
Development Act.
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. 172, Authorizing Department of
Administration promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 282, Relating to
retail liquor licenses' classification.
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. 326, Mandating certain dental
anesthesia insurance coverage.
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. 327, Relating to mini-trucks
registration and operation.
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. 408, Relating to model health
plan for uninsurable individuals.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 430, Prohibiting premium subsidies for certain
public employees.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 431, Providing in-state medical providers
notice of small group health benefit plan.
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. 439, Permitting State Police
Superintendent consult with Insurance Commissioner.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 442, Requiring
State Auditor perform delinquent land sales paper processing
responsibilities.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 452, Relating to Public Employees Insurance
Agency underwriting nonstate employer groups.
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. 484, Relating to ad valorem property taxes.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 488, Requiring parental consent for minor
using tanning facility.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 492, Clarifying certain Public Employees
Insurance Agency retirement requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 507, Relating to Clean Coal Technology
Council's powers and duties.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and
resumed consideration of the remainder of its second reading
calendar, the next bill coming up in numerical sequence being
Com. Sub. for Senate Bill No. 513, Relating to hiring,
termination, transfer and reassignment of school personnel.
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 thirty-nine, section seven-a, line forty-two, by
striking out the words "a written and/or" and inserting in lieu
thereof the word "an".
The bill (Com. Sub. for S. B. No. 513), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 532, Creating WV
SAFE Mortgage Licensing Act.
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. 561, Requiring county land
surveyors be licensed.
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. 585, Limiting amount of free
residential solid waste disposal.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 610, Relating to Film Industry Investment Act.
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. 613, Clarifying coalbed methane
notice requirements.
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 private property
owner to prohibit concealed weapons.
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. 649, Increasing Capitol Building
Commission membership.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 658, Authorizing Auditor and
Treasurer contract emergency banking services.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 666, Relating to community enhancement
districts.
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. 672, Creating Mental Health
Stabilization Act of 2009.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Kessler, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section nine-a, lines twenty-nine and thirty,
after the word "appropriations" by inserting in the words "by the Legislature to increase reimbursement rates for behavioral health
clinic and rehabilitation services as provided for in this act";
And,
On page three, section nine-a, line thirty-two, after the word
"dollars" by inserting the words "attributable thereto".
The bill (Com. Sub. for S. B. No. 672), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 674, Requiring Division of
Personnel Director develop demographic information survey.
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. 693, Authorizing processing fee
to be used for Secretary of State's technology projects.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 695, Relating to payment for
certain state employees' unused sick leave.
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. 702, Changing workers'
compensation purchase date deadline for governmental entities.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Com. Sub. for Senate Bill No. 706, Creating State Police leave
donation program.
On second reading, coming up in regular order, was read a
second time.
On motion of Senator Bowman, the following amendments to the
bill were reported by the Clerk, considered simultaneously, and
adopted:
On page two, section fifty-three, line fifteen, after the word
"including" by striking out the comma and the words "but not
limited to";
On page three, section fifty-three, line sixteen, after the
word "members;" by striking out the remainder of the paragraph and
inserting in lieu thereof the words "and (2) the legislative
session and legislative meetings.";
On page three, section fifty-three, line thirty-five, after
the word "member" by inserting the words "of the West Virginia
State Police Retirement System";
And,
On page four, section fifty-three, line forty-two, after the
word "time" by changing the period to a colon and adding the
following proviso: Provided further, That if the president of the
association, or his or her designee, is a member of the West
Virginia State Police Death, Disability and Retirement Fund, he or
she may not receive service credit for time spent serving as
president or the president's designee.
The bill (Com. Sub. for S. B. No. 706), as amended, was then ordered to engrossment and third reading.
Senate Bill No. 719, Allowing certain police officers keep
weapon after retirement.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 753, Relating to land development ordinances.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 761, Relating to illegal entries upon certain
property.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 762, Relating to volunteer firefighters'
Length of Service Awards Program.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 763, Clarifying Racing Commission's authority
over certain thoroughbred race horses' registration.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 764, Providing race election results
certification procedure.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Senate Bill No. 63, Increasing deposit from State Excess
Lottery Revenue Fund to Higher Education Improvement Fund.
