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Senate Journal


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sdj-51st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2009

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, April 2, 2009

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)

Prayer was offered by the Reverend Greg Varndell, Senior Pastor, Fairlawn Baptist Church, Parkersburg, West Virginia.
Prayer was offered by the St. Agnes Kindergarten Class, Charleston, West Virginia, who then proceeded in the singing of "Take Me Home, Country Roads".
Pending the reading of the Journal of Wednesday, April 1, 2009,
On motion of Senator Fanning, 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. 2114--A Bill to amend and reenact §48-14-407 and §48-14-501 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §48-15-506, all relating to child support source of income; authorizing the Bureau of Child Support Enforcement to commence a contempt action against a source of income; providing penalty for sources of income failing to withhold; and providing a specific action for source of income contempt.
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. 2170--A Bill to amend and reenact article 10, chapter 64 of the Code of West Virginia, 1931, as amended, all relating generally to the promulgation of administrative rules by the Department of Commerce; legislative mandate or authorization for the promulgation of certain legislative rules by various executive or administrative agencies of the state; authorizing certain of the agencies to promulgate certain legislative rules in the form that the rules were filed in the State Register; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules 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 Development Office to promulgate a legislative rule relating to brownfield economic development districts; authorizing the Division of Labor to promulgate a legislative rule relating to packaging and labeling; authorizing the Division of Labor to promulgate a legislative rule relating to a method of sale of commodities; authorizing the Division of Labor to promulgate a legislative rule relating to the West Virginia Manufactured Housing Construction and Safety Standards Board; authorizing the Division of Labor to promulgate a legislative rule relating to weights and measures calibration fees; authorizing the Division of Labor to promulgate a legislative rule relating to standards for weights and measures inspectors adoption of National Conference of Weights and Measures (NCWM) Handbook 130, 1987 edition; authorizing the Division of Labor to promulgate a legislative rule relating to the Amusement Rides and Attractions Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the Elevator Safety Act; authorizing the Division of Labor to promulgate a legislative rule relating to the supervision of elevator mechanics and apprentices; authorizing the Division of Natural Resources to promulgate a legislative rule relating to boating; authorizing the Division of Natural Resources to promulgate a legislative rule relating to deer hunting; authorizing the Division of Natural Resources to promulgate a legislative rule relating to lifetime hunting, trapping and fishing licenses; authorizing the Division of Natural Resources to promulgate a legislative rule relating to hunting, trapping and fishing license and stamp fees; and authorizing the Division of Tourism to promulgate a legislative rule relating to the direct advertising grants program.
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. 2359--A Bill to amend and reenact §19-25-5 of the Code of West Virginia, 1931, as amended, relating to defining "spelunking" as a recreational purpose and activity for which a landowner's liability for injury is limited.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2388--A Bill to repeal §19- 23-27, §19-23-28 and §19-23-29 of the Code of West Virginia, 1931, as amended, be repealed; to amend and reenact §6-7-2a of said code; and to amend and reenact §19-23-4, §19-23-5, §19-23-6, §19-23-15, §19-23-16 and §19-23-17 of said code, all relating to the organization of the Racing Commission; establishing the criteria for membership; creating the position of director of racing; establishing the qualification of the director of racing; permitting the director to hire a staff; providing a compliant procedure; and requiring the use of the administrative procedures act to conduct a hearing and providing an appeal procedure.
Referred to the Committee on Government Organization; 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. 2457--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §33-16-18, relating to requiring insurers issuing group accident and sickness insurance policies to certain employers to furnish claims loss experience to policyholders upon request of a policyholder; and identifying the claims loss experience information to be provided.
Referred to the Committee on Banking and Insurance.
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. 2686--A Bill to amend and reenact §21-3-10a of the Code of West Virginia, 1931, as amended, relating to employee work breaks; requiring twenty consecutive minutes for meal breaks; and requiring ten minute rest periods for certain employees during each four hours of work.
Referred to the Committee on Labor; 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. 2695--A Bill to amend and reenact §20-2-57 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto two new sections, designated §20-2-57a and 20-2-57b, all relating to duties and conduct by a hunter while hunting and related offenses; amending crimes and penalties for negligent shooting of animals and damage to property by a hunter while hunting; amending crimes and penalties for negligent shooting of another person by a hunter while hunting; amending reporting requirements; requiring hunter responsible for shooting another person to render aid to the injured person; creating misdemeanor and felony offenses for failing to render aid to the injured person; prohibiting hunting while intoxicated; creating misdemeanor offense of hunting while intoxicated; creating misdemeanor and felony offenses for shooting and wounding or killing another person while hunting under the influence of alcohol, controlled substances or drugs; providing for the suspension of hunting and fishing license for violations; and criminal penalties.
