sdj-55th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FIFTY-FIFTH DAY
____________
Charleston, W. Va., Monday, April 6, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Honorable Brooks F. McCabe, Jr., a
senator from the seventeenth district.
Pending the reading of the Journal of Friday, April 3, 2009,
On motion of Senator Laird, 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 amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Com. Sub. for Senate Bill No. 263, Disclosing certain
inmates' personal communications.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
On page seven, section eighteen, line fifty-two, after the
word "inmate" by inserting the words "and there is a reasonable
basis to believe that any weapon, drug or other contraband exists
in the mail".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 263, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 263) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendments, as
to
Eng. Com. Sub. for Senate Bill No. 307, Creating Maternal
Screening Act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page three, section two, line twenty-three, by striking out
the word "and" and inserting a new subsection, designated
subdivision (7), to read as follows:
"(7) At least one representative of a facility with a level I
or II obstetrical unit;";
And renumbering the remaining subdivision;
And,
On page three, section two, after line twenty-four, by adding
a new subdivision, designated subdivision (9), to read as follows:
(9) At least one allopathic or osteopathic physician who is a
private provider of maternity services at a facility with a level
I or level II obstetrical unit.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 307, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Caruth--1.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 307) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 321, Modifying certificate
of need process.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 341, Transferring juvenile
justice database administration to Supreme Court.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 346, Correcting code reference related to
bear tagging.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 436, Updating terminology relating to
surface mining reporting requirements.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 453, Relating to Public
Service Commission service of decisions.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 7--Requesting the Joint
Committee on Government and Finance to continue studying the needs,
challenges, and issues facing West Virginia veterans returning from
recent service and those generations that have served before for
the purpose of making recommendations on how the State of West
Virginia can better assist them in getting the care and
opportunities they deserve.
Referred to the Committee on Military; and then to the
Committee on Rules.
A message from The Clerk of the House of Delegates announced the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 44--Requesting the Division of
Highways name the section of highway from the Clay County, West
Virginia, line at Wallback, West Virginia, on Route 36 South, to
the junction of Route 4, the Green Beret "SFC Jaime Scott Nicholas
Memorial Highway".
Referred to the Committee on Transportation and
Infrastructure.
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
Eng. House Bill No. 2536, Adding language that includes
railcars and locomotives in the category of railroad property that
is illegal to interfere or tamper with.
And has amended same.
And,
Eng. House Bill No. 2964, Relating to issuance of renewal
license certificate to motor vehicle dealers.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bills (Eng. H. B. Nos. 2536 and 2964) contained in the
preceding report from the Committee on Transportation and
Infrastructure were each taken up for immediate consideration, read
a first time, ordered to second reading and, under the original
double committee references, were then referred to the Committee on
the Judiciary, with amendments from the Committee on Transportation
and Infrastructure pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform
Principal and Income Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
third committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2685) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3120, Increasing the WV
Prosecuting Attorneys Institute's executive council's elected
members from five to seven and permitting the appointment of
special prosecutors in juvenile delinquency, child abuse or neglect
proceedings.
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,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3120) was taken up
for immediate consideration, read a first time and ordered to
second reading.
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
Eng. Com. Sub. for House Bill No. 3240, Giving the
Commissioner of Motor Vehicles authority to approve all-terrain
vehicle rider safety awareness courses.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3240) contained in
the preceding report from the Committee on Transportation and
Infrastructure 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
the Judiciary.
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. 27, The "Eugene Collins
Memorial Bridge".
And,
House Concurrent Resolution No. 38, The "Bob W. Bellomy
Memorial Bridge".
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.
Senator Unger offered the following resolution:
Senate Concurrent Resolution No. 56--Requesting the Joint
Committee on Government and Finance study methods of increasing
funding received by state institutions of higher education through
grants.
Whereas, Numerous agencies and organizations, including the federal government and private foundations, provide billions of
dollars annually in funding opportunities specifically targeting
institutions of higher education; and
Whereas, State institutions of higher education may apply for
and receive funds to support faculty research, student programs,
advanced technologies, laboratory equipment, cyberinfrastructure,
curriculum development, teacher training and workforce development;
and
Whereas, State institutions of higher education may not be
receiving all of the funding that is available to them due to
insufficient resources, knowledge of availability, competitiveness,
capacity, concept development or expertise to apply; and
Whereas, Institutions of higher education in West Virginia
rank statistically low in the numbers and dollar amounts of
extramural funds awarded nationally; and
Whereas, Establishing a state-level position to advise and
assist state institutions of higher education in applying for
grants may be a cost-effective method to increase the funding state
institutions of higher education receive through grants; and
Whereas, There may be other cost-effective measures that could
be implemented that would result in an increase in the funding that
state institutions of higher education receive through grants and
other extramural funding opportunities; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study methods of increasing funding received by state
institutions of higher education through grants; 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 Chafin and Fanning offered the following resolution:
Senate Resolution No. 51--Commemorating the life of Nelson
Henry Todd, United States Air Force veteran, civic leader and
journalist.