Com. Sub. for Senate Bill No. 227, Authorizing Department of
Revenue promulgate legislative rules.
Com. Sub. for Senate Bill No. 257, Creating nonvoting student
member position on county boards of education.
Com. Sub. for Senate Bill No. 271, Requiring write-in
candidates pay filing fee.
Com. Sub. for Senate Bill No. 274, Allowing county boards of
education enter into lease-purchase agreements.
Com. Sub. for Com. Sub. for Senate Bill No. 297, Creating
Alternative and Renewable Energy Portfolio Act.
Com. Sub. for Senate Bill No. 378, Relating to concealed
handgun license reciprocity.
Senate Bill No. 434, Relating to long-term care policy
insurance agents.
Senate Bill No. 435, Creating Learn and Earn Cooperative
Education Program.
Senate Bill No. 481, Requiring employers provide certain
documentation to Public Employees Insurance Agency.
Com. Sub. for Com. Sub. for Senate Bill No. 485, Requiring
certain students undergo dental examination.
Com. Sub. for Com. Sub. for Senate Bill No. 498, Relating to
early childhood education.
Com. Sub. for Senate Bill No. 592, Creating behavioral health service provider tax.
Senate Bill No. 620, Revising Municipal Economic Opportunity
Development District Act.
Com. Sub. for Com. Sub. for Senate Bill No. 638, Relating to
higher education capital facilities.
Senate Bill No. 680, Establishing 2010 calendar year average
motor fuel wholesale price.
Com. Sub. for Senate Bill No. 714, Relating to alternative
sentencing programs.
Com. Sub. for Senate Bill No. 715, Establishing Chesapeake Bay
Restoration Initiative.
And,
Com. Sub. for Senate Bill No. 740, Relating to obscene,
harassing and threatening communications via the internet.
At the request of Senator Chafin, and by unanimous consent,
the Senate returned 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 30th day of March, 2009, 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. 3083), Permitting blood donations by persons age
sixteen with parental consent.
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. 17 (originating in the Committee
on the Judiciary), Increasing certain Cultural Facilities and
Capitol Resources Matching Grant Program Fund allocations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 17 (originating in
the Committee on Finance)--A Bill to amend and reenact §29-22A-10
and §29-22A-10b of the Code of West Virginia, 1931, as amended, all
relating to the net terminal income allocated to the Development
Office Promotion Fund and the Cultural Facilities and Capitol
Resources Matching Grant Program Fund; and technical amendments.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 17)
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 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. 78 (originating in the Committee
on Transportation and Infrastructure), Relating to special license
plates.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 78 (originating in
the Committee on Finance)--A Bill to amend and reenact §17A-3-14 of
the Code of West Virginia, 1931, as amended, relating to extending
the time period for obtaining the minimum number of applications
for a special registration plate for members of the West Virginia
Bar Association; authorizing the Division of Motor Vehicles to
create and issue a Patriot Guard Riders license plate for passenger
vehicles and motorcycles; authorizing the division to create and
issue a special registration plate bearing the inscription "In God
We Trust"; authorizing the division to create and issue a special
license plate for registered nurses and licensed practical nurses;
authorizing the division to create and issue a special license
plate for volunteer firefighters; authorizing the division to
create and issue a special license plate for CAMC Women's and
Children's Hospital; authorizing the division to create and issue
a special license plate for "Friends of Coal"; and assessing a special initial application fee and a special annual fee for the
license plates.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 78)
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 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. 84, Authorizing municipalities
to provide free parking for certain veterans.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 27, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 246, Relating to unemployment
compensation generally.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 25, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 258, Clarifying local fiscal
bodies cannot be held liable for certain deficits.
