sdj-48th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FORTY-EIGHTH DAY
____________
Charleston, W. Va., Monday, March 1, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Keith Reed, Cook Memorial Baptist
Church, Pineville, West Virginia.
Pending the reading of the Journal of Friday, February 26,
2010,
On motion of Senator Yost, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
Thereafter, at the request of Senator Jenkins, and by
unanimous consent, the remarks by Senator Plymale as to the
introduction of Michael Midkiff, Research Manager, Legislative
Performance Evaluation and Research Division, were ordered printed
in the Appendix to the Journal.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of
Delegates amended title, to take effect from passage, and requested
the concurrence of the Senate in the House of Delegates amendments,
as to
Eng. Senate Bill No. 477, Creating centralized filing system
for legislative reports.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the provisions of Engrossed Committee
Substitute for House Bill No. 4328;
And,
By striking out the title and substituting therefor a new
title, to read as follows:
Eng. Senate Bill No. 477--A Bill to amend and reenact §4-1-23
of the Code of West Virginia, 1931, as amended, relating to reports
to be filed with the Legislature; requiring copies of the reports
to be submitted to the Legislative Librarian; requiring the copies
to be submitted as required by the Legislative Manager or in
electronic form via the internet; and providing that failure to
comply is nonfeasance.
On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Senate Bill No. 477, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 477) passed with its House of Delegates amended title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. S.
B. No. 477) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Senate Bill No. 548, Extending time Boone County Board of
Education can meet as levying body.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect July 1, 2010, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2967--A Bill to amend and
reenact §18A-4-2a and §18A-4-2b of the Code of West Virginia, 1931,
as amended, all relating to national certification of teachers and
professional personnel generally; continuing salary bonus for
renewed National Board of Professional Teaching Standards
Certificates; providing for reimbursement of renewal fees;
continuing bonus eligibility if a holder accepts employment as
principal or in another school or board level instructional
leadership position; and continuing the salary supplement for
nationally-certified professional personnel.
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. 3301--A Bill to amend and
reenact §21-1B-5 and §21-1B-7 of the Code of West Virginia, 1931,
as amended, and to further amend said code by adding thereto a new
section, designated §21-1B-8, all relating to employment of
unauthorized workers; creating a penalty for failure to maintain
certain records; authorizing the Commissioner to issue notices to
produce records and citations under certain circumstances; and
requiring such citations to be presented to a magistrate or circuit
judge.
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 July 1, 2010, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4031--A Bill to amend and
reenact §18-9A-8a of the Code of West Virginia, 1931, as amended,
relating to the maximum foundation allowance for regional education
service agencies.
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. Com. Sub. for House Bill No. 4081--A Bill 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 State Police to promulgate legislative
rules relating to West Virginia State Police Career Progression
System (81 CSR 3) and carrying of handguns by retired or medically
discharged members (81 CSR 6); authorizing the Fire Commission to
promulgate legislative rules relating to the state fire code (87
CSR 1) and state building code (87 CSR 4); authorizing the Division of Corrections to promulgate legislative rules relating to the
recording of inmate telephone calls (90 CSR 5) and the monitoring
of inmate mail (90 CSR 7); authorizing the Division of Homeland
Security and Emergency Management to promulgate a legislative rule
relating to industrial accident rapid response (170 CSR 2).
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4162--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-24-11c, relating to providing a tax credit for
obtaining certain certifications by the United States Green
Building Council Leadership in Energy and Environmental Design
(LEED) green building rating system or the Green Globes Building
Initiative green building rating standard; setting forth the amount
of the credit; establishing who may take the credit; establishing
the amount of the credit; establishing the criteria for taking the
credit; providing rulemaking authority; and defining terms.
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. 4168--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §16-5V-9a, relating to the Emergency Medical
Services Retirement System; and authorizing the purchase of
previous service of eligible emergency medical service officers who
transferred into the Emergency Medical Services Retirement System
from the Public Employees Retirement System (PERS).
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4182--A Bill to amend and
reenact §16-5V-2, §16-5V-6, §16-5V-7, §16-5V-8, §16-5V-18, §16-5V-
19, §16-5V-20 and §16-5V-21 of the Code of West Virginia, 1931, as
amended, all relating to the emergency medical services retirement
system act; modifying definitions; making technical changes;
procedures for the transfer of contributions; clarifying actuarial
valuation period; clarifying employer contribution amount;
specifying procedures for the correction of errors; providing onset
date for receipt of disability benefits; and providing for the
termination of disability benefits when a retirant refuses to
submit to a medical examination or provide certification from a
physician of continued disability.