Referred to the Committee on Natural Resources; 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. 2723--A Bill to amend and reenact §8-13-13 of the Code of West Virginia, 1931, as amended, relating to authorizing municipalities to file liens for delinquent service fees; requiring municipal ordinances to have assessment and collection procedures for the service fees; requiring administrative procedures by municipalities for imposition of liens; and requiring the right to appeal to circuit court.
Referred to the Committee on Government Organization; 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. 2781--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-24-11c, relating to providing a tax credit for obtaining certain certifications by the United States Green Building Council Leadership in Energy and Environmental Design (LEED) green building rating system or the Green Globes Building Initiative green building rating standard.
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. 2788--A Bill to amend and reenact §61-2-29 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new section, designated §61-2-29a, all relating to a care giver causing financial harm or physical injury to an incapacitated adult; defining terms; establishing and revising criminal penalties for neglect and abuse causing injury and serious injury to an incapacitated adult; and revising current penalties for misappropriation or misuse of funds or assets of an incapacitated adult.
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. 2819--A Bill to amend and reenact article 9, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; legislative mandate or authorization for the promulgation of certain legislative rules; 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 Board of Accountancy to promulgate a legislative rule relating to the Board and rules of professional conduct; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to a schedule of charges for inspection services: fruit; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to animal disease control; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to the disposal of dead poultry; authorizing the Commissioner of Agriculture to promulgate a legislative rule relating to commercial feed; authorizing the Board of Architects to promulgate a legislative rule relating to the fees for registration of architects; authorizing the Board of Architects to promulgate a legislative rule relating to the registration of architects; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the Board; authorizing the Board of Dental Examiners to promulgate a legislative rule relating to the formation and approval of dental corporations; authorizing the Governor's Committee on Crime, Delinquency and Correction to promulgate a legislative rule relating to law enforcement training standards; authorizing the Board of Medicine to promulgate a legislative rule relating to licensure, disciplinary, complaint procedures, continuing education, and physician assistants; authorizing the Board of Medicine to promulgate a legislative rule relating to the establishment and regulation of a restricted license issued to an applicant in extraordinary circumstances; authorizing the Board of Pharmacy to promulgate a legislative rule relating to licensure and the practice of pharmacy; authorizing the Board of Pharmacy to promulgate a legislative rule relating to immunizations administered by pharmacists; authorizing the Board of Pharmacy to promulgate a legislative rule relating to the regulation of charitable clinic pharmacies; authorizing the Board of Physical Therapy to promulgate a legislative rule relating to general provisions; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to policies, standards and criteria for the evaluation and accreditation of colleges, departments or schools of nursing; authorizing the Board of Examiners for Registered Professional Nurses to promulgate a legislative rule relating to limited prescriptive authority for nurses in advanced practice; authorizing the Board of Respiratory Care to promulgate a legislative rule relating to student temporary permits; authorizing the Secretary of State to promulgate a legislative rule relating to the administration of the address confidentiality program; authorizing the Board of Social Work Examiners to promulgate a legislative rule relating to a fee schedule; authorizing the Treasurer's Office to promulgate a legislative rule relating to the selection of state depositories for receipt accounts; and authorizing the Board of Veterinary Medicine to promulgate a legislative rule relating to a schedule of fees.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2009, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2832--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-2E-10, relating to critical skills instruction programs for students in grades three and eight; setting forth legislative findings; providing for state board rules to effectuate section; establishing minimum provisions of rules; providing condition for promotion for certain students under certain circumstances; requiring suitable facilities by county boards; preserving teacher's judgment on student retention decisions; and preserving individualized education plans from effect of section.
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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2860--A Bill to amend and reenact §22-11-4, §22-11-22, §22-11-24 and §22-11-25 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §22-11A-1, §22-11A-2, §22-11A-3, §22-11A-4, §22-11A-5, §22-11A-6, §22-11A-7, §22-11A-8 and §22-11A- 9, all relating to regulating the sequestration and storage of carbon dioxide; providing for powers and duties of the Department of Environmental Protection; providing for civil penalties and injunctive relief; providing for criminal penalties; providing for civil liability; setting forth legislative findings; defining terms; specifying powers and duties; specifying carbon dioxide permitting requirements; establishing a working group to study and make recommendations regarding carbon dioxide sequestration; and authorizing the promulgation of legislative rules and cooperative agreements.
