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sdj-51st day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FIFTY-FIRST DAY

____________

Charleston, W. Va., Thursday, March 4, 2010

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

Prayer was offered by the Reverend Mark Patton, Senior Pastor, Spring Hill Baptist Church, South Charleston, West Virginia.
Pending the reading of the Journal of Wednesday, March 3, 2010,
On motion of Senator Foster, 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. 3152--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §30-20A-1 and §30-20A-2, all relating to athletic trainers; restricting the use of certain titles; providing for registration of athletic trainers; and establishing registration criteria.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the Senate amendments to, and the passage as amended, with its Senate amended title, of
Eng. Com. Sub. for House Bill No. 4128, Relating to insurance companies deemed to be in hazardous financial condition.
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. 4130--A Bill to amend and reenact §3-1A-1, §3-1A-4 and §3-1A-5 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6, §3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13, §3-12-14, §3-12-15, §3-12-16 and §3-12-17, all relating to creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program; giving additional duties and per diem pay to the State Election Commission; authorizing the State Election Commission to use video, telephone and Internet conferencing; providing alternative public campaign financing option for candidates for the West Virginia Supreme Court of Appeals in 2012; setting forth short title and certain legislative findings and declarations; defining terms; specifying that the provisions of the act are applicable to candidates for the West Virginia Supreme Court of Appeals in the 2012 primary and general elections; establishing the Supreme Court of Appeals Public Campaign Financing Fund and sources of revenue for the fund; authorizing transfer from the Purchasing Card Administration Fund to the fund for three years; authorizing attorney fees; authorizing fair administration of justice court fees; requiring an applicant for public campaign financing to complete a declaration of intent and setting forth the manner in which an application for funding may be made; setting forth eligibility criteria for qualifying candidates; allowing participating candidates to raise funds from private sources and spend exploratory contributions; requiring candidates seeking public campaign funds to collect a required number of qualifying contributions; requiring candidates to provide detailed receipts to contributors and to the state Election Commission for exploratory and qualifying contributions; requiring participating candidates to comply with all provisions of the act; requiring the state Election Commission to certify eligible candidates and setting forth the procedure for certification; providing for challenges to certification; providing for revocation of certification; providing for withdrawal from program; providing for distribution of funds from the Public Campaign Financing Fund to qualified candidates for funding election campaigns; specifying the amount of funds available for each candidate and when the funds become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating candidates from accepting private contributions other than as specifically set forth in the act; providing for repayment of funds under certain circumstances; prohibiting the use of personal funds for certain purposes; permitting qualified candidates to raise funds from private sources when there is insufficient money in the Public Campaign Financing Fund to make a complete distribution to all qualified candidates; requiring certain disclosures; requiring candidates to keep records and report to the state Election Commission; providing for additional funds when independent expenditures or opponent expenditures exceed certain limits; setting forth certain duties of the state Election Commission and the Secretary of State; authorizing legislative rules; authorizing the creation of a voters' guide; providing for the deposit of certain revenue into the fund; requiring repayment of excessive expenditures by candidates; providing both civil and criminal penalties for violations of the act; and expiring the act in 2013.
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. 4155--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended, relating to permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums; and revising references.
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. 4167--A Bill to amend and reenact §17C-5A-3 of the Code of West Virginia, 1931, as amended, relating to creation of a special revenue account, known as the Department of Health and Human Resources Safety and Treatment Fund; making a one-time transfer of monies into the fund; providing rule- making authority; and control and use of the fund by the agency.
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. 4172--A Bill to amend and reenact §17A-3-14 of the Code of West Virginia, 1931, as amended, relating to authorizing the Division of Motor Vehicles to issue special license plates for members of certain organizations upon approval of the commissioner; establishing requirements for eligible organizations; assessing a special initial application fee and a special annual fee; discontinuance of a specialty plate; and establishing a minimum number of applications for the special plates prior to the design and production of the plates.
Referred to the Committee on Transportation and Infrastructure.
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. 4177--A Bill to amend and reenact §11-13A- 5a of the Code of West Virginia, 1931, as amended, relating to dedicating five percent of coal severance tax to the county of origin and providing permissible uses for the moneys.