Referred to the Committee on Pensions; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4185--A Bill amend and
reenact §7-14-17 of the Code of West Virginia, 1931, as amended,
relating to mandatory retirement age of deputy sheriffs; and
authorizing continued employment beyond age sixty-five years if
approved in writing by the sheriff.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 4186--A Bill to amend and
reenact §16-1-7 of the Code of West Virginia, 1931, as amended; to
amend and reenact §30-25-1, §30-25-2, §30-25-3, §30-25-4, §30-25-5,
§30-25-6, §30-25-7, §30-25-8, §30-25-9, §30-25-10 and §30-25-11 of
said code; and to amend said code by adding thereto five new
sections, designated §30-25-12, §30-25-13, §30-25-14, §30-25-15 and
§30-25-16, all relating to the practice of nursing home
administration; continuing the West Virginia Nursing Home
Administrators Licensing Board; prohibiting the practice of nursing
home administration without a license; providing other applicable sections; providing definitions; providing for board composition;
setting forth the powers and duties of the board; clarifying
rulemaking authority; continuing a special revenue account;
establishing license requirements; providing for licensure for
persons licensed in another state; establishing renewal
requirements; providing permit requirements; requiring display of
license; setting forth grounds for disciplinary actions; allowing
for specific disciplinary actions; providing procedures for
investigation of complaints; providing for judicial review and
appeals of decisions; setting forth hearing and notice
requirements; providing for civil causes of action; providing
criminal penalties and providing that a single act is evidence of
practice.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4455--A Bill to amend and
reenact chapter 83, Acts of the Legislature, regular session, 1970,
relating to changing the Martinsburg Public Library to the
Martinsburg-Berkeley County Public Library; and to create a library
board with the power to operate the said public library.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4521--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §11-15-9n, relating to creating a sales tax holiday for
purchases of firearms during the first weekend in October.
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. 4557--A Bill to amend and
reenact §16-29E-5 of the Code of West Virginia, 1931, as amended,
relating to the Legislative Oversight Commission on Health and
Human Resource Accountability reviewing all of the Department of
Health and Human Resources requests for proposals or change orders
valued at over $500,000 prior to their release.
Referred to the Committee on Health and Human Resources; 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. 4559--A Bill to amend and reenact §30-19-8
of the Code of West Virginia, 1931, as amended, relating to the requirements to be certified as a registered forester.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. House Bill No. 4582--A Bill to amend and reenact §5A-3-37
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto a new section, designated §5A-3-59, all
relating generally to small, women and minority-owned businesses.
Referred to the Committee on Finance.
Executive Communications
Senator Tomblin (Mr. President) laid before the Senate the
following communication from His Excellency, the Governor,
submitting the annual probation and parole report, which was
received:
STATE OF WEST VIRGINIA
OFFICE OF THE GOVERNOR
CHARLESTON
February 25, 2010
Executive Message No. 2
The Honorable Earl Ray Tomblin
President, West Virginia Senate
State Capitol
Charleston, West Virginia
Dear Mr. President:
As empowered by article seven, section eleven of the
Constitution of West Virginia and section sixteen, article one,
chapter five of the Code of West Virginia, I extended clemency to
the persons named on the attached report. I submit this report in
accordance with the above-cited provisions for the period April 8,
2009, through February 25, 2010.
Very truly yours,
Joe Manchin III,
Governor.
PARDONS AND MEDICAL RESPITES GRANTED
BY GOVERNOR JOE MANCHIN III
FOR THE PERIOD APRIL 8, 2009,
THROUGH FEBRUARY 25, 2010
Taylor, Bernard Lee, Sr.
Decided September 18, 2009
In 1980, Bernard Lee Taylor, Sr., pled guilty to a charge of
Public Intoxication. On April 4, 1980, he was assessed a fine by
the West Virginia State Police. Mr. Taylor successfully fulfilled
the terms imposed on him. Since that time, he has maintained
himself as a responsible, law-abiding citizen and has led an
exemplary and productive life. The West Virginia Parole Board,
having fully reviewed and considered his history and record,
unanimously recommended that Mr. Taylor be granted a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Bernard Lee Taylor, Sr., for
the offense of Public Intoxication.
Auten, Gerald Richard, Jr.
Decided September 25, 2009
In 1992, Gerald Richard Auten, Jr., pled guilty to one count
of Grand Larceny. On February 14, 1992, he was sentenced by the
Ohio County Circuit Court to a one-year jail term, which sentence
was suspended to two years of probation. Mr. Auten successfully
fulfilled the terms imposed on him. Since that time, he has
maintained himself as a responsible, law-abiding citizen and has
led an exemplary and productive life. The West Virginia Parole
Board, having fully reviewed and considered his history and record,
unanimously recommended that Mr. Auten be granted a full,
unconditional and complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Gerald Richard Auten, Jr., for
the offense of Grand Larceny.
Chittum, Carl Edward, Sr.
Decided October 6, 2009
In 1964, Carl Edward Chittum, Sr., pled guilty to Breaking and
Entering. On February 1, 1964, he was sentenced to serve three
years of probation and pay restitution and court costs. Mr. Chittum successfully fulfilled the terms imposed on him. Since
that time, he has maintained himself as a responsible, law-abiding
citizen and has led an exemplary and productive life. The West
Virginia Parole Board, having fully reviewed and considered his
history and record, unanimously recommended that Mr. Chittum be
granted a full, unconditional and complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Carl Edward Chittum, Sr., for
the offense of Breaking and Entering.
Wyckoff, Linda Rae
Decided October 6, 2009
In 1966, Linda Rae Wyckoff pled guilty to Petit Larceny. On
November 29, 1966, she was assessed a fine and court costs by the
City of Wheeling Police Department. Ms. Wyckoff successfully
fulfilled the terms imposed on her. Since that time, she has
maintained herself as a responsible, law-abiding citizen and has
led an exemplary and productive life. The West Virginia Parole
Board, having fully reviewed and considered her history and record,
unanimously recommended that Ms. Wyckoff be granted a full,
unconditional and complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Linda Rae Wyckoff for the
offense of Petit Larceny.