Referred to the Committee on Energy, Industry and Mining; 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. 2868--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-21-12i; and amending said code by adding thereto a new article, designated §44-16-1, §44-16-2, §44-16-3, §44-16-4, §44-16-5, §44-16-6, §44-16-7, §44-16-8 and §44-16-9, all relating to the creation and maintenance of the West Virginia Children With Autism Trust Fund; creating a tax credit for parents and guardians contributing to a qualified trust fund against personal income tax obligations; providing for the limited carryover of unused tax credits; providing for the tax effects of earnings, proceeds and distributions for qualifying trust funds; making legislative findings; establishing legislative purposes; definitions; providing for the creation of trust fund; establishing eligibility criteria; providing mechanism for disbursements and maintenance; creating administrative account; providing for administration through the State Treasurer; providing for establishment of advisory board; membership of board; establishing reporting requirements; and providing rule-making authority.
Referred to the Committee on the Judiciary; 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. 2894--A Bill to amend and reenact §11-21-12h of the Code of West Virginia, 1931, as amended, relating to programs for travel on toll roads in West Virginia; requiring West Virginia Parkways, Economic Development and Tourism Authority to establish a contiguous county transponder account discount program for certain noncommercial commuters; and modifying the conditions for the tax modifications available to commuters participating in certain authority programs.
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. 2961--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18B-1D-9; and to amend and reenact §18B-2A-1 of said code, all relating to the administration of institutions of higher education in West Virginia generally; requiring training and development opportunities for members of the Higher Education Policy Commission, the Council for Community and Technical College Education and the institutional governing boards; revising criteria for membership of the institutional governing boards and the manner in which the membership is determined; and requiring the governor to consider certain factors and seek a certain balance when appointing members.
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 and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 2981--A Bill to amend and reenact §3-5-7, §3-5-23 and §3-5-24 of the Code of West Virginia, 1931, as amended, all relating to primary elections and nominating procedures of third-party candidates; removing reference to general election in provision governing declaration of candidacy for primary election; eliminating the reference to the filing of a declaration of candidacy in provision establishing certificate nomination procedures; extending the filing deadline for the nomination of certain candidates; eliminating residency requirement of persons soliciting petition signatures; eliminating requirement that persons signing nomination certificate state a desire to vote for nominated candidate; permitting duly registered voters who sign nomination certificates to vote in the corresponding primary election; requiring persons soliciting signatures to provide circulation dates and a signature as to each certificate page; extending the deadline for the filing of nomination certificates for candidates; and establishing the date by which the filing fee must be paid.
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. 2986--A Bill to amend and reenact §11-22-2 of the Code of West Virginia, 1931, as amended, relating to allowing the imposition of a tax on the transfer of real estate within the incorporated limits of any municipality.
Referred to the Committee on Government Organization; 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. 3017--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §11-15-9l, relating to exempting tax-exempt organizations engaged in retail sales of clothing and clothing accessories from the consumers sales tax; and authorizing the Tax Commissioner to designate the exemption as a per se exemption, thus exemption certificates would not be required.
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. 3022--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-2L-1, §16-2L-2, §16-2L-3, §16-2L-4, §16-2L- 5, §16-2L-6 and §16-2L-7, all relating to the creation of a medical home health care plan for uninsured adults providing primary and preventive care; the plan's cost would not exceed $40 per month per subscriber, medical home participating providers would be paid a capitation payment per member per month; funding to be provided by the State of West Virginia if available, the uninsured adult and his or her employer; providing the Director of the Public Employees Insurance Agency with the authority to develop the plan and to promulgate regulations, policies and procedures if resources are available; providing that an administrative fee may be charged per member per month to cover the administrative costs if no other funding is made available; providing for requirements for participating health care providers; and providing the Public Employees Insurance Agency with the authority to suspend, revoke or nonrenew participating providers' participation agreements.
Referred to the Committee on Health and Human Resources; 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. 3036--A Bill to amend and reenact §61-11-26 of the Code of West Virginia, 1931, as amended, relating to notice and publication requirements for expungement petitions.