Whereas, Nelson Henry Todd was born January 11, 1947, in
Switzer, Logan County, the son of Mattie Nelms Todd and the late
Julis Todd, Sr.; and
Whereas, Nelson Henry Todd served in the United States Air
Force from 1964 until 1986, where he achieved the rank of Master
Sergeant; and
Whereas, Nelson Henry Todd received numerous awards during his 22 years of military service including the National Defense Service
Medal, Vietnam Service Medal, AF Longevity Service Award and NCO
Professional Military Education; and
Whereas, Nelson Henry Todd began working at the
Welch Daily
Newspaper as a reporter in the early 1990s for a brief period of
time; and
Whereas, Nelson Henry Todd served as President of the Maybeury
Community Action Group and was an active member of the Mount Moriah
Baptist Church, where he served as a deacon and bible study
teacher; and
Whereas, Nelson Henry Todd was a resident of McDowell County
for than 30 years, where he dedicated his time and spirit to the
community and surrounding areas; and
Whereas, An exemplary leader, Nelson Henry Todd loved his
community and region and worked diligently to bring improvements to
West Virginia; and
Whereas, Sadly, Nelson Henry Todd passed away Monday, March
23, 2009, bring to an end a productive life of public service; and
Whereas, Nelson Henry Todd will be missed by his loving family
and numerous friends and admirers, and he leaves behind not only a
legacy of service, but a brighter future for West Virginia;
therefore, be it
Resolved by the Senate:
That the Senate hereby commemorates the life of Nelson Henry Todd, United States Air Force veteran, civic leader and journalist;
and, be it
Further Resolved, That the Senate expresses its deepest
condolences to the family of Nelson Henry Todd; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the family of Nelson Henry Todd.
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.
Senators Kessler, Bowman, Oliverio, Prezioso, Tomblin (Mr.
President), Barnes, Boley, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall,
Helmick, Jenkins, Laird, McCabe, Minard, Palumbo, Plymale, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams and Yost offered
the following resolution:
Senate Resolution No. 52--Honoring Ed Pastilong for his
leadership and dedication as West Virginia University's athletic
director.
Whereas, During his 20-year tenure, Ed Pastilong has
transformed West Virginia University's athletic department into one
of the nation's finest, both on and off the playing fields, as it
competes in 17 varsity sports; and
Whereas, Ed Pastilong's leadership and vision has truly helped
guide, mold and shape the student-athlete experience at West Virginia University into a positive one; and
Whereas, Ed Pastilong has spearheaded more than $65 million in
facility renovations, overseen the athletic department's budget
increase from $11 million to nearly $50 million and founded the
athletic endowment fund which has grown to $32 million; and
Whereas, Under Pastilong's direction, West Virginia University
is one of just 19 national Division I athletic programs which
regularly finish in the black without burdening the university's
academic budget; and
Whereas, Ed Pastilong initiated the Athletic Directors
Academic Honor Roll where more than 3,600 student-athletes have
since been recognized for outstanding work in the classroom, and
the West Virginia University sports Hall of Fame where 115 former
Mountaineers have been honored; and
Whereas, Under Ed Pastilong's watch, the last six years have
arguably been the most successful in the history of West Virginia
University athletics; and
Whereas, Under the leadership of Ed Pastilong, the athletic
department has not only been successful on the field, but also in
the classroom, where West Virginia is among the conference leaders
in Big East Conference Academic All-Stars and CoSIDA Academic
All-American and All-District academic honorees; and
Whereas, It is fitting to honor Ed Pastilong for his
achievements as West Virginia University's athletic director; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Ed Pastilong for his leadership
and dedication as West Virginia University's athletic director;
and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Ed Pastilong.
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 Plymale, and by
unanimous consent, the remarks by Senators Kessler and Bowman
regarding the adoption of Senate Resolution No. 52 were ordered
printed in the Appendix to the Journal.
At the request of Senator Bowman, unanimous consent being
granted, the remarks by Senators Stollings, Edgell and Minard
regarding the adoption of Senate Resolution No. 52 were ordered
printed in the Appendix to the Journal.