Collins, Clifford
Decided October 15, 2009
In 1970, Clifford Collins pled guilty to Grand Larceny. On
October 2, 1970, he was sentenced by the Circuit Court of Jackson
County to serve one to ten years in prison, which sentence was
suspended to a term of two years of probation and payment of
restitution and court costs. Mr. Collins successfully fulfilled
the terms imposed on him. Since that time, he has maintained
himself as a responsible, law-abiding citizen and has led an
exemplary and productive life. The West Virginia Parole Board,
having fully reviewed and considered his history and record,
unanimously recommended that Mr. Collins be granted a full,
unconditional and complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Clifford Collins for the
offense of Grand Larceny.
Roland, James Lee, Jr.
Decided October 15, 2009
In 1990, James Lee Roland, Jr., pled guilty to two counts of
Delivery of a Controlled Substance (Marijuana). On September 19,
1990, he was sentenced by the Circuit Court of Cabell County to
serve one to five years in prison, which sentence was suspended to
a term of two years of probation and payment of a fine and court
costs. Mr. Roland was granted early release from probation on
March 4, 1991, and successfully fulfilled the terms imposed on him by the court. Since that time, he has maintained himself as a
responsible, law-abiding citizen and has led an exemplary and
productive life. The West Virginia Parole Board, having fully
reviewed and considered his history and record, unanimously
recommended that Mr. Roland be granted a full, unconditional and
complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to James Lee Roland, Jr., for the
offense of Delivery of a Controlled Substance (Marijuana).
Sandy, Michael, Jr.
Decided November 6, 2009
In 1971, Michael Sandy, Jr., pled guilty of Breaking and
Entering. On or about March 27, 1972, he was sentenced by the
Circuit Court of Marion County to serve two years of probation and
pay a fine. Mr. Sandy successfully fulfilled the terms imposed on
him by the court. Since that time, he has maintained himself as a
responsible, law-abiding citizen and has led an exemplary and
productive life. The West Virginia Parole Board, having fully
reviewed and considered his history and record, unanimously
recommended that Mr. Sandy be granted a full, unconditional and
complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Michael Sandy, Jr., for the
offense of Breaking and Entering.
Summers, Ray Alton
Decided December 4, 2009
In 1958, Ray Alton Summers pled guilty to one count of Forgery
and one count of Uttering. On or about March 10, 1958, he was
sentenced by the Circuit Court of Harrison County to serve one to
ten years of imprisonment for each count, to be serve
consecutively. Mr. Summers was released from prison on May 18,
1960, and was discharged from parole on or about May 15, 1961. Mr.
Summers successfully fulfilled the terms imposed on him by the
court. Since that time, he has maintained himself as a
responsible, law-abiding citizen and has led an exemplary and
productive life. The West Virginia Parole Board, having fully
reviewed and considered his history and record, unanimously
recommended that Mr. Summers be granted a full, unconditional and
complete pardon.
For these reasons, Governor Manchin granted a full,
unconditional and complete pardon to Ray Alton Summers for the
offenses of Forgery and Uttering.
NO MEDICAL RESPITES WERE GRANTED DURING THE PERIOD
APRIL 8, 2009, THROUGH FEBRUARY 25, 2010
__________
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills,
submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found
truly enrolled, and on the 26th day of February, 2010, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 391), Relating to county board of education
members' eligibility.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 407, Authorizing Directors of WV Health
Insurance Plan promulgate legislative rule relating to preexisting
conditions exclusion.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 407 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact article 7,
chapter 64 of the Code of West Virginia, 1931, as amended, relating
generally to the promulgation of administrative rules by the Department of Revenue; legislative mandate or authorization for the
promulgation of certain legislative rules by various executive or
administrative agencies of the state; authorizing certain of the
agencies to promulgate certain legislative rules in the form that
the rules were filed in the State Register; authorizing certain of
the agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
Making Review Committee; authorizing certain of the agencies to
promulgate certain legislative rules with various modifications
presented to and recommended by the Legislative Rule-Making Review
Committee and as amended by the Legislature; authorizing certain of
the agencies to promulgate certain legislative rules in the form
that the rules were filed in the State Register and as amended by
the Legislature; authorizing the State Tax Department to promulgate
a legislative rule relating to the film industry investment tax
credit; authorizing the State Tax Department to promulgate a
legislative rule relating to the Consumers Sales and Service Tax
and Use Tax - drugs, durable medical goods, mobility-enhancing
equipment and prosthetic devices per se exemption; motor vehicles
per se exemption; authorizing the State Tax Department to
promulgate a legislative rule relating to the residential solar
energy tax credit; authorizing the State Tax Department to
promulgate a legislative rule relating to the corporation net
income tax; authorizing the Directors of the West Virginia Health Insurance Plan to promulgate a legislative rule relating to a
premium subsidy; authorizing the Directors of the West Virginia
Health Insurance Plan to promulgate a legislative rule relating to
a preexisting conditions exclusion; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to variable
life insurance; authorizing the Insurance Commissioner to
promulgate a legislative rule relating to annuity disclosure;
authorizing the Insurance Commissioner to promulgate a legislative
rule relating to medicare supplement insurance; authorizing the
Insurance Commissioner to promulgate a legislative rule relating to
coordination of health benefits; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to the West
Virginia Life and Health Insurance Guaranty Association Act notice
requirements; authorizing the Insurance Commissioner to promulgate
a legislative rule relating to mental health parity; authorizing
the Insurance Commissioner to promulgate a legislative rule
relating to viatical settlements; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to the
preventive care pilot program; authorizing the Insurance
Commissioner to promulgate a legislative rule relating to the use
of senior-specific certifications and professional designations in
the sale of life insurance and annuities; authorizing the Alcohol
Beverage Control Commission to promulgate a legislative rule
relating to nonintoxicating beer licensing and operations procedures; authorizing the West Virginia State Athletic Commission
to promulgate a legislative rule relating to the administration of
the commission; and authorizing the Lottery Commission to
promulgate a legislative rule relating to limited gaming
facilities.