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. 3051--A Bill to amend and reenact §16-5-29 of the Code of West Virginia, as amended; and to amend and reenact §59-1-10 of said code, all relating to circumstances when birth certificates and death certificates may be provided at no cost.
Referred to the Committee on Military; 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. 3057--A Bill to amend and reenact §7-4-1 of the Code of West Virginia, 1931, as amended; to amend and reenact §15-2-25 of said code; and to amend said code by adding thereto a new section, designated §30-29-11, all relating to requiring qualifying law-enforcement officers employed by a West Virginia law-enforcement agency to receive certification to carry a concealed firearm nationwide as provided in the federal Law-Enforcement Officers Safety Act of 2004; establishing procedure for a retired or medically discharged member of the State Police to appeal a denial of a letter of authorization to carry concealed handguns; providing that certain methods of authorization for retired or medically discharged members of the State Police to carry concealed handguns are cumulative; providing that a letter of authorization for a retired or medically discharged member of the State Police to carry concealed handguns is considered a West Virginia concealed handgun license for the purpose of participating in reciprocity with other states; providing that law-enforcement agencies are neither prohibited from nor required to permit an officer to carry his or her service weapon off duty; and requiring West Virginia law-enforcement agencies to offer access to training and certification for honorably retired officers to be permitted to carry a concealed firearm nationwide as a qualified retired law-enforcement officer as provided in the federal Law-Enforcement Officers Safety Act of 2004.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3079--A Bill to amend and reenact §11-15- 9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the definition of "health care provider"; and the definition of "drug" to exempt from the consumers sales tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals.
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. 3098--A Bill to amend and reenact §23-4-8 of the Code of West Virginia, 1931, as amended, relating to the payment of travel expenses of workers' compensation claimants.
Referred to the Committee on the Judiciary; 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. 3120--A Bill to amend and reenact §7-4-6 of the Code of West Virginia, 1931, as amended, relating to the West Virginia Prosecuting Attorneys Institute; increasing the number of elected members on the Institute's executive council members to seven; and permitting the appointment of special prosecutors in juvenile delinquency, child abuse or neglect proceedings.
Referred to the Committee on the Judiciary; 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. 3134--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §3-3A-1, §3-3A-2, §3-3A-3, §3-3A-4 and §3-3A-5, all relating to a vote by mail pilot program; requiring the Secretary of State select five municipalities for a pilot project; rules governing the elections; authority to conduct voting; and termination of the pilot project.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3190--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §16-5V-9a, relating to the purchase of previous service of eligible emergency medical service officers who transferred into the Emergency Medical Services Retirement System from the Public Employees Retirement System (PERS).
Referred to the Committee on Pensions; and then to the Committee on Finance.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3195--A Bill to amend and reenact §16-1-4 of the Code of West Virginia, 1931, as amended, relating to rule-making authority of the Secretary of the Department of Health and Human Resources; and authorizing legislative and emergency rules to establish a funding mechanism for state aid for local health departments and to basic public health services funds.
Referred to the Committee on Government Organization; 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. 3240--A Bill to amend and reenact §17F-1-2 of the Code of West Virginia, 1931, as amended, relating to all-terrain vehicle rider safety awareness courses; authorizing the commissioner of Motor Vehicles to authorize state institutions of higher education to issue certificates of completion; and limiting the liability of the state institutions of higher education which operate, own, train or promote all-terrain vehicle rider safety awareness courses approved by the commissioner.
Referred to the Committee on Transportation and Infrastructure; 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. 3275--A Bill to amend and reenact §23-2C-15 of the Code of West Virginia, 1931, as amended, relating to workers' compensation insurance for state and local governmental bodies; changing the date through which governmental entities are required to purchase workers' compensation through the West Virginia Employers' Mutual Insurance Company; and prohibiting cancellation or nonrenewal of policies until a date certain, except in certain specified circumstances.