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. 4201--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §19-1C-1, §19-1C-2, §19-1C-3, §19-1C-4, §19-1C- 5 and §19-1C-6, all relating to establishing the Livestock Care Standards Board; defining terms; specifying conditions of membership and the qualifications, terms and compensation of members; authorizing legislative rulemaking; and providing for meetings of the board.
Referred to the Committee on Agriculture; and then 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. 4217--A Bill to amend and reenact §24-6-5 of the Code of West Virginia, 1931, as amended, relating to requirements for enhanced emergency telephone systems and county emergency dispatch centers.
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. 4223--A Bill to amend and reenact §17C-12-7 of the Code of West Virginia, 1931, as amended; and to amend and reenact §60A-4-406 of said code, all relating to increasing the safety of school children that use school buses; increasing the criminal penalties for failure to stop a vehicle before reaching a school bus with flashing warning signal lights; and providing additional circumstances which increase the periods of ineligibility for parole upon sentences for certain felony convictions for the distribution of controlled substances in the proximity of students awaiting, boarding or exiting a school bus.
Referred to the Committee on Education; 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. 4260--A Bill to repeal §33-12B-2 and §33-12B-13 of the Code of West Virginia, 1931, as amended; to amend and reenact §33-12B-1, §33-12B-3, §33-12B-5, §33-12B-9, §33-12B-10 and §33-12B-11 of said code; to amend said code by adding thereto a new section, designated §33-12B-10a, all relating to insurance adjusters; defining "home state", and "crop adjuster"; permitting an adjuster to designate a home state; establishing a new crop adjuster license and its qualifications; revising the requirements for nonresident adjusters; granting the Insurance Commissioner the authority to examine the business practices of persons holding or applying for adjuster licenses; revising the licensing renewal requirements; requiring notification by adjusters of legal actions taken against them; and clarifying the process to be used concerning adverse administrative actions.
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. 4273--A Bill to amend the Code of West Virginia, 1931, as amended by adding thereto a new section, designated §33-46A-4a, all relating to professional employer organizations; providing that the operation of a professional employer organization constitutes the "transaction of insurance" subject to the provisions of article forty-four, chapter thirty-three of said code; providing that a professional employer organization operating in this state without a license to do so is an 'unauthorized insurer' and, upon violation of the provisions of article forty-four, chapter thirty-three of said code, is guilty of a felony and providing penalties upon conviction thereof; subjecting unlicensed professional employer organizations to penalty and other provisions regulating the unauthorized transaction of insurance; and authorizing insurance fraud unit to conduct investigations.
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. 4285--A Bill to amend and reenact §31-17-4 of the Code of West Virginia, 1931, as amended, and to amend and reenact §31-17A-2, §31-17A-3, §31-17A-4, §31-17A- 6, §31-17A-9, §31-17A-12 and §31-17A-13 of said code, all relating to the licensing of residential mortgage brokers, lenders and loan originators by the Division of Banking; definitions; allowing the Commissioner of Banking to reduce or waive application fees, bond amounts and net worth requirements of bona-fide nonprofit business entities, including community housing development organizations; providing that mortgage loan originators may be employed by or under contract with only one mortgage broker or lender at any time; allowing the commissioner to reduce or waive the application fees for mortgage loan originators employed by bona fide nonprofit organizations or other community housing development organizations; providing that a mortgage loan originator license may not be transferred or assigned and that a mortgage loan originator changing employers must provide thirty days prior notice to the commissioner and pay a fee of $50; increasing the amount of prelicensing education required for loan originators from twenty to twenty-two hours; providing that prelicensing education courses and requirements and continuing education courses for mortgage loan originators may be approved by the division of banking; providing a procedure for the commissioner to follow whenever taking an enforcement action under article seventeen-a of this code; allowing any person not licensed as a mortgage lender or broker under article seventeen of chapter thirty-one of this code or article four of chapter forty-six-a of this code to register with the Nationwide Mortgage Licensing System and Registry and provide a surety bond in the appropriate amount for any mortgage loan originators it employs; and allowing the commissioner to reduce or waive the bond amounts imposed by article seventeen-a for mortgage loan originators employed by bona fide nonprofit corporations or other bona fide nonprofit business entities, including community housing development organizations, if the commissioner determines that such action would not violate any applicable law.
