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Senate Journal


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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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