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, to take effect from passage, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3276--A Bill to amend and reenact §30-13A-1, §30-13A-3, §30-13A-5, §30-13A-8, §30-13A-9, §30- 13A-10, §30-13A-11, §30-13A-12, §30-13A-15, §30-13A-16, §30-13A-17, §30-13A-20, §30-13A-23, §30-13A-29, §30-13A-32 and §30-13A-36 of the code of West Virginia, 1931, as amended, all relating to professional surveyor license categories; clarifying that underground surveying requires an endorsement; and clarifying provisions related to delinquent and expired status.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3278--A Bill to amend and reenact §33-26A-3, §33-26A-5, §33-26A-6, §33-26A-8, §33-26A-9, §33- 26A-10 and §33-26A-18 of the Code of West Virginia, 1931, as amended, all relating to the life and health insurance guaranty association; making specific provision for treatment of unallocated annuity contracts and structured settlement contracts; providing how payments to residents and nonresidents are determined; providing that duplicate payments not be made; excluding certain policies, portions of policies and obligations from coverage; setting new limits on coverage for various types of policies and contracts; defining terms; changing the composition of the annuity and unallocated annuity accounts; eliminating the association's power to make loans to an insolvent insurer and making other changes to its powers and duties; increasing the permissible maximum annual pro rata assessment; setting forth a process for the protest of assessments; mandating that members comply with requests for information from the association; requiring that the plan of operation include provisions for removing a director for cause and addressing conflicts of interest; and increasing the length of the stay of court proceedings involving an insolvent insurer.
Referred to the Committee on Banking and Insurance; 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. 3305--A Bill to amend and reenact §62-12-6 of the Code of West Virginia, 1931, as amended, relating to the powers and duties of probation officers; authorizing probation officers to arrest persons who violate conditions of probation or supervised release; eliminating the authority of probation officers to collect money; eliminating the requirement that probation officers post bond; and specifying the manner in which probation officers may exercise the power to arrest probationers and persons under their supervision.
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. 3313--A Bill to amend and reenact §18-9-6 of the Code of West Virginia, 1931, as amended, relating to allowing depositories and banks to meet the security requirement necessary to be a depository for boards of education by providing a letter of credit from a federal home loan bank.
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. 3314--A Bill to amend and reenact §61-7-4 and §61-7-6a of the Code of West Virginia, 1931, as amended, all relating to concealed handgun licensing generally; clarifying scope of license; requiring reissue application to be ruled on within forty-five days; eliminating social security number from issued license; related to the honoring of concealed handgun licenses issued by another state; and requiring that a potential reciprocating state's licensure standards be similar to or greater than those of this state.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 3337--A Bill to amend and reenact §3-8-1a and §3-8-8 of the Code of West Virginia, 1931, as amended, all relating to the regulation and control of elections; amending the definition of "express advocacy" and "targeted to the relevant electorate"; and creating an exception to the ban on corporate political activity for qualified nonprofit corporations.
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. 3339--A Bill to amend and reenact §22-16-12 of the Code of West Virginia, 1931, as amended, relating to facilitate the complete closure of the Gwinn, or otherwise known as the Midwest Landfill, located in Summers County, by having the Secretary of the Department of Environmental Protection place said closure as a top priority use of Solid Waste Facility Closure Cost Assistance Fund moneys.
Referred to the Committee on Government Organization; and then to the Committee on the Judiciary.
Executive Communications

The Clerk then presented communications from His Excellency, the Governor, advising that on April 1, 2009, he had approved Enr. Senate Bill No. 329, Enr. Senate Bill No. 410 and Enr. House Bill No. 3083.
The Senate proceeded to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 34, Requesting Division of Highways name portion of U. S. 52 "R. A. West Memorial Highway".
Senate Concurrent Resolution No. 35, Requesting Division of Highways name bridge in Mercer County "Staff Sergeant Stanley Brian Reynolds Memorial Bridge".
Senate Concurrent Resolution No. 38, Requesting Division of Highways name Route 9 from Martinsburg to Berkeley Springs "Ray Johnston Memorial Highway".
Senate Concurrent Resolution No. 43, Requesting Division of Highways name bridge in Grafton "Bearcat Bridge".
Senate Concurrent Resolution No. 44, Requesting Division of Highways name Route 3 in Racine "Barry Lutsy Memorial Highway".
Senate Concurrent Resolution No. 46, Requesting Division of Highways name bridge in Braxton County "Harold V. Long Memorial Bridge".
Senate Concurrent Resolution No. 48, Requesting Division of Highways name bridge in Mercer County "Corporal Ray B. Cheatwood, Jr., Memorial Bridge".
And,
House Concurrent Resolution No. 4, CBM Howard W. Bannister Memorial Bridge.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Resolution No. 17, Requesting Congress reexamine law regarding children's recreational vehicles.