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. 4291--A Bill to amend and reenact §31A-2-4 of the Code of West Virginia, 1931, as amended, relating to criminal background investigations for applicants seeking approval to engage in certain banking activities under the jurisdiction of the Commissioner of Banking; eliminating the requirement that the investigations be done through both the West Virginia State Police and the Federal Bureau of Investigation; providing that applicants provide fingerprints for submission to the Federal Bureau of Investigation or any governmental agency or entity authorized to receive such information for a state, national or international criminal history check.
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. 4314--A Bill to amend and reenact §11-1C-5 of the Code of West Virginia, 1931, as amended, relating to the valuation of motor vehicles and motorcycles for property tax assessment purposes; amending those provisions to similarly apply to motorcycles; and limiting the applicability of damaged car values or salvage value guideline for assessment purposes.
Referred to the Committee on Transportation and Infrastructure; 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. 4323--A Bill to amend and reenact §17C-7-9 of the Code of West Virginia, 1931, as amended, relating to driving on roadways laned for traffic; defining proper use of designated left turn lanes on three and five lane roads; prohibiting use of center turning lanes for through traffic under certain circumstances; clarifying the permitted usage of center lane for three and five lane roads; providing criminal penalty.
Referred to the Committee on Transportation and Infrastructure.
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. 4339--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §14-1-37, relating to collecting debts through the United States Treasury Offset Program; authorizing the State Auditor to enter into agreements with the United States Treasury's Financial Management Service; specifying reduction and offset of payments for collection of debt; authorizing rules; specifying cost-effective actions to aggressively collect; and authorizing interagency agreements
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. 4356--A Bill to amend and reenact §17B-3-3a of the Code of West Virginia, 1931, as amended; and to amend and reenact §50-3-2a of said code, all relating to the suspension of drivers' licenses; providing time frames for appearances before courts of competent jurisdiction for both residents and nonresidents; and providing time frames for the reporting of fines and penalties to the Division of Motor Vehicles.
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. 4359--A Bill to amend and reenact §21-1C-2 of the Code of West Virginia, 1931, as amended, relating to requiring local labor for public construction projects; reducing the dollar amount of the applicable construction project to $500,000; reducing the amount of miles for the local labor market to fifty miles; and clarifying the definition of local labor market.
Referred to the Committee on Labor; 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. 4374--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11- 5, §49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; definitions; caregiver's consent for minor's health care; duty of health care facility or practitioner; affidavit of caregiver consent; revocation or termination of consent; good faith reliance on affidavit; exceptions to applicability; criminal penalty for false statement; and rule-making authority.
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. 4382--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §61-13-1, §61-13-2, §61-13-3, §61-13-4, §61-13- 5, §61-13-6, §61-13-7, §61-13-8, §61-13-9, §61-13-10, §61-13-11, §61-13-12, §61-13-13, §61-13-14, §61-13-15, §61-13-16, §61-13-17, §61-13-18, §61-13-19, §61-13-20 and §61-13-21 all relating to establishment of the West Virginia Civil and Criminal Forfeiture Act; establishing civil and criminal forfeiture proceedings pertaining to property and assets used in, acquired, gained or flowing from gained from various criminal activities and juvenile offenses; providing definitions; statement of purpose of forfeitures; identifying property subject to forfeiture; establishing exemptions; providing the state with provisional title to property subject to forfeiture; establishing procedures seizure of property; establishing protections for innocent third party owners and interest holders; establishing a procedure for processing uncontested forfeitures; establishing general procedures for challenging and evaluating forfeiture procedures; providing for the filing and processing of petitions for in rem forfeiture proceedings; providing for the filing and processing and establishing related procedures for in personam forfeiture proceedings; allowing additional procedures applicable in criminal and civil proceedings in which forfeiture of property is sought; allowing for forfeiture of and execution on substitute property under certain conditions; allowing for release of seized property upon provision of adequate security bond or deposit; providing certain exceptions and limitations; establishing procedures for forfeiture; establishing burdens of proof; providing for the seizure and disposition of forfeited and other property; civil forfeiture action and pretrial hardship release; establishing the crime of interference with or diminishing forfeitable property; providing right to trial by jury; creating standards and procedures for care of property in law-enforcement custody; providing provisions for the sale of forfeited property; prioritizing and directing the application of proceeds and forfeiture funds; providing exceptions; and penalties.