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. 407) 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. 533, Revising statutory language regarding
child abuse.
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. 533) 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. 535, Relating to fleeing law-enforcement
vehicle stop.
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. 535) 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. 669, Allowing municipalities to operate teen
courts.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 669 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §49-5-13d
of the Code of West Virginia, 1931, as amended, relating to
allowing municipalities to operate teen courts.
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. 669) 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. 686, Relating to public charter schools.
With amendments from the Committee on Education pending;
And has also amended same.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 24, 2010;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Education to which the bill was first referred; and as last amended by the Committee on Finance.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 30, Requesting DOH name
bridge in Wyoming County "Hubert Cline Memorial Bridge".
Senate Concurrent Resolution No. 35, Requesting DOH name
bridge in Mingo County "Virgil and Marcella Faye Marcum Memorial
Bridge".
And,
Senate Concurrent Resolution No. 36, Requesting DOH name
bridge in Boone County "Kevin Lee Ball Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 38, Requesting Joint
Committee on Government and Finance study alternative fuels and
vehicular energy consumption.
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,
John R. Unger II,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
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 Concurrent Resolution No. 46 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study the effects of coal slurry
impoundments and the underground injection of coal slurry on human
health and the environment; alternatives to impoundments and
underground injection; remining of coal waste and the use of
abandoned mine land funds.
Whereas, The coal slurry impoundments and underground
injection are accepted methods of coal slurry disposal for which the Department of Environmental Protection issues permits; and
Whereas, Coal slurry impoundments have been breached causing
damage to human health, property and the environment;
Whereas, There are alternative technologies that may be cost
effective and have fewer impacts on human health and the
environment including remining of coal wastes; and
Whereas, The effects of underground injection of coal slurry
may present serious public health and environmental questions and
their may be better alternatives; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of impounding coal slurry and
underground injection of coal slurry on human health and the
environment; alternatives to impoundments and underground
injection; remining of coal waste and the use of abandoned mine
land funds; and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare reports 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,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 46)
contained in the foregoing report from the Committee on the
Judiciary was referred to the Committee on Rules.
At the request of Senator Browning, unanimous consent being
granted, the Senate returned to the second order of business and
the introduction of guests.
The Senate then proceeded to the sixth order of business.
Senators Stollings, Browning, Williams, K. Facemyer, Edgell,
Helmick, Jenkins, Snyder, Oliverio, Kessler, Foster and McCabe
offered the following resolution:
Senate Resolution No. 44--Designating March 2010, as "West
Virginia March for Meals Month".
Whereas, More than 49,600 West Virginia seniors received
services through the Older Americans Act during fiscal year 2009;
and
Whereas, Nearly 35,000 West Virginia seniors received more
than 2.5 million meals during that same period; and
Whereas, These meals were provided in their homes or at county
nutrition sites; and
Whereas, Many elderly West Virginians are afforded healthy,
nutritious meals along with daily social interactions via a senior
nutrition staff member or volunteer; and
Whereas, Senior nutrition programs, as funded through Title III of the Older Americans Act, allow seniors to remain independent
and in their homes or promote socialization at county nutrition
sites; and
Whereas, The Meals on Wheels Association of America partners
with county nutrition programs to provide resources and tools
designed to serve West Virginia's senior nutrition programs and its
elderly programs; and
Whereas, Nutritious, USDA-compliant meals are served to
seniors in all 55 counties of West Virginia; and
Whereas, Our aging population, both on a national and
statewide basis, continues to grow thus requiring a more skilled
and better equipped staff; and
Whereas, Approximately 5,735 West Virginia seniors are
considered "At Risk" and deal with life-threatening situations each
day; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 2010, as "West
Virginia March for Meals Month"; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia Directors of Senior
and Community Services.
At the request of Senator Stollings, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Prezioso, Jenkins, Williams, Oliverio, Kessler,
Foster and McCabe offered the following resolution:
Senate Resolution No. 45--Designating May 24, 2010, as
"Aviation Maintenance Technician Day" in honor of Charles Edward
Taylor.