At the request of Senator Prezioso, and by unanimous consent,
the remarks by Senators Deem and Oliverio regarding the adoption of
Senate Resolution No. 52 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 Tomblin (Mr. President), from the Committee on Rules,
submitted the following report, which was received:
Your Committee on Rules has had under consideration
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance study gray energy research benefits.
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study deer/vehicle collision.
Senate Concurrent Resolution No. 21, Requesting Joint
Committee on Government and Finance study reclassifying counties.
Com. Sub. for Senate Concurrent Resolution No. 24, Requesting
Joint Committee on Government and Finance study implementing
year-round school.
Senate Concurrent Resolution No. 31, Requesting Joint
Committee on Government and Finance study mountaintop removal site
uses.
Senate Concurrent Resolution No. 36, Requesting Joint
Committee on Government and Finance create joint interim committee
to study various higher education personnel administration and
flexibility issues.
Senate Concurrent Resolution No. 49, Requesting Joint
Committee on Government and Finance study benefits of establishing charter schools.
Senate Concurrent Resolution No. 53, Requesting Joint
Committee on Government and Finance study State Rail Plan.
Senate Concurrent Resolution No. 54, Requesting Joint
Committee on Government and Finance study green initiatives.
And,
Senate Concurrent Resolution No. 55, Requesting Joint
Committee on Government and Finance study regulating railroad
walkways.
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
Earl Ray Tomblin,
Chairman ex officio.
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. 57 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study a proposed new state
business and occupation tax on high-voltage electric power
transmission lines.
Whereas, The constitutionality of Senate Bill No. 505 or House Bill No. 3000 introduced in the 2009 regular session of the West
Virginia Legislature or similar bills in the near future, if
passed, will likely be challenged in federal court as an unlawful
restraint on interstate commerce; and
Whereas, The proposed TrAIL line subject to the proposed West
Virginia business and occupation tax would not be operational
before 2011 and the proposed PATH line subject to the proposed West
Virginia business and occupation tax would not be operational
before 2013 and, consequently, the Legislature has adequate time to
fully study the implications of a proposed new West Virginia
business and occupation tax on high-voltage electric power
transmission; and
Whereas, Any new state tax on high-voltage interstate
transmission lines regulated under federal Energy Regulatory
Commission (FERC) rate tariffs may be interpreted by other states
in the PJM Interconnection as an attempt by the State of West
Virginia to circumvent the FERC rate regime and would prompt
retaliatory impositions of taxes on those lines by other states;
and
Whereas, West Virginia ratepayers would bear the burden of the
initial cost of those extra high-voltage transmission lines, the
taxes imposed by Senate Bill No. 505 or House Bill No. 3000 and the
retaliatory taxes imposed by other states; and
Whereas, The United States Court of Appeals for the Fourth Circuit has determined that FERC may not assert federal eminent
domain power if the West Virginia Public Service Commission
declines to issue a certificate of need for an interstate high-
voltage transmission line regulated by FERC; and
Whereas, The current certificate of need application process
at the West Virginia Public Service Commission does not take into
account the full range of direct and indirect impacts of the siting
of high-voltage transmission lines as defined in Senate Bill No.
505 and House Bill No. 3000; and
Whereas, Current and future developments in conservation,
demand-side management and increased power generation capacity in
the eastern sector of the PJM Interconnection may render the need
for the PATH and TrAIL transmission lines obsolete; and
Whereas, State governments and public utility regulators in
the eastern end of the PJM Interconnection are challenging FERC
mandates to financially support interstate transmission lines such
as PATH and TrAIL; and
Whereas, The West Virginia Legislature needs a thorough
investigation of the current status of national, regional and state
policy and financial implications of high-voltage transmission
lines as defined in Senate Bill No. 505 and House Bill No. 3000
before acting unilaterally to impose a special new West Virginia
business and occupation tax on these high-voltage electric power
transmission lines; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study a proposed new state business and occupation tax
on high-voltage electric power transmission lines; and, be it
Further Resolved, That the Joint Committee on Government and
Finance may seek input from experts and other resources appropriate
to these studies; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under consideration
Senate Concurrent Resolution No. 58 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study the potential effects of
repealing the ban on the construction of nuclear power plants in
the State of West Virginia.