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. 4397--A Bill to amend and reenact §15-2-3 of the Code of West Virginia, 1931, as amended, relating to requiring the Superintendent of the State Police to develop a plan to increase the number of troopers to a minimum of eight hundred troopers by July 1, 2014.
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. 4407--A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended; all relating to rabies vaccination of dogs and cats; requiring that administered rabies vaccinations be capable of producing immunity for three years; requiring dogs and cats to be revaccinated every three years; and requiring rabies vaccinations for dogs and cats prior to entering the state.
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. 4425--A Bill to amend of the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §30-7-20, relating to the development of a pilot program for unlicensed persons to administer medications in a nursing home by the Board of Registered Professional Nurses.
Referred to the Committee on Health and Human Resources; and then to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4450--A Bill to repeal §30- 13A-26, §30-13A-27, §30-13A-28, §30-13A-29, §30-13A-30, §30-13A-31, §30-13A-32, §30-13A-33, §30-13A-34, §30-13A-35, §30-13A-36 and §30- 13A-37 of the Code of West Virginia, 1931, as amended; to amend said code by adding thereto a new section, designated, §1-1-5; to amend said code by adding thereto a new section, designated, §7-2- 8; to amend and reenact §30-13A-1, §30-13A-2, §30-13A-3, §30-13A-4, §30-13A-5, §30-13A-6, §30-13A-7, §30-13A-8, §30-13A-9, §30-13A-10, §30-13A-11, §30-13A-12, §30-13A-13, §30-13A-14, §30-13A-15, §30- 13A-16, §30-13A-17, §30-13A-18, §30-13A-19, §30-13A-20, §30-13A-21, §30-13A-22, §30-13A-23, §30-13A-24 and §30-13A-25 of said code; and to amend and reenact §39-1-2a of said code, all relating to surveys; establishing West Virginia coordinate systems; requiring a license to practice land surveying; requiring a certificate of authorization for a firm to practice land surveying; specifying applicable law; providing definitions; continuing the board of professional surveyors; providing for board composition; providing eligibility requirements for board membership; clarifying the powers and duties of the board; clarifying rule-making authority; providing emergency rule-making authority; continuing a special revenue account; clarifying the education and experience requirements for licensure; establishing licensure requirements; establishing scope of practice; providing exceptions from licensure; establishing surveyor intern requirements; providing for licensure for persons licensed in another state; establishing renewal requirements; providing permit requirements; establishing inactive license requirements; establishing procedures for delinquent and expired licenses; establishing retired license requirements; establishing conditions for failed examines; requiring display of a license; requiring display of a certification of authorization; establishing certification of authorization requirements; establishing requirements to be a surveyor-in-charge; providing a due process procedure; establishing grounds for disciplinary action; establishing hearing procedures; providing for judicial review and appeals of decisions; establishing cause for initiation of criminal proceedings; establishing criminal penalties; removing no longer applicable language; and establishing requirements to record a survey.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced the passage by that body and requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4485--A Bill to amend and reenact §17C-12- 7 of the Code of West Virginia, 1931, as amended, relating to increasing the penalties for overtaking and passing a school bus stopped for the purpose of receiving and discharging children.
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. 4496--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §51-10A-4, relating to prohibiting bail bonding companies or bail bond enforcers from providing fiduciary bonds for estates; and providing an exception.