Whereas, Charles Edward Taylor was born on May 24, 1869; and
Whereas, In 1902, Charles Edward Taylor began working as a
machinist for Orville and Wilbur Wright at the Wright Cycle Company
in Dayton, Ohio; and
Whereas, Within six weeks, Charles Edward Taylor, using only
a lathe and drill press, built the first engine used to power the
Wright Flyer; and
Whereas, Charles Edward Taylor's ingenuity earned him a place
in aviation history when the Wright Brothers successfully flew
their airplane on December 17, 1903; and
Whereas, After this historic event, Charles Edward Taylor
continued to design engines for the Wright Brothers and later
taught them to build aircraft engines; and
Whereas, In 1908, Charles Edward Taylor accompanied Orville
Wright to Fort Meyer, Virginia for test flights by the United States government and in 1909, accompanied Wilbur Wright to New
York for the Hudson-Fulton flights; and
Whereas, Charles Edward Taylor served as lead mechanic for
Calbraith Rodgers, who made his first transcontinental flight in
1911; and
Whereas, Charles Edward Taylor had a successful career in
aviation maintenance for more than 60 years; and
Whereas, Charles Edward Taylor was honored by the Federal
Aviation Administration with the establishment of the Charles
Edward Taylor Master Mechanic Award, which recognizes persons with
50 years or more of aviation maintenance experience; and
Whereas, Sadly, Charles Edward Taylor died in 1956, after a
long and distinguished career in the aviation industry; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates May 24, 2010, as "Aviation
Maintenance Technician Day" in honor of Charles Edward Taylor; and,
be it
Further Resolved, That the Senate acknowledges the
contributions made to the aviation industry by Charles Edward
Taylor; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy to the Robert C. Byrd National Aerospace Education Center.
At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Chafin, and by unanimous
consent, the remarks by Senator Prezioso regarding the adoption of
Senate Resolution No. 45 were ordered printed in the Appendix to
the Journal.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 41, 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. 44, Requesting DOH name
bridge in Logan County "G. R. 'Bob' Johnson Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 45, Requesting Joint
Committee on Government and Finance study economic impact of deer
population on agriculture.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Agriculture;
and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 219, Relating
to managing state motor vehicle fleet.
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. 368, Authorizing excess
Courtesy Patrol funds be transferred to Tourism Promotion Fund.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 368) 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. 447, Providing certain
nonstate retirees responsible for PEIA costs.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 447) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 447) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 449, Relating to PEIA
preexisting conditions limitations.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 449) 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. 480, Relating to public
higher education personnel.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for Senate Bill No. 494, Providing fiduciary
commissioner oversight.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Guills moved to be
excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth and Oliverio--2.
Excused from voting: Guills--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. 494) 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. 583, Updating references to Information
Services and Communications Division.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 583) 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. 584, Relating to Center for Nursing's
data collection policy.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 584) 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. 595, Extending vesting period for
subdivision and land development plans.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Prior to the call of the roll, Senator Snyder moved to be excused from voting under rule number forty-three of the Rules of
the Senate, which motion prevailed.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: None.
Absent: Caruth and Oliverio--2.
Excused from voting: Snyder--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 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. 604, Extending mental hygiene procedures'
sunset provision.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 604) 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. 621, Allowing certain
permit limits for dischargers located upstream of public water
intakes.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending discussion,
The question being "Shall Engrossed Committee Substitute for
Senate Bill No. 621 pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 621) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Boley, Bowman, Browning,
Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes--1.
Absent: Caruth and Oliverio--2.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 621) 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 House Bill No. 4128, Relating to insurance
companies deemed to be in hazardous financial condition.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Minard, unanimous consent was
granted to offer an amendment to the bill on third reading.
Thereupon, on motion of Senator Minard, the following
amendment to the bill was reported by the Clerk and adopted:
On page three, section three, line eighteen, by striking out
the word "insured" and inserting in lieu thereof the word
"insurer".
The bill, as just amended, was ordered to third reading.
Having been engrossed, the bill (Eng. Com. Sub. for H. B. No.
4128) was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 4128) passed.
On motion of Senator Minard, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4128--A Bill to repeal §33-
34-11 of the Code of West Virginia, 1931, as amended; to repeal
§33-34A-1, §33-34A-2, §33-34A-3, §33-34A-4, §33-34A-5, §33-34A-6, §33-34A-7 and §33-34A-8 of said code; to amend and reenact §33-34-3
and §33-34-4 of said code; and to further amend said article by
adding thereto a new section, designated §33-34-3a, all relating to
determining when insurance companies are to be deemed to be in
hazardous financial condition; deleting severability provisions;
providing for consideration of impact on creditors; providing for
entry of an order by the commissioner placing the insurer under
administrative supervision; revising standards and authority for
the Insurance Commissioner's identification of companies in
potentially hazardous condition; providing for additional remedies;
removing requirement of hearing prior to entry of order of
supervision; requiring a prompt hearing and providing procedure;
and revising confidentiality provisions.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Com. Sub. for Senate Bill No. 4, Relating to
special license plates.
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. 51, Relating to child custody
plans for National Guard or military reserve parents.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 169, Relating to Economic Development
Authority loans' criteria.
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. 185, Creating WV Commercial
Patent Incentives Tax 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. 186, Creating DOT administrative
law judge office.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 235, Relating to Creative Communities
Development Pilot Program.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Economic Development, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section one, line sixteen, after the word
"arts," by inserting the word "historical,";
On page four, section one, line twenty-three, after the word
"socioeconomic" by inserting a comma and the word "historical";
On page eight, section three, line twenty-six, after the word "Arts" by inserting a comma and the word "historical";
On page eight, section three, line twenty-nine, before the
word "cultural" by inserting the word "historical,";
On page eight, section three, line thirty-five, after the word
"of" by inserting the words "historical and";
On page twelve, section five, line eight, after the word
"arts," by inserting the word "historical,";
On page twelve, section five, line sixteen, after the word
"socioeconomic," by inserting the word "historical";
And,
On page thirteen, section five, line twenty-nine, after the
word "arts," by inserting the word "historical,".
The bill (S. B. No. 235), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 238, Relating to mineral rights'
benefits.