Whereas, An effective ban on the construction of nuclear power
plants in the State of West Virginia exists in article twenty-
seven-a, chapter sixteen of the Code of West Virginia, 1931, as
amended; and
Whereas, Recently elected and appointed federal leaders have
determined that a major policy initiative of the new administration
is to further diversify the nation's energy portfolio to include
alternative sources of energy, to reduce carbon emissions into the
environment and to create new jobs and businesses related to these
efforts; and
Whereas, The United States Department of Energy has
implemented a small-scale, clean-energy federal loan guarantee
program to encourage investment of capital into nuclear power
plants; and
Whereas, Nuclear power accounts for roughly 19 percent of the
total net electricity generated in the United States and 74 percent
of the United States' carbon-free electricity; and
Whereas; West Virginia desires to diversify its energy portfolio to include alternative energies in order to create new
jobs and stimulate the economy in West Virginia; and
Whereas, Nuclear power has proven to be a reliable alternative
source of energy to meet increasing demand for electricity without
adversely affecting air quality, global warming and public health;
and
Whereas, Nuclear power would assist West Virginia in
remaining, over the long term, a net exporter of electricity and
help maintain its preeminent position as an energy leader; and
Whereas, Nuclear power promotes economic development through
the creation of jobs and tax revenues and the availability of a
stable and reliable source of energy; and
Whereas, During construction, a nuclear power plant will
provide approximately 2,500 jobs and the average nuclear power
plant employs 400-700 people at average salaries substantially
higher than the average salary in West Virginia; and
Whereas, A thorough study is necessary to determine the
effects of repealing West Virginia's nuclear power plant
construction ban that is, in effect, inconsistent with West
Virginia's desire to maintain its preeminent position as a national
energy leader; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the effects of potentially repealing the ban on constructing nuclear power plants in the State of West Virginia;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Green,
Chair.
Senator Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Concurrent Resolution No. 59 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study improving and updating
West Virginia's severance tax on natural gas and oil.
Whereas, Currently the producer, or severer, of natural gas or
oil remits the severance tax to the state; and
Whereas, Opportunities for improved efficiency in
administration of the severance tax on natural gas or oil may exist
if severance taxes are remitted by the first purchaser of natural
gas or oil after the gas or oil has been severed, rather than
remitted by the producer; and
Whereas, Neighboring states provide that the severance tax on
natural gas and oil be remitted by the first purchaser; and
Whereas, An increase in the collection of severance taxes may
occur through the elimination of certain severance tax provisions,
including the exemption on low-producing wells and the $500 per
taxpayer tax credit; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study improving and updating West Virginia's severance
tax on natural gas and oil; and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study the impact of the elimination
of certain credits and exemptions relating to the severance tax on
natural gas and oil, including the low-producing well exemption and
the $500 per taxpayer credit; and be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Green,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Concurrent Resolution No. 60 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study the implementation and
administration of grants for economic development, infrastructure
and capital improvement through the West Virginia Economic
Development Grant Committee.
Whereas, In 2002, House Bill No. 4005 established the West
Virginia Economic Development Grant Committee to authorize bonds through the Economic Development Authority from excess state
lottery revenue to award 48 grants to public entities throughout
the state for economic development projects; and
Whereas, On January 29, 2004, the Economic Development
Authority issued $249,895,000 in lottery revenue bonds to fund the
various grants approved though the selection process of the grant
committee; and
Whereas, The grant committee is no longer a functioning entity
and the Economic Development Authority is now administering
disbursements to projects previously approved; and
Whereas, As of February 28, 2009, 95.7 percent of the total
amount of approved grants has been disbursed and $2,387,771.09
remains in the Economic Development Projects Bridge Loan Fund;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the implementation and administration of grants
for economic development, infrastructure and capital improvement
through the West Virginia Economic Development Grant Committee;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study ways to allocate and
distribute public funds for economic development, infrastructure
and capital improvement projects, in as efficient and effective method as possible to maximize the use of such funds, and to review
the 48 projects selected by the grant committee to determine
whether the projects achieved the economic development results as
contemplated by the enabling legislation; and, be it
Further Resolved, That the Joint Committee on Government and
Finance engage the services and expertise of a consultant for
business and economic research to assist in this comprehensive
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 it be
adopted.
Respectfully submitted,
Richard Browning,
Chair.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule number seventeen of the Rules of the Senate, had removed from the
Senate second reading calendar,
Engrossed House Bill No. 2734 and
Engrossed Committee Substitute for House Bill No. 3275.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 2904, Authorizing rules for
higher education.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2904) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question,
the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2904) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the ninth order of business.
Eng. House Bill No. 2069, Increasing the faculty senate
allotment for classroom teachers and librarians.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 5A. LOCAL SCHOOL INVOLVEMENT.
§18-5A-5. Public school faculty senates established; election of
officers; powers and duties.