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. 4504--A Bill to amend and reenact §15-1E-1, §15-1E-2, §15-1E-3, §15-1E-4, §15-1E-5, §15-1E-6, §15-1E-7, §15-1E-8, §15-1E-9, §15-1E-10, §15-1E-11, §15-1E-12, §15- 1E-13, §15-1E-14, §15-1E-15, §15-1E-16, §15-1E-17, §15-1E-18, §15- 1E-19, §15-1E-20, §15-1E-21, §15-1E-22, §15-1E-23, §15-1E-24, §15- 1E-25, §15-1E-26, §15-1E-27, §15-1E-28, §15-1E-29, §15-1E-30, §15- 1E-31, §15-1E-32, §15-1E-33, §15-1E-34, §15-1E-35, §15-1E-36, §15- 1E-37, §15-1E-38, §15-1E-39, §15-1E-40, §15-1E-41, §15-1E-42, §15- 1E-43, §15-1E-44, §15-1E-45, §15-1E-46, §15-1E-47, §15-1E-48, §15- 1E-49, §15-1E-50, §15-1E-51, §15-1E-52, §15-1E-53, §15-1E-54, §15- 1E-55, §15-1E-56, §15-1E-57, §15-1E-58, §15-1E-59, §15-1E-60, §15- 1E-61, §15-1E-62, §15-1E-63, §15-1E-64, §15-1E-65, §15-1E-66, §15- 1E-67, §15-1E-68, §15-1E-69, §15-1E-70, §15-1E-71, §15-1E-72, §15- 1E-73, §15-1E-74, §15-1E-75, §15-1E-76, §15-1E-77, §15-1E-78, §15- 1E-79, §15-1E-80, §15-1E-81, §15-1E-82, §15-1E-83, §15-1E-84, §15- 1E-85, §15-1E-86, §15-1E-87, §15-1E-88, §15-1E-89, §15-1E-90, §15- 1E-91, §15-1E-92, §15-1E-93, §15-1E-94, §15-1E-95, §15-1E-96, §15- 1E-97, §15-1E-98, §15-1E-99, §15-1E-100, §15-1E-101, §15-1E-102, §15-1E-103, §15-1E-104, §15-1E-105, §15-1E-106, §15-1E-107, §15-1E- 108, §15-1E-109, §15-1E-110, §15-1E-111, §15-1E-112, §15-1E-113, §15-1E-114, §15-1E-115, §15-1E-116, §15-1E-117, §15-1E-118, §15-1E- 119, §15-1E-120, §15-1E-121, §15-1E-122, §15-1E-123, §15-1E-124, §15-1E-125, §15-1E-126, §15-1E-127, §15-1E-128, §15-1E-129, §15-1E-130, §15-1E-131, §15-1E-132, §15-1E-133, §15-1E-134, §15-1E-135, §15-1E-136, §15-1E-137 and §15-1E-138, of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto eighteen new sections, designated §15-1E-50a, §15-1E-57a, §15-1E-58a, §15-1E-58b, §15-1E-67a, §15-1E-76a, §15-1E-76b, §15-1E- 112a, §15-1E-139, §15-1E-140, §15-1E-141, §15-1E-142, §15-1E-143, §15-1E-144, §15-1E-145, §15-1E-146, §15-1E-146, §15-1E-147 and §15- 1E-148, all relating to adopting the Uniform State Military Code of Justice; definitions; persons subject to this code and jurisdiction; territorial applicability of the code; apprehension and restraint; nonjudicial punishment; court-martial jurisdiction; appointment and composition of courts-martial; pretrial procedure; trial procedure; sentences after conviction; post-trial procedure and review of courts-martial; punitive articles; and miscellaneous provisions.
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. 4506--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §48-5-614, relating to the revocation of death benefits by divorce.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced the passage by that body, to take effect July 1, 2010, and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4512--A Bill to amend and reenact §18A-4-8, §18A-4-8a, §18A-4-8b and §18A-4-8e of the Code of West Virginia, 1931, as amended, all relating to school service personnel; limiting assignments of director or coordinator of services; requiring school bus supervisor to be certified to operate a bus; requiring supervisor of transportation and multiclassification position that includes this title first employed after certain date to have five years of experience working in transportation department and defining experience; defining itinerant status, assignments, posting, limit on positions, and exclusions; requiring additional content of notice of a job vacancy generally and aide classification category specifically; and modifying test frequency for re-certifying bus operators.
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. 4513--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §22-6-42, relating to establishing requirements for Marcellus gas well operations use of water resources.
Referred to the Committee on Natural Resources; and then to the Committee on Energy, Industry and Mining.
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. 4525--A Bill to amend and reenact §22A-1-21 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-2A-301, §22A-2A-304 and §22A-2A-310 of said code; to amend and reenact §22A-6-3, §22A-6-4, §22A-6-6 and §22A-6-7 of said code; to amend and reenact §22A-7-4 and §22A-7-6 of said code; and to amend and reenact §22A-11-2 and §22A-11-3 of said code, all relating to board's under the jurisdiction of the Office of Miners' Health, Safety and Training; removing boards from under the jurisdiction of the Office of Miners' Health, Safety and Training; changing board membership; changing voting procedures; permitting a clarifying resolution; requiring the Health and Safety Administrator to provide administrative assistance; permitting the Health and Safety Administrator to expend funds for certain purposes; adding to the boards' powers; changing voting procedure; clarifying voting procedures; clarifying reporting requirements; establishing reporting time lines; and permitting appropriations from general revenue.