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. 258) 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. 278, Creating felony offense of willful
failure to provide certain drug benefits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 278 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §33-15E-15
of the Code of West Virginia, 1931, as amended, relating to the
criminal offenses of collecting fees for a discount medical plan or
discount prescription drug plan and knowingly and willfully failing
to provide benefits of the plan; providing for an alternate
sentence upon conviction of the felony offense; and permitting the
cumulation of values of fees or premiums when the person fails to
provide benefits as part of a common scheme or plan.
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. 278) 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Com. Sub. for Senate Bill No. 440, Increasing county litter
control officers' authority.
And,
Senate Bill No. 635, Relating to Process for Improving
Education Council.
And reports the same back with the recommendation that they
each 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. No. 440 and S. B. No. 635)
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. 537, Relating to workers'
compensation.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
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
Senate Bill No. 552, Relating to affordable health insurance
plan proposals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 552 (originating in the
Committee on Banking and Insurance)--A Bill to repeal §33-15D-1,
§33-15D-2, §33-15D-3, §33-15D-4, §33-15D-5, §33-15D-6, §33-15D-7,
§33-15D-8, §33-15D-9, §33-15D-10 and §33-15D-11 of the Code of West
Virginia, 1931, as amended; to amend and reenact §33-16F-1, §33-
16F-2, §33-16F-3, §33-16F-4, §33-16F-5, §33-16F-6, §33-16F-7 and
§33-16F-8 of said code; and to amend said code by adding thereto
two new sections, designated §33-16F-9 and §33-16F-10, all relating
to health insurance; requiring the Insurance Commissioner to invite
carriers and other entities to submit proposals for affordable
health insurance plans; defining terms; specifying that plans do
not create an entitlement; establishing eligibility and standards
for such plans; providing for evaluation of the plans and reports
to the Legislature; providing for continuation of existing limited
benefit plans; and authorizing emergency legislative rules.
With the recommendation that the 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 S. B. No. 552) 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 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. 556, Relating to defensive driving course
points deduction.
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. 556) 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. 631, Relating to certain insurance policy
cancellation.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 631 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §33-6A-1
of the Code of West Virginia, 1931, as amended, relating to the
cancellation of an insurance policy for failure of consideration to
be paid by the insured upon initial issuance of the insurance
policy; requiring written notice to insured; and exceptions.
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. 631) 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
Com. Sub. for Senate Bill No. 634 (originating in the
Committee on Health and Human Resources), Relating to certain
volunteering physicians' liability.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 634 (originating
in the Committee on the Judiciary)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-26, relating to the liability of physicians,
osteopathic physicians, nurses, medical students and graduate
medical students who render services as volunteer health care
providers at youth camps and programs; limiting liability; and
providing exceptions.
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 Com. Sub. for S. B. No. 634)
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
Com. Sub. for Senate Bill No. 641, Disclosing solid waste
origins at commercial landfills.
And has amended samed.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 27, 2009;
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
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
Senate Bill No. 669, Extending Preventative Care Pilot
Program.
Now on second reading, having been read a first time and
referred to the Committee on Banking and Insurance on March 26,
2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
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. 671, Relating to WV Guardianship and
Conservatorship Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 671 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §44A-1-7,
§44A-1-9, §44A-1-10 and §44A-1-14 of the Code of West Virginia,
1931, as amended; to amend and reenact §44A-2-1, §44A-2-5,
§44A-2-6, §44A-2-7, §44A-2-12, §44A-2-13, §44A-2-13a, §44A-2-14 and
§44A-2-15 of said code; to amend and reenact §44A-3-11 of said
code; and to amend and reenact §44A-4-1 and §44A-4-5 of said code,
all relating to the West Virginia Guardianship and Conservatorship
Act; clarifying transfer of venue; clarifying the posting of bond
by conservators; authorizing the West Virginia Supreme Court of
Appeals to coordinate education program and update materials and
forms; expanding temporary protective orders to include freezing
accounts and producing records; increasing filing fee for
guardianship and conservatorship; transferring certain funds to the
Supreme Court; using additional fee for review of reports and
accountings by fiduciary commissioner or other person; clarifying
who can access case files; clarifying who is responsible for proper