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Resolution No. 17 (originating in the Committee on Transportation and Infrastructure)--Requesting the Congress of the United States review and revise a federal law which has seriously affected the sales of off-road motorcycles and other recreational vehicles designed for children.
Whereas, In an effort to protect the health and safety of children from the excessive amounts of lead found in toys made in China, the Congress of the United States enacted a law which banned the sale of products from foreign counties aimed at children if they contained more than 600 parts per million of lead; and
Whereas, Lead is found in steel and other metal alloys on the frame, motor and multiple parts of off-road motorcycles and recreational vehicles built for young riders; and
Whereas, While most motorcycles and recreational vehicles are made overseas, there are tens of thousands of jobs attached to the industry in the United States; and
Whereas, More than 13,000 power sports dealers sell products in the United States, employing an estimated 124,000 people; and
Whereas, An industry trade publication estimates that the value of inventory at United States dealers that can no longer be sold probably exceeds $100 million and that the industry has millions of dollars worth of parts now in production that cannot be sold; and
Whereas, In this time of financial crisis, every effort should be made to preserve most facets of our business community in order to help preserve jobs and stabilize our economy; and
Whereas, While every effort should be taken to protect the health and safety of our young children, we should also consider the effect such legislation will also have on an industry that is unrelated to toys; therefore, be it
Resolved by the Senate:
That the Senate hereby requests the Congress of the United States to review and revise a federal law which has seriously affected the sales of off-road motorcycles and other recreational vehicles designed for children; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to West Virginia's congressional delegation.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2069, Increasing the faculty senate allotment for classroom teachers and librarians.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Education.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2335, Relating to the federal "Yellow Ribbon G. I. Education Enhancement Program".
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2335) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. House Bill No. 2474, Exempting land-based finfish aquaculture facilities from certain sludge management requirements.
Eng. House Bill No. 2541, Including poultry among those domesticated farm animals or stock which the owner shall be liable for damages caused by those animals.
And,
Eng. Com. Sub. for House Bill No. 2690, Updating language pertaining to indemnity for the death of diseased or infected animals.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
C. Randy White,
Chair.
The bills, under the original double committee references, were then referred to the Committee on the Judiciary.
Senator White, from the Committee on Agriculture, submitted the following report, which was received:
Your Committee on Agriculture has had under consideration
Eng. House Bill No. 2651, Repealing article regulating male breeding animals.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
And,
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated provisions from the WV Code relating to vinegars.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
C. Randy White,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy Sheriff Retirement System Act.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State Teachers Retirement System.
And,
Eng. House Bill No. 2734, Relating to minimum guarantees provided to members who elected to transfer from the Teachers' Defined Contribution System to the Teachers' Retirement System.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee references of the bills contained in the foregoing report from the Committee on Pensions.
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
Eng. Com. Sub. for House Bill No. 2757, Relating to financial audits of insurers.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 3082, Relating to the gathering and reporting of foreclosure data and statistics.
And has amended same.
And reports the same back with the recommendation that they each do pass, as amended.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Foster, from the Committee on Pensions, submitted the following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 2770, Relating to the Emergency Medical Services Retirement System Act.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Pensions pending.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for higher education.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 2904) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Eng. House Bill No. 2950, Creating the Neighborhood Housing and Economic Stabilization Program for low-income minority neighborhoods.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on Economic Development pending.
Senator Oliverio, from the Committee on Labor, submitted the following report, which was received:
Your Committee on Labor has had under consideration
Eng. House Bill No. 3066, Clarifying the supervision requirements for elevator apprentices under elevator safety.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Edgell, Foster and Oliverio offered the following resolution:
Senate Concurrent Resolution No. 51--Requesting the Joint Committee on Government and Finance study the potential beneficial use of alternative fuels and biofuels by state government and private industry.
Whereas, The increased usage of domestically produced alternative fuels and biofuels reduces dependence on oil supplies and provides positive environmental benefits to the State of West Virginia and results in a reduction of greenhouse emissions; and
Whereas, The use of alternative fuels and biofuels by state government and private industry creates economic opportunity for the in-state production of alternative fuels and biofuels, such as coal-to-liquids and biodiesel, and the use of alternative fuels and biofuels provides the opportunity for the state to create new jobs in a green industry; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the potential beneficial use of alternative fuels and biofuels by state government and private industry; and, be it
Further Resolved, That the Joint Committee on Government and Finance seek input from state agencies and private industry on potential uses of alternative fuels and biofuels in vehicle fleets and industrial processes; 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.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), 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, Wells, Williams, Yost and Fanning offered the following resolution:
Senate Resolution No. 50--Recognizing the importance of the coal mining industry in West Virginia and requesting West Virginia's congressional delegation to support the coal industry.