Referred to the Committee on Energy, Industry and Mining; and then 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. 4527--A Bill to amend and reenact §19-13-4 of the Code of West Virginia, 1931, as amended, relating to limiting the liability of apiary owners and operators.
Referred to the Committee on Agriculture; 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. 4531--A Bill to amend and reenact §25-1-16 of the Code of West Virginia, 1931, as amended; to further amend said code by adding thereto a new section, designated §31-20-30a; and to amend and reenact §49-5E-6 of said code, all relating to the proper care of inmates in state institutions or facilities; authorizing the transfer of inmates with mental health needs; authorizing the transfer of inmates for medical reasons under appropriate supervision; providing criteria, standards and limitations relating to the proper treatment of pregnant inmates; authorizing restraint of pregnant inmates when necessary; and providing criteria, standards and limitations relating to the proper treatment of pregnant juveniles in the custody of the Division of Juvenile Services.
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. 4541--A Bill to amend and reenact §31-20-9, §31-20-10 and §31-20-32 of the Code of West Virginia, 1931, as amended, all relating to authorizing circuit court judges and magistrates to utilize county or municipal jails to detain persons charged with a crime up to ninety-six hours, or, to confine persons convicted of a crime for not more than fourteen days; eliminating any restrictions for county or municipal jails to be used only as holding facilities; and distributing certain processing fees to municipalities or counties.
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. House Bill No. 4589--A Bill to amend and reenact §3-3-2, §3-3-2b, §3-3-5 and §3-3-11 of the Code of West Virginia, 1931, as amended; to amend and reenact §3-4-10 of said code; and to amend and reenact §3-5-13 of said code, all relating to conforming the appropriate sections to the requirements of the Military and Overseas Voter Empowerment Act of 2009.
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. 4604--A Bill to amend and reenact §61-5-17 of the Code of West Virginia, 1931, as amended, relating to increasing the criminal penalties for crimes against law enforcement, probation and parole officers; establishing crime for disarming or attempting to disarm probation and parole officers; establishing new crime for reckless fleeing; increasing penalties for fleeing or attempting to flee in a vehicle; increasing penalties for fleeing or attempting to flee in a vehicle causing property damage; increasing penalties for fleeing or attempting to flee in a vehicle causing injury; increasing penalties for fleeing or attempting to flee in a vehicle causing death; and designating this act as the "Jerry Alan Jones Act".
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. 4630--A Bill to amend and reenact §31-17-8 of the Code of West Virginia, 1931, as amended, relating to refunding of appraisal fees collected by lenders, brokers and mortgage loan originators licensed by the Commissioner of Banking; providing that in the event a loan is not made, the licensee is not required to refund an appraisal fee that is collected and paid to an unrelated third-party appraiser unless required to be refunded pursuant to federal law.
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. House Bill No. 4634--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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4666--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §16-43-1, §16-43-2, §16-43-3 and §16-43-4, all relating to substance abuse and prevention; creating a special revenue account designated the Prevention, Intervention, Treatment and Recovery Fund; establishing an Alcohol and Drug Disbursement Board under the Department of Health and Human Resources; providing for membership on the board; providing powers and duties; and establishing a grant program for substance abuse and prevention, intervention, treatment and recovery.
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. 4667--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §17-2A-8d, relating to requiring the Commissioner of Highways to maintain school bus turnarounds in the state and requiring the county board of education to obtain authorization of private land owners for school bus turnarounds.
Referred to the Committee on Transportation and Infrastructure; 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. 4669--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §18-5B-10, relating to granting exceptions to certain statutes to innovation zone plans approved by state board; specifying scope, limitations and conditions on exceptions granted.
Referred to the Committee on Education.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 3rd day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 548), Extending time Boone County Board of Education can meet as levying body.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Concurrent Resolution No. 47 (originating in the Committee on the Judiciary)--
Requesting the Joint Committee on the Judiciary to study the option of expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee for the primary purposes of establishing uniform standards for the decertification of law-enforcement officers pursuant to instances of major misconduct and to establish a database of law-enforcement officers who were disciplined for certain behavior or resigned during disciplinary proceedings.