service; clarifying duties and fees of appointed counsel;
clarifying when limited conservatorship is needed; clarifying
orders of the court and time of entry; authorizing appointment of
fiduciary commissioner or other person to review reports; creating
a notice of appointment to be filed with the clerk of the county
commission; increasing temporary guardianships and conservatorships
to six months; clarifying procedure for subsequent petitions;
clarifying time frame for reports and accountings; increasing penalties for failure to file reports and accountings; reporting
elder abuse; clarifying when appointments terminate; clarifying
duties of guardian and conservator subsequent to death of protected
person; and making technical corrections.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffery V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 671) 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. 677, Requiring certain corporations provide
members' and managers' names upon request.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 677 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31B-3-303a; to amend said code by adding thereto a new
section, designated §31D-8-860a; to amend said code by adding
thereto a new section, designated §31E-8-813; and to amend said code by adding thereto a new section, designated §47B-3-3a, all
relating to requiring any partnership, limited liability company,
nonprofit corporation or business corporation conducting business
in this state and receiving funds from this state to provide to the
Secretary of State for posting on the secretary's website the names
of its partners, board of directors or whomever is vested with the
management of the affairs of the particular entity by whatever name
they may be called and the names of the partners, board of
directors or whomever is vested with the management of the affairs
of the particular entity by whatever name they may be called of its
parent organization, if any, as is applicable to the particular
entity; and ceasing of funding for failure to comply.
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. 677) 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 Bill No. 698, Authorizing certain regional water and
wastewater authorities provide joint maintenance to participating agencies.
Now on second reading, having been read a first time and
referred to the Committee on Finance on March 26, 2009;
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. 756, Increasing military facilities security
guards' patrol areas.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on March 25,
2009;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 766 (originating in the Committee on
Government Organization)--A Bill to amend and reenact §5G-1-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§31-15A-2 and §31-15A-15; and to amend said code by adding thereto
a new section, designated §31-15A-15a, all relating to the
procurement of engineering services for sewer and water
infrastructure projects funded by the Infrastructure and Jobs
Development Council; defining certain terms; prohibiting the state
or its subdivisions from contracting with a person or firm to
provide engineering services for a project or infrastructure
project unless such person or firm has been qualified by the
Infrastructure and Jobs Development Council; setting forth a
process for the qualification of persons or firms to provide
engineering services for projects or infrastructure projects;
requiring the state or its subdivisions to notify the
Infrastructure and Jobs Development Council of proposed contracts
for engineering services; prohibiting the state or its political
subdivisions from entering into a contract for engineering services
for a project or infrastructure project that has not been approved
by the applicable technical review committee; providing for the
administration of local sewer and/or water infrastructure projects
by regional councils; and providing for legislative rulemaking.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (S. B. No. 766) contained in the preceding report
from the Committee on Government Organization was taken up for
immediate consideration, read a first time and ordered to second
reading.
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 Concurrent Resolution No. 21, Requesting Joint
Committee on Government and Finance study reclassifying counties.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
The Senate again proceeded to the sixth order of business.
Petitions
Senator Jenkins presented a petition from James L. Keener and
thirteen Brooke County residents, supporting Senate Joint
Resolution No. 7 (
Proposing amendment to Constitution designated
Marriage Protection Amendment) and Senate Joint Resolution No. 12 (
Proposing amendment to Constitution designated Marriage Protection
Amendment).
Referred to the Committee on the Judiciary.
Senator Stollings presented a petition from Samantha Cadle and
numerous Boone County residents, opposing Committee Substitute for
House Bill No. 2027 (
Creating an excise tax on methadone).
Referred to the Committee on Finance.
At the request of Senator Helmick, the Senate returned to the
consideration of
Com. Sub. for Com. Sub. for Senate Bill No. 373, Relating to
PROMISE Scholarship.
Having been received as a report from the Committee on Finance
and taken up for immediate consideration, read a first time and
ordered to second reading in earlier proceedings today.
On motion of Senator Helmick, the bill was rereferred to the
Committee on Finance.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Fanning.
Pending announcement of meetings of standing committees of the
Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, March 31, 2009, at 11 a.m.
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