Whereas, The Legislature works tirelessly to improve the quality of life for the citizens of the Mountain State; and
Whereas, Coal mining has been, and continues to be, one of the primary industries responsible for the economic success of West Virginia and its citizens; and
Whereas, Before the national economic downturn, severance tax collections from coal were at record levels, contributing to a budget surplus at the state and county levels; and
Whereas, All 55 counties continue to receive a local share of coal severance dollars to support county, local and municipal budgets; and
Whereas, County governments and county school systems throughout the state rely on the taxes from coal companies and coal miners to fund many valuable programs, including public education, ambulance services and law enforcement; and
Whereas, Thousands of West Virginians are employed, either directly or indirectly, by the coal mining industry which generates payrolls totaling over $2 billion; and
Whereas, The loss of any of West Virginia's coal mines and the loss of any mining-related employment ultimately results in significant harm to all West Virginians; and
Whereas, Surface coal mining, including the practice of mountaintop removal, currently represents forty-two percent of the total coal production in West Virginia; and
Whereas, Engrossed Senate Bill No. 375 provides for master land use plans to be developed in all counties where surface mining takes place, with greater focus provided by the Coalfield Economic Development Office on renewable and alternative fuel sources, highways and residential areas; and
Whereas, Actions and inactions by federal regulatory agencies which have had the effect of closing surface coal mines are more frequent and result in the loss of hundreds of mining and other jobs in West Virginia; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the importance of the coal mining industry in West Virginia and requests West Virginia's congressional delegation to support the coal industry; and, be it
Further Resolved, That the Senate supports the continued mining of coal in West Virginia, including surface mining by all methods recognized by state and federal law, and is prepared to cooperate with all federal agencies in an effort to resolve quickly any outstanding issues which are preventing the mining of coal and which are contributing to the loss of jobs in West Virginia; and, be it
Further Resolved, That the Senate requests West Virginia's congressional delegation to make every effort possible to assist in securing the needed cooperation from federal agencies to allow the continuation of the mining of coal and to protect the jobs of coal miners and others who derive their employment from the coal industry; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Coal Association and West Virginia's congressional delegation.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
Thereafter, at the request of Senator Barnes, and by unanimous consent, the remarks by Senators Deem, Kessler, Helmick, Caruth, Snyder, Bowman and Stollings regarding the adoption of Senate Resolution No. 50 were ordered printed in the Appendix to the Journal.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and, at the request of Senator Chafin, and by unanimous consent, returned to the fourth order of business.
Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had under consideration
Senate Concurrent Resolution No. 52 (originating in the Committee on Transportation and Infrastructure)--Requesting THE Joint Committee on Government and Finance study the registration and operation of mini-trucks.
Whereas, Certain motor vehicles commonly referred to as "mini- trucks" are designed primarily for off-road use and do not meet the normal federal air emission and safety standards; and
Whereas, Municipalities and other political subdivisions have requested that legislation be enacted to authorize the use of mini- trucks on certain roads with relatively low speed limits for parking enforcement or other limited purposes; and
Whereas, Farmers and certain other persons have requested that legislation be enacted to authorize the use of mini-trucks on certain roads with relatively low speed limits in conjunction with mostly off-road farming uses or in conjunction with certain other mostly off-road uses; and
Whereas, The public welfare and economic benefits of allowing the use of mini-trucks for these and similar limited on-road purposes should be examined in light of the continuing need to protect public health and safety on the roads of this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the registration and operation of mini-trucks; 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.
Senate Concurrent Resolution No. 53 (originating in the Committee on Transportation and Infrastructure)--
Requesting the Joint Committee on Government and Finance study the State Rail Plan and the possible expansion of the plan, in addition to the funding, manpower, compliance issues regarding short-line railroads and the possible need for increased authority of the State Rail Authority.