Whereas, There are no uniform standards for the decertification of law enforcement officers for major misconduct occurring within the scope of their employment as sworn law enforcement officers; and
Whereas, There is no centralized system for law enforcement organizations to perform preliminary research on applicants and whether they have been the subject of discipline in their prior jobs within the state; and
Whereas, The law-enforcement training subcommittee is responsible for developing procedures related to training of law- enforcement officers in West Virginia, but there is no state body responsible for law-enforcement professional standards; and
Whereas, There have been multiple instances recently of law- enforcement officers in West Virginia changing jobs from one law- enforcement entity to another after the law-enforcement officer either was disciplined or resigned during disciplinary procedures; and
Whereas, The people of West Virginia would benefit from law-enforcement entities utilizing a centralized database that tracks certain discipline law-enforcement officers have received and instances of law-enforcement officers resigning during disciplinary procedures; and
Whereas, Senate Bill 554 was introduced to address these situations during the 2010 Legislative session, but stakeholders and interested parties believed more time and attention should be given to crafting a solution; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on the Judiciary is hereby requested to study the possibility of establishing a database of law- enforcement officers who were disciplined for certain behavior or resigned during disciplinary proceedings; and, be it
Further Resolved, That the study address what type of behavior and disciplinary actions shall be reported to any established database and how such information shall be reported; and, be it
Further Resolved, That the study address the future use of any established directory by law-enforcement entities, with special focus on the potential requirement of checking the database before hiring and law-enforcement officer; and, be it
Further Resolved, That the study shall review the feasibility of expanding the responsibilities of the law-enforcement training subcommittee and renaming it the law-enforcement professional standards subcommittee; and, be it
Further Resolved, That the study address providing the authority to decertify law-enforcement officers and under what situation such action may be taken; and, be it
Further Resolved, That the
Joint Committee on the Judiciary report to the regular session of the Legislature in 2011 on its findings, conclusions and recommendations, together with any legislation necessary to effectuate its recommendations ; and, be it
Further Resolved, That 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 the Judiciary .
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
On motion of Senator Kessler, the resolution (S. C. R. No. 47) contained in the foregoing report from the Committee on the Judiciary was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Concurrent Resolution No. 48 (originating in the Committee on Natural Resources)--
Requesting the Joint Committee on Government and Finance study the recodification of the statutes applicable to the Division of Forestry.
Whereas, The State of West Virginia's protection of forests began in 1909 with the appointment of a Forest, Game, and Fish Warden following the massive forest fires of 1908; and
Whereas, The Warden system was placed under the administration of the Game and Fish Commission of West Virginia in 1921, which then became the Game, Fish and Forestry Commission with a duly appointed Chief Forester in 1929; and
Whereas, The Division of Forestry became part of the Conservation Commission in 1933 until 1961 when it was placed within the Department of Natural Resources; and
Whereas, The Division of Forestry was then transferred to the Department of Agriculture in 1985 until it was established as a free-standing division under the Department of Commerce in 1989; and
Whereas, The statutes applying
to the Division of Forestry remain dispersed throughout the code in multiple chapters due to the history of the Division and need to be recodified and updated into one comprehensive chapter; and
Whereas, The Forest Management Review Commission meets regularly during Interims and would be an appropriate entity to review proposed changes and monitor the drafting of the new chapter; therefore be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the recodification of the statutes applicable to the Division of Forestry; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved,
That the expenses necessary to conduct this study, 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,
John Pat Fanning,
Chair.
On motion of Senator Fanning, the resolution (S. C. R. No. 48) contained in the foregoing report from the Committee on Natural Resources was then referred to the Committee on Rules.
Senator Fanning, from the Committee on Natural Resources, submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Eng. House Bill No. 3110, Renaming conservation officers to be natural resources police officers.
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 Government Organization.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 4168, Relating to the Emergency Medical Services Retirement System.
And,
Eng. Com. Sub. for House Bill No. 4182, Relating to the emergency medical services retirement system act.
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.
The bills, under the original double committee references, were then referred to the Committee on Finance.
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
House Concurrent Resolution No. 8, The "Lance Corporal Larry Steven Heater Memorial Bridge".