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. 291, Authorizing Department of
Transportation 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. 324, Establishing
tax credit for repayment of certain student loans.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 331, Clarifying certain PERS and teachers'
disability retirement qualifications.
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. 337, Requiring Racetrack Video
Lottery Fund be used for certain payments.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Helmick and Snyder, the following
amendment to the bill was reported by the Clerk and adopted:
On page twenty, section thirteen, line fifty-two, by striking
out the words "ten-b, article twenty-two-a" and inserting in lieu
thereof the words "eighteen-a, article twenty-two".
The bill (Com. Sub. for S. B. No. 337), as amended, was then
ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 365, Requiring
pharmacies provide personnel online access to controlled substances
database.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 369, Modifying definitions of certain wells.
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. 394, Authorizing
DMV use certain program to identify uninsured vehicles.
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. 458, Distributing minimum share
of severance tax to coalbed methane-producing counties.
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. 462, Limiting State Police
applicants' age.
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. 478, Relating to Purchasing
Division functions.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 488, Authorizing Marketing and Communications
Office promote and sell state-related items.
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. 489, Determining status of
recycling goals.
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. 493, Creating
Twenty-First Century Business Technologies Property Valuation 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. 505, Updating Logging Sediment
Control Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 510, Extending DNR license and stamp fees
sunset provision.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 518, Creating
Governor's Commission to Seize Future of Energy for America.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 519, Extending Social Security benefits to
Municipal Police Officers and Firefighters Retirement System
members.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 527, Requiring State Rail Authority establish
transportation and local rail service 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. 538, Defining charitable
organization's inaugural committee's disbursement of excess
contributions.
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. 543, Authorizing Energy and
Water Savings Revolving Loan Fund Program and PROMISE rules for
Higher Education Policy Commission.
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. 567, Creating Nonprofit
Adventure and Recreational Responsibility 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. 587, Relating to Board of
Hearing-Aid Dealers.
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. 596, Exempting Adjutant General and National Guard from certain leasing and accounting
requirements.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Com. Sub. for Senate Bill No. 597, Requiring
women seeking abortion opportunity to see fetus ultrasound image.
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. 606, Creating WV Ski Resort
Industry Commission.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 612, Authorizing Governor certify certain
capital improvement projects' lists.
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. 616, Relating to civil service
for deputy sheriffs.
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. 624, Relating to Secretary of
State annual reports' filing deadlines.
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. 626, Providing teacher's license
eligibility requirements for alien residents.
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. 631, Updating process for
adopting textbooks and other instructional material.
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. 656, Relating to special rates
for energy-intensive industrial electric power consumers.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Kessler, and by unanimous consent,
the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 664, Relating to duties of protected person's
guardian.
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. 677, Creating county boards of
education school calendar committees.
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. 690, Relating to liquor sampling on Class A retail licenses.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 697, Allowing Fire Commission waive
prohibition against certain convicted felons serving as volunteer
firefighters.
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. 118, Requiring parental consent for minors
using tanning device.
Senate Bill No. 130, Making failure to wear safety belts
primary offense.
Com. Sub. for Com. Sub. for Senate Bill No. 175, Relating to
purchase, possession, sale and use of fireworks.
Com. Sub. for Com. Sub. for Senate Bill No. 225, Creating Spay
Neuter Assistance Fund.
Com. Sub. for Com. Sub. for Senate Bill No. 229, Authorizing
School Building Authority issue certain outstanding bonds.
Com. Sub. for Senate Bill No. 286, Authorizing DHHR promulgate
legislative rules.
Com. Sub. for Senate Bill No. 373, Creating Caregivers Consent Act.
Senate Bill No. 442, Clarifying PEIA Finance Board may offset
certain annual retiree premium increases.
Com. Sub. for Senate Bill No. 457, Repealing outdated and
obsolete code sections.
Com. Sub. for Senate Bill No. 557, Clarifying legislative
vacancy procedures.
Senate Bill No. 559, Authorizing citation issuance in lieu of
court appearance in certain situations.
Senate Bill No. 610, Extending statutory exemption to certain
out-of-school time programs.
Senate Bill No. 635, Requiring State Fire Commission approve
certain county and municipal fire ordinances and regulations.
Senate Bill No. 648, Repealing outdated and obsolete sections
of education code.
Com. Sub. for Senate Bill No. 649, Establishing motor vehicle
search criteria.
Senate Bill No. 653, Allowing court discretion for habitual
offender sentencing.
Com. Sub. for Senate Bill No. 665, Transferring certain Health
Care Authority's duties to Insurance Commissioner.
Senate Bill No. 695, Relating to dog and cat rabies'
vaccination.
And,
Eng. House Bill No. 4026, Relating to higher education capital
facilities generally.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate recessed for five
minutes.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 8, Including pharmacist and pharmacy in
"health care provider" definition.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 8 (originating in the Committee
on the Judiciary)--A Bill to amend and reenact §55-7B-2 of the Code
of West Virginia, 1931, as amended, relating to adding pharmacist and pharmacy to the definition of "health care provider" as used in
the Medical Professional Liability Act; and exempting pharmacists
and pharmacies from the protections of this article where they are
asserting that they were dispensing or selling medications in their
original packaging.
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. 8) 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
Senate Bill No. 70, Relating to municipalities and counties
issuing bonds.
Senate Bill No. 472, Relating to regional airport authorities'
reporting requirements.