Whereas, The State Rail Authority is responsible for funding and maintaining short-line railroads owned by the state; and
Whereas, The State Rail Plan has not been reviewed and updated for some time; and
Whereas, The time has come that the state should consider the need to expand the use of short-line railroads and the associated issues related to the State Rail Authority, including such items as manpower, authority, expansion, commuter rail service such as the Maryland Area Regional Commuter (MARC) train service in this state, intermodal transportation in conjunction with the West Virginia Public Port Authority and compliance with federal regulations; and
Whereas, The Legislature recognizes the need to conduct a study into the possible future of the State Rail Authority and the need for a short-line railroad funding program; therefore, be it
Resolved by the Legislature of West Virginia:

That the Joint Committee on Government and Finance is hereby requested to study the State Rail Plan and the possible expansion of the plan, in addition to the funding, manpower, compliance issues regarding short-line railroads and the possible need for increased authority of the State Rail Authority; 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,
Senate Concurrent Resolution No. 54 (originating in the Committee on Transportation and Infrastructure)--Requesting the Joint Committee on Government and Finance study public policy initiatives that promote the development and implementation of green building standards, green energy workforce and energy demand- side management in the public and private sectors, as well as potential tax credits.
Whereas, President Barack Obama initiated a significant catalyst to the green energy economy through the commitment of billions of federal dollars; and
Whereas, The creation of further demand for skilled trained green jobs and products is imperative to future economic development in the state; and
Whereas, Educational and training programs within the community college/vocational-technical system serve as the catalyst for the development of green jobs; and
Whereas, The development of energy demand-side best practices will generate savings for both public and private sector organizations; and
Whereas, Several public sector entities, such as the School Building Authority and Courthouse Facilities Improvement Authority, currently possess the capability and programmatic structure conducive to the development and implementation of energy demand- side best practices; and
Whereas, The United States Green Building Council has developed standards known as the Leadership in Energy and Environmental Design standards; and
Whereas, Further review and determination of the most relevant and useful green building standards is critical to any energy demand-side management policy and program; and
Whereas, The availability of credits against certain state taxes, such as the West Virginia corporation net income tax, the business franchise tax and the West Virginia personal income tax, for placing in service certain energy efficient buildings, such as those buildings that comply with designated requirements of the federal Energy Star programs, would encourage the construction or rehabilitation of energy-efficient buildings in this state; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study public policy initiatives that promote the development and implementation of green building standards, green energy workforce and energy demand-side management in the public and private sectors, as well as potential tax credits; and, be it
Further Resolved, That the Joint Committee on Government and Finance may seek input and information from experts and other resources appropriate to this study; 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 they each be adopted.
Respectfully submitted,
John R. Unger II,
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 Concurrent Resolution No. 55 (originating in the Committee on the Judiciary)--Requesting the Joint Committee on Government and Finance study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk.
Whereas, Over the last several years numerous bills have been introduced which would regulate walkways along railroads where employees must regularly walk; and
Whereas, A legal question exists as to whether such regulation is federally preempted; and
Whereas, Decisions of various United States Courts of Appeal are split on the issue; and
Whereas, The disagreement between the opinions of the various United States Circuit Court of Appeals may be resolved by the United States Supreme Court within the next one to two years; and
Whereas, Should the United States Supreme Court rule that regulation of walkways is not preempted by federal law, the Legislature might desire to regulate in this area; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the advisability of enacting legislation regulating walkways along railroads where railroad employees are regularly required to walk; and, be it
Further Resolved, That the West Virginia Public Service Commission shall undertake a comprehensive study on the advisability of regulating railroad walkway construction and maintenance, should the United States Supreme Court allow it, and to report its results to the Joint Committee on Government and Finance before the first day of the 2010 regular session of the Legislature; 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,
Jeffrey V. Kessler,
Chair.
The Senate proceeded to the eighth order of business.

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. 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.
The Senate proceeded to the ninth order of business.
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.
Senate Bill No. 768, Relating to prescription drug product liability claims.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on the Judiciary.
Senate Bill No. 769, Prohibiting possession, sale, importation and distribution of dissolvable tobacco products.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on the Judiciary.
The Senate proceeded to the eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Prezioso, Plymale, Deem, Jenkins, Bowman and Helmick.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Plymale were ordered printed in the Appendix to the Journal.
At the request of Senator Plymale, unanimous consent being granted, the remarks by Senator Jenkins were ordered printed in the Appendix to the Journal.
At the request of Senator Caruth, and by unanimous consent, the remarks by Senator Deem were ordered printed in the Appendix to the Journal.
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, Friday, April 3, 2009, at 11 a.m.
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