House Concurrent Resolution No. 12, The "Private Archie A. 'Whack' Jordan Memorial Bridge".
House Concurrent Resolution No. 15, The "John Joseph Walkup, Jr., Bridge".
House Concurrent Resolution No. 18, The "Sgt. Richard W. Griffith Memorial Bridge".
House Concurrent Resolution No. 28, The "Trooper First Class James Thomas Brammer Memorial Bridge".
House Concurrent Resolution No. 30, The "Chief Warrant Officer John Michael Hohman Memorial Bridge".
House Concurrent Resolution No. 35, The "Dr. Mabel Nichols Bridge".
House Concurrent Resolution No. 37, The "CMS Marshall Irvin Pauley Memorial Bridge, Killed in Action, Vietnam 1966".
House Concurrent Resolution No. 39, The "Corporal Menifee Carter Memorial Bridge".
House Concurrent Resolution No. 40, The "Ernie Wallace Bridge".
House Concurrent Resolution No. 41, The "Charley Meddings Memorial Bridge".
House Concurrent Resolution No. 42, The "Lance Corporal Samuel R. Drown Memorial Bridge, Killed in Action, Vietnam 1967".
House Concurrent Resolution No. 45, The "Robert L. McAtee, Sr. Memorial Bridge".
House Concurrent Resolution No. 47, The "Childhood Cancer Survivor and Memorial Highway".
House Concurrent Resolution No. 53, The "Fletcher Brothers Memorial Bridge".
House Concurrent Resolution No. 54, The "William H. Sanders II Memorial Highway".
And,
House Concurrent Resolution No. 56, Erection of signs near Mahan and Oak Hill, in Fayette County, indicating the crossing of the 38th Parallel North in honor of the Veterans of the Korean War.
And reports the same back with the recommendation that they each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators Jenkins, Tomblin (Mr. President), Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams and Yost offered the following resolution:
Senate Resolution No. 47--Honoring Randall Reid-Smith for his dedicated public service.
Whereas, Randall Reid-Smith is a proud native son of Barboursville, West Virginia, in Cabell County; and
Whereas, Randall Reid-Smith earned his Bachelor's degree from the University of Cincinnati College-Conservatory of Music, his Master's degree from Indiana University and received an honorary doctorate from Glenville State University; and
Whereas, Randall Reid-Smith is an accomplished opera singer who achieved an international career for fourteen years; and
Whereas, Randall Reid-Smith began his career in public service when he was charged with private sector fundraising as the Development Manager for the West Virginia State Museum in December of 2005; and
Whereas, Randall Reid-Smith was appointed Commissioner of the West Virginia Division of Culture and History by Governor Joe Manchin III on July 1, 2006, and was given the charge to complete and bring to life the West Virginia State Museum, which had been dormant for 8 years; and
Whereas, In his capacity as Commissioner, Randall Reid-Smith attracted a team of highly respected historians who understood West Virginia's land, people and culture to tell the story of the rich heritage and history of the state of West Virginia; and
Whereas, Commissioner Randall Reid-Smith orchestrated the necessary contractors, architects, fabricators and designers to build an environment equal to any museum in any major metropolitan community; and
Whereas, Commissioner Randall Reid-Smith was true to the compass of presenting a sweeping, unfolding timeline of the history of the state of West Virginia and the indomitable spirit of her people and completed the new renovations of the West Virginia State Museum in eighteen months, which was on time and under budget; and
Whereas, As a result of Commissioner Randall Reid-Smith's dedicated public service and extreme pride in the state of West Virginia and it's people, the Culture Center has become a more vibrant and engaging place for citizens and visitors; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Randall Reid-Smith for his dedicated public service; and, be it
Further Resolved, That the Senate commends Commissioner Randall Reid-Smith for making the Culture Center and the West Virginia State Museum a place that all West Virginians can be proud of; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to Commissioner Randall Reid-Smith.
At the request of Senator Jenkins, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 677, Creating county boards of education school calendar committees.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on Education.
Eng. House Bill No. 4026, Relating to higher education capital facilities generally.
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.
Eng. Com. Sub. for House Bill No. 4652, Establishing a school calendar committee for each county.
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.
The Senate proceeded to the eleventh order of business and the introduction of guests.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Friday, March 5, 2010, at 11 a.m.
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