And,
Senate Bill No. 573, Allowing audits published electronically with notice to proper authorities.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, Senate Bill No. 70 contained in the preceding report from
the Committee on Government Organization was taken up for immediate
consideration, read a first time, ordered to second reading and,
under the original double committee reference, was then referred to
the Committee on Finance.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of Senate Bill Nos. 472 and 573
contained in the foregoing report from the Committee on Government
Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bills (S. B. No. 472 and 573) were each taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 81, Creating WV Official
Prescription Program Act.
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 (Com. Sub. for S. B. No. 81) 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. 183, Creating Diesel-Powered
Motor Vehicle Idling Act.
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 (Com. Sub. for S. B. No. 183) 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. 362, Prohibiting providing false information
to obtain controlled substances prescription.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 362 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §60A-4-410
of the Code of West Virginia, 1931, as amended, relating to
clarifying that it is unlawful to knowingly withhold information
from a medical practitioner in order to obtain a prescription for
a controlled substance when one has a valid current prescription
for the same or similar drug; and increasing penalties.
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. 362) 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. 427 (originating in the
Committee on Government Organization), Renaming and reorganizing
Parkways, Economic Development and Tourism Authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 427 (originating
in the Committee on Finance)--A Bill to amend and reenact §17-16A-
3, §17-16A-5, §17-16A-6, §17-16A-10, §17-16A-11, §17-16A-13a, §17-
16A-19, §17-16A-26 and §17-16A-29 of the Code of West Virginia,
1931, as amended, all relating to the West Virginia Parkways,
Economic Development and Tourism Authority; renaming the West
Virginia Parkways, Economic Development and Tourism Authority;
reorganizing the membership of the authority; redefining terms;
authorizing issuance of revenue bonds for parkway projects;
prohibiting the authority from constructing new tourism projects or
new economic development projects; clarifying certain powers of the
authority relating to parkway projects, tourism projects and
economic development projects; clarifying certain powers of the Department of Transportation with respect to parkway projects;
clarifying the power of the authority to reimburse the Department
of Transportation for costs associated with parkway projects;
clarifying certain powers of the authority with respect to real and
personal property; clarifying the powers of the authority to fix
and revise tolls for transit over certain parkway projects;
requiring notice and public hearings prior to fixing initial rates
or tolls on parkway projects; requiring county commission approval
where a parkway project is located; requiring an annual legislative
audit of the Parkways Authority; requiring the Parkways Authority
to provide certain information; and requiring a discount program
for purchasers of EZ Pass transponders prior to fixing initial
rates or tolls on parkway projects.
With the recommendation that the committee substitute 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. 427)
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. 486 (originating in the
Committee on the Judiciary), Creating Asbestos Claims Transparency
Act.
And reports back a revised committee substitute for same with
the following title:
Rev. Com. Sub. for Senate Bill No. 486 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §55-7E-1, §55-7E-2, §55-7E-3, §55-7E-4, §55-7E-5 and
§55-7E-6, all relating to creation of the Asbestos Claims
Disclosure Act; defining certain terms; requiring disclosure of
certain information related to claims and potential claims against
asbestos trusts; establishing deadlines for providing information;
authorizing sanctions; creating presumption that trust claims and
materials and related discovery are authentic; providing that trust
claims and materials are relevant and discoverable; authorizing
defendants to seek discovery from asbestos bankruptcy trusts;
requiring plaintiffs to assist in discovery by releasing
information; providing for set-offs and assignments; and providing
the act applies to all cases where a trial date was established or
after enactment of the article.
With the recommendation that the revised committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Rev. Com. Sub. for S. B. No. 486) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
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. 496 (originating in the
Committee on Energy, Industry and Mining), Allowing Environmental
Protection Council certain rule-making authority.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 496 (originating
in the Committee on the Judiciary)--A Bill
to amend and reenact
§22-1-9 of the Code of West Virginia, 1931, as amended, relating to
the Environmental Protection Advisory Council's duties; authorizing
the council to review and make recommendations on rulemaking to the
secretary; and requiring Department of Environmental Protection
consider the council's recommendations.
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. 496)
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. 498 (originating in the
Committee on the Judiciary), Amending civil definitions of
"neglect" and "caregiver".
And reports back a revised committee substitute for same with
the following title:
Rev. Com. Sub. for Senate Bill No. 498 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §9-6-1 of
the Code of West Virginia, 1931, as amended, relating to amending
the civil definition of "neglect" by making it congruent with the
definition of "criminal neglect"; replacing the term "mentally
retarded" with "individuals with an intellectual disability"; and providing a definition for "caregiver".
With the recommendation that the revised committee substitute
do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Rev. Com. Sub. for S. B. No. 498) 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. 507, Creating Innovative Mine Safety
Technology Tax Credit Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 507 (originating in the
Committee on Finance)--A Bill to amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated §11-
13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6,
§11-13AA-7, §11-13AA-8, §11-13AA-9, §11-13AA-10, §11-13AA-11, §11-
13AA-12, §11-13AA-13, §11-13AA-14 and §11-13AA-15; to amend and reenact §22A-1-4 of said code; and to amend and reenact §22A-11-3
of said code, all relating to providing a tax credit for purchase
of innovative mine safety technology; legislative findings and
purpose; definitions; requirements for list of approved innovative
mine safety technology; amount of tax credit allowed; criteria for
qualified investment; forfeiture of unused tax credits; treatment
for transfer of certified eligible safety property to successors;
setting forth requirements for identification of investment credit
property; prescribing treatment for failure to keep records of
certified eligible safety property; specifying tax credit review
and accountability requirements; specifying requirement for
disclosure of tax credits; authorizing rules; amending the duties
of the Director of the West Virginia Office of Miners' Health,
Safety and Training; amending the duties of the Mine Safety
Technology Task Force; and specifying termination date.