(a) There is established at every public school in this state
a faculty senate which is comprised of all permanent, full-time
professional educators employed at the school who shall all be voting members. Professional educators, as used in this section,
means professional educators as defined in chapter eighteen-a of
this code. A quorum of more than one half of the voting members of
the faculty shall be present at any meeting of the faculty senate
at which official business is conducted. Prior to the beginning of
the instructional term each year, but within the employment term,
the principal shall convene a meeting of the faculty senate to
elect a chair, vice chair and secretary and discuss matters
relevant to the beginning of the school year. The vice chair shall
preside at meetings when the chair is absent. Meetings of the
faculty senate shall be held during the times provided in
accordance with subdivision (12), subsection (b) of this section as
determined by the faculty senate. Emergency meetings may be held
during noninstructional time at the call of the chair or a majority
of the voting members by petition submitted to the chair and vice
chair. An agenda of matters to be considered at a scheduled
meeting of the faculty senate shall be available to the members at
least two employment days prior to the meeting. For emergency
meetings the agenda shall be available as soon as possible prior to
the meeting. The chair of the faculty senate may appoint such any
committees as may be desirable necessary to study and submit
recommendations to the full faculty senate, but the acts of the
faculty senate shall be voted upon by the full body.
(b) In addition to any other powers and duties conferred by law, or authorized by policies adopted by the state or county board
of education or bylaws which may be adopted by the faculty senate
not inconsistent with law, the powers and duties listed in this
subsection are specifically reserved for the faculty senate. The
intent of these provisions is neither to restrict nor to require
the activities of every faculty senate to the enumerated items
except as otherwise stated. Each faculty senate shall organize its
activities as it deems determines most effective and efficient
based on school size, departmental structure and other relevant
factors.
(1) Each faculty senate shall control funds allocated to the
school from legislative appropriations pursuant to section nine,
article nine-a of this chapter. From such those funds, each
classroom teacher and librarian shall be allotted fifty dollars at
least $100 for expenditure during the instructional year for
academic materials, supplies or equipment which, in the judgment of
the teacher or librarian, will assist him or her in providing
instruction in his or her assigned academic subjects or shall be
returned to the faculty senate: Provided, That nothing contained
herein in this subdivision prohibits the funds from being used for
programs and materials that, in the opinion of the teacher, enhance
student behavior, increase academic achievement, improve
self-esteem and address the problems of students at-risk. The
remainder of funds shall be expended for academic materials, supplies or equipment in accordance with a budget approved by the
faculty senate. Notwithstanding any other provisions of the law to
the contrary, funds not expended in one school year are available
for expenditure in the next school year: Provided, however, That
the amount of county funds budgeted in a fiscal year may not be
reduced throughout the year as a result of the faculty
appropriations in the same fiscal year for such the materials,
supplies and equipment. Accounts shall be maintained of the
allocations and expenditures of such the funds for the purpose of
financial audit. Academic materials, supplies or equipment shall
be interpreted broadly, but does not include materials, supplies or
equipment which will be used in or connected with interscholastic
athletic events.
(2) A faculty senate may establish a process for faculty
members to interview new prospective professional educators and
paraprofessional employees at the school and submit recommendations
regarding employment to the principal, who also may also make
independent recommendations, for submission to the county
superintendent: Provided, That such the process shall be chaired
by the school principal and must permit the timely employment of
persons to perform necessary duties.
(3) A faculty senate may nominate teachers for recognition as
outstanding teachers under state and local teacher recognition
programs and other personnel at the school, including parents, for recognition under other appropriate recognition programs and may
establish such appropriate recognition programs for operation at
the school.
(4) A faculty senate may submit recommendations to the
principal regarding the assignment scheduling of secretaries,
clerks, aides and paraprofessionals at the school.
(5) A faculty senate may submit recommendations to the
principal regarding establishment of the master curriculum schedule
for the next ensuing school year.
(6) A faculty senate may establish a process for the review
and comment on sabbatical leave requests submitted by employees at
the school pursuant to section eleven, article two of this chapter.
(7) Each faculty senate shall elect three faculty
representatives to the local school improvement council established
pursuant to section two of this article.
(8) Each faculty senate may nominate a member for election to
the county staff development council pursuant to section eight,
article three, chapter eighteen-a of this code.
(9) Each faculty senate shall have an opportunity to make
recommendations on the selection of faculty to serve as mentors for
beginning teachers under beginning teacher internship programs at
the school.