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. 507) 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 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. 574, Declaring December 7 special memorial
day.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on February
25, 2010;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 575, Suspending driving, hunting and fishing
licenses for failure to pay certain court costs.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Natural Resources.
At the request of Senator Fanning, unanimous consent being
granted, the bill (S. B. No. 575) 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 Bill No. 576, Requiring public service districts obtain
county commission support for certain projects.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 576 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§16-13A-3 of the Code of West Virginia, 1931, as amended, relating
to public service districts; and reducing the appointment terms
.
And,
Senate Bill No. 696, Relating to limited liability
partnerships.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 696 (originating in the
Committee on Government Organization)--A Bill
to amend and reenact
§47B-10-1 and §47B-10-4 of the Code of West Virginia, 1931, as
amended, all relating generally to limited liability partnerships;
updating registration requirements; establishing procedures for and
consequences of administrative dissolution and reinstatement; and
setting notice requirements and appellate options with regard to
administrative decisions on dissolution and reinstatement.
With the recommendation that the two committee substitutes do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Com. Sub. for S. B. Nos. 576 and 696) 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. 592, Restricting certain rehired state employees from previous benefits.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 25, 2010;
And,
Com. Sub. for Senate Bill No. 651, Providing state bid
preference for certain current license or permit holders.
Now on second reading, having been read a first time and
referred to the Committee on Finance on February 26, 2010;
And reports the same back with the recommendation that they
each 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
Com. Sub. for Senate Bill No. 594, Relating to powers, duties
and responsibilities of Water Development Authority.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on February
24, 2010;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 614, Relating to PSC approval of high voltage
transmission line construction.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 614 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §24-2-11a
of the Code of West Virginia, 1931, as amended, relating to Public
Service Commission approval of the construction of high voltage
transmission lines; and requiring the commission to act in the best
interest of West Virginia customers to meet the present and future
needs and reliability of service for West Virginia customers.
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. 614) 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. 618 (originating in the
Committee on Health and Human Resources), Relating to osteopathic
physician assistants.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 618 (originating
in the Committee on Government Organization)--A Bill
to amend and
reenact §30-14A-1, §30-14A-2, §30-14A-3, §30-14A-4 and §30-14A-5 of
the Code of West Virginia, 1931, as amended, all relating to
osteopathic physician assistants; updating definitions; clarifying
use of the term "license" in lieu of "certificate"; modifying the
authorization to prescribe drugs; modifying the classes of
pharmaceuticals that may be prescribed by an osteopathic physician
assistant; changing the amount of certain drugs that may be
prescribed; and authorizing fees to be set by legislative rule.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Com. Sub. for Com. Sub. for S. B. No. 618)
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 Bill No. 636, Reconstituting Commission to Study
Residential Placement of Children.
Now on second reading, having been read a first time and
referred to the Committee on Government Organization on February
25, 2010;
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 657 (originating in the
Committee on Health and Human Resources), Creating WV Traumatic
Brain Injury Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 657 (originating
in the Committee on Finance)--A Bill to repeal §18-10K-1,
§18-10K-2, §18-10K-3, §18-10K-4, §18-10K-5 and §18-10K-6 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§7-14E-2 of said code; and to amend said code by adding thereto a
new article, designated §16-43-1, §16-43-2 and §16-43-3, all
relating to the creation of programs for the treatment of traumatic
brain injury; creating a special revenue fund; increasing fees for
reports generated by sheriffs offices; directing fees to the fund;
authorizing the state Medicaid agency to apply for a home- and
community-based waiver to serve eligible individuals; and
authorizing the Bureau of Behavioral Health and Health Facilities
to create and administer a state program for eligible individuals.
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. 657)
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. 660, Protecting consumers from state of
emergency-related price gouging.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 660 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §46A-6J-2,
§46A-6J-3 and §46A-6J-6 of the Code of West Virginia, 1931, as
amended, all relating generally to protection from consumer price
gouging as a result of a declaration of a state of emergency;
removing reference to federal declaration; creating an alternative
for fuel suppliers; and updating the preemption provisions.
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. 660) 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 (originating in the Committee on Finance)-
-A Bill to amend and reenact §17A-3-2 of the Code of West Virginia,
1931, as amended, relating to modifying the exemption for
registration and certificate of title requirements for implements
of husbandry to include mini-trucks; and increasing the mileage
distance for transporting fixtures attached to implements of
husbandry.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Walt Helmick,
Chair.
On motion of Senator Helmick, the bill (S. B. No. 698)
contained in the foregoing report from the Committee on Finance was
then referred to the Committee on Transportation and
Infrastructure.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 699 (originating in the Committee on Natural
Resources)--A Bill
to amend and reenact §20-2-30a of the Code of
West Virginia, 1931, as amended, relating to hunter safety
education; and permitting minors fifteen and under to forgo the
certificate of training when accompanied by a licensed adult.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (S. B. No. 699) contained in the preceding report
from the Committee on Natural Resources was taken up for immediate
consideration, read a first time and ordered to second reading.
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Oliverio.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 2, 2010, at 11 a.m.
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