(10) A faculty senate may solicit, accept and expend any
grants, gifts, bequests, donations and any other funds made available to the faculty senate: Provided, That the faculty senate
shall select a member who has the duty of maintaining a record of
all funds received and expended by the faculty senate. which
The record shall be kept in the school office and is subject to
normal auditing procedures.
(11) Any faculty senate may review the evaluation procedure as
conducted in their its school to ascertain whether the evaluations
were conducted in accordance with the written system required
pursuant to section twelve, article two, chapter eighteen-a of this
code and the general intent of this Legislature regarding
meaningful performance evaluations of school personnel. If a
majority of members of the faculty senate determine that such the
evaluations were not so conducted, they shall submit a report in
writing to the State Board: of Education Provided, That nothing
herein in this subdivision creates any new right of access to or
review of any individual's evaluations.
(12) A local board shall provide to each faculty senate a
two-hour block of time for a faculty senate meeting on a day
scheduled for the opening of school prior to the beginning of the
instructional term, and a two-hour block of time on each
instructional support and enhancement day scheduled by the board
for instructional activities for students and professional
activities for teachers pursuant to section forty-five, article
five of this chapter during an instructional day in each of the months of September, November, January, March and May. A faculty
senate may meet for an unlimited block of time per month during
noninstructional days to discuss and plan strategies to improve
student instruction and to conduct other faculty senate business.
A faculty senate meeting scheduled on a noninstructional day shall
be considered as part of the purpose for which the noninstructional
day is scheduled. This time may be utilized used and determined at
the local school level and includes, but is not limited to, faculty
senate meetings.
(13) Each faculty senate shall develop a strategic plan to
manage the integration of special needs students into the regular
classroom at their respective schools and submit the strategic plan
to the superintendent of the county board of education periodically
pursuant to guidelines developed by the State Department of
Education. Each faculty senate shall encourage the participation
of local school improvement councils, parents and the community at
large in developing the strategic plan for each school.
Each strategic plan developed by the faculty senate shall
include at least: (A) A mission statement; (B) goals; (C) needs;
(D) objectives and activities to implement plans relating to each
goal; (E) work in progress to implement the strategic plan; (F)
guidelines for placing additional staff into integrated classrooms
to meet the needs of exceptional needs students without diminishing
the services rendered to the other students in integrated classrooms; (G) guidelines for implementation of collaborative
planning and instruction; and (H) training for all regular
classroom teachers who serve students with exceptional needs in
integrated classrooms.
The bill (Eng. H. B. No. 2069), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 2225, Authorizing the
Department of Education and the Arts to Promulgate Legislative
Rules.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2305, Revising appointment
and compensation provisions of the Supreme Court Clerk and his or
her staff.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2404, Relating to inmate reimbursement for
medical services provided to persons held in regional jails.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 20. WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY
AUTHORITY.
§31-20-5f. Charges assessed against inmates for services provided
by the authority.
(a) The executive director is authorized to assess inmates
serving a sentence in any regional jail reasonable charges for
health care and treatment services provided to them by the
authority. The charges assessed against an inmate may be deducted
directly from the inmate's trustee account without the inmate's
consent. The inmate shall be notified of the amount deducted and
the charges to which it has been applied.
(b) As used in this section, a "reasonable charge" may not
exceed the sum of $5 for any billable service. Inmates shall be
notified of the fee schedule, billable services and exempt
services. Services initiated by the inmate shall be assessed a
fee, except that no charge may be assessed for:
(1) A specific health care service required under the law of
this state;
(2) An emergency service following a traumatic injury other
than a self-induced injury, or necessary to prevent death or severe
or permanent disability;
(3) Diagnosis and treatment of communicable diseases;
(4) Treatment of diagnosed severe mental illness;
(5) Treatment of specific chronic conditions identified by the executive director;
(6) Staff-initiated care, including follow-up and referral
visits;
(7) Preventative services that the executive director
determines are to be provided or made available to all inmates,
including services related to disease prevention and promotion of
proper health habits; or
(8) Other services as may be exempted by the rule of the
authority.
No inmate may be denied any necessary billable medical service
because of the inability to pay the charge.
(c) Each inmate shall be afforded an opportunity at least
quarterly to review all deposits into, withdrawals from and balance
remaining in the inmate's trustee account during the preceding
three months.
(d) The executive director shall promulgate interpretive rules
implementing this section pursuant to article three, chapter
twenty-nine-a of this code prior to making any assessment under
this section. The rules may establish the fee schedule and list of
billable services and further define services to be exempted.
The bill (Eng. H. B. No. 2404), as amended, was then ordered
to third reading.
Eng. House Bill No. 2474, Exempting land-based finfish
aquaculture facilities from certain sludge management requirements.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2651, Repealing article regulating male
breeding animals.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry
Self-Improvement Act of 1984.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2660, Expanding the
definition of limited health care service.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy
Sheriff Retirement System Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State
Teachers Retirement System.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
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.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2738, Registering protective
orders with the West Virginia Supreme Court of Appeals.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §48-27-802 of the Code of West Virginia, 1931, as
amended, be amended and reenacted; that §48-28-5 of said code be
amended and reenacted; and that §51-1-21 of said code be amended
and reenacted, all to read as follows:
CHAPTER 48. DOMESTIC RELATIONS.
ARTICLE 27. PREVENTION AND TREATMENT OF DOMESTIC VIOLENCE.
§48-27-802. Maintenance of registry by State Police.
(a) The West Virginia State Police shall maintain a registry
in which it shall enter certified copies of protective orders
entered by courts from every county in this state pursuant to the
provisions of this article and of protection orders issued by
another a jurisdiction
outside of this state pursuant to its law:
Provided, That the provisions of this subsection are not effective until a central automated state law-enforcement information system
is developed.
(b)
A petitioner who obtains Effective January 2, 2010,
a
court which enters a protective order pursuant to this article or
shall immediately register such order in the domestic violence
database established pursuant to the provisions of section twenty-
one, article one, chapter fifty-one of this code. A protected
individual who obtains a protection order from another a
jurisdiction outside of this State pursuant to its law or his or
her representative as provided in section five, article twenty-
eight of this chapter may register that order in any county within
this state where the petitioner believes enforcement may be
necessary: with the West Virginia Supreme Court of Appeals for
entry in the domestic violence database established pursuant to the
provisions of section twenty-one, article one, chapter fifty-one of
this code.
_____(c) A West Virginia protective order may be registered by the
petitioner in a county other than the issuing county by obtaining
a copy of the order of the issuing court, certified by the clerk of
that court, and presenting that certified order to the local office
of the West Virginia State Police where the order is to be
registered.
(d) Upon receipt of a certified order for registration, the
local office of the West Virginia State Police shall provide certified copies to any law-enforcement agency within its
jurisdiction, including any municipal police office and the office
of the sheriff.
(e) Nothing in this section precludes the enforcement of an
order in a county other than the county or jurisdiction in which
the order was issued if the petitioner has not registered the order
in the county in which an alleged violation of the order occurs.
(c) Failure to register an order as provided in this section
shall not affect its enforceability in any county or jurisdiction.
§48-28-5. Registration of order
(a) Any individual may register a foreign protection order in
this state by:
(1) Presenting a certified copy of the order to a local office
of the West Virginia state police the West Virginia Supreme Court
of Appeals for registration in accordance with the provisions of
section eight hundred two, article twenty-seven of this chapter.
or
(2) Presenting a certified copy of the order to the clerk of
the court in which enforcement may be sought and request that the
order be forwarded to the West Virginia state police for
registration in accordance with the provisions of section eight
hundred two, article twenty-seven of this chapter.
(b) An individual registering a foreign protection order shall
file an affidavit by the protected individual stating that, to the best of the protected individual's knowledge, the order is
currently in effect.
(c) Upon receipt of a foreign protection order for
registration, the local office of the West Virginia state police
West Virginia Supreme Court of Appeals shall:
(1) Provide certified copies of the order to any law-
enforcement agency within its jurisdiction, including any municipal
police office and the office of the sheriff;
(2) (1) Register the order in accordance with the provisions
of this section and of section eight hundred two, article twenty-
seven of this chapter;
(3) (2) Furnish to the individual registering the order a
certified copy of the registered order proof of registration of the
order.
(d) A registered foreign protection order that is shown to be
inaccurate or not currently in effect must be corrected or removed
from the registry.
(e) A foreign protection order registered under this article
may be entered in any existing state or federal registry of
protection orders in accordance with applicable law.
(f) A fee may not be charged for the registration of a foreign
protection order.
CHAPTER 51. COURTS AND THEIR OFFICERS.
ARTICLE 1. SUPREME COURT OF APPEALS.
§51-1-21. Authority to maintain domestic violence database.
(a) The West Virginia Supreme Court of Appeals is hereby
authorized to maintain a domestic violence database containing
certified copies of protective orders entered by the courts of this
state and granted pursuant to the provisions of article twenty-
seven, chapter forty-eight of this code. Further, the domestic
violence database shall also include,
whenever possible, protective
upon request, protection orders issued by other jurisdictions a
jurisdiction outside of this state pursuant to its law.
(b) Only a petitioner protected individual who obtains a
protective order pursuant to article twenty-seven, chapter forty-
eight of this code, or a protective protection order from another
a jurisdiction other than this state pursuant to its law or his or
her representative as provided in section five article, twenty-
eight of this chapter may register that order with the West
Virginia Supreme Court of Appeals.
(c) Nothing in this section precludes the enforcement of an
order in a county other than the county or jurisdiction in which
the order was issued if the petitioner has not registered the order
with the West Virginia Supreme Court of Appeals. Failure to
register an order as provided in this section shall not affect its
enforceability in any county or jurisdiction.
The bill (Eng. Com. Sub. for H. B. No. 2738), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated
provisions from the WV Code relating to vinegars.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2757, Relating to financial
audits of insurers.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page five, section one, line thirty-two, after the word
"report," by inserting the words "communication of internal
control-related matters noted in an audit,";
On page five, section one, after line forty-four, by inserting
a new subsection, designated subsection (d), to read as follows:
(d) Foreign or alien insurers required to file Management's
Report of Internal Control over Financial Reporting in another
state are exempt from filing the report in this state provided the
other state has substantially similar reporting requirements and
the report is filed with the commissioner of the other state within
the time specified.;
And relettering the remaining subsection;
On page eleven, section two, line ninety, by striking out "10A(I)" and inserting in lieu thereof "10A(i)";
And,
On page forty-five, section twelve, line fourteen, by striking
out the word "nonaffiliated" and inserting in lieu thereof the word
"nonaffiliates".
The bill (Eng. Com. Sub. for H. B. No. 2757), as amended, was
then ordered to third reading.
Eng. House Bill No. 3066, Clarifying the supervision
requirements for elevator apprentices under elevator safety.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3076, Relating to the
regulation and operation of cranes.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3082, Relating to the
gathering and reporting of foreclosure data and statistics.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Banking and Insurance, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section four-c, line seven, by striking out the
word "four-b" and inserting in lieu thereof the words "eight-a";
And,
On page six, section eight-a, line forty-six, by striking out
the following: The banking commissioner shall compile the data
monthly.
The bill (Eng. Com. Sub. for H. B. No. 3082), as amended, was
then ordered to third reading.
Eng. House Bill No. 3189, Adding members to the Capitol
Building Commission.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3208, Including the hours of
training county board members have acquired.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 2E. HIGH QUALITY EDUCATIONAL PROGRAMS.
§18-2E-4. Better schools accountability; school, school district
and statewide school report cards.
(a) For the purpose of providing information to the parents of
public school children and the general public on the quality of
education in the public schools which is uniform and comparable between schools within and among the various school districts, the
state board shall prepare forms for school, school district and
statewide school report cards and shall promulgate rules concerning
the collection and reporting of data and the preparation, printing
and distribution of report cards under this section. The forms
shall provide for brief, concise reporting in nontechnical language
of required information. Any technical or explanatory material a
county board wishes to include shall be contained in a separate
appendix available to the general public upon request.
(b) The school report cards shall include information as shall
be prescribed by lawfully promulgated rule by the state board to
give the parents of students at the school and the general public
an indication of the quality of education at the school and other
programs supportive of community needs, including, but not limited
to, the following:
(1) Indicators of student performance at the school in
comparison with the county, state, regional and national student
performance, as applicable, including student performance by grade
level in the various subjects measured pursuant to a uniform
statewide assessment program adopted by the state board; school
attendance rates; the percent of students not promoted to next
grade; and the graduation rate;
(2) Indicators of school performance in comparison with the
aggregate of all other schools in the county and the state, as applicable, including average class size; percent of enrollments in
courses in high school mathematics, science, English and social
science; amount of time per day devoted to mathematics, science,
English and social science at middle, junior high and high school
grade levels; percentage distribution of students by career cluster
as indicated on the individualized student transition plan;
pupil-teacher ratio; number of exceptions to pupil-teacher ratio
requested by the county board and the number of exceptions granted;
the number of split-grade classrooms; pupil-administrator ratio;
operating expenditure per pupil; county expenditure by fund in
graphic display; and the average degree classification and years of
experience of the administrators and teachers at the school;
(3) The names of the members of the local school improvement
council, created pursuant to section two, article five-a of this
chapter; and
(4) The name or names of the business partner or partners of
the school.
In addition, every county board shall annually shall
determine the number of administrators, classroom teachers and
service personnel employed that exceeds the number allowed by the
public school support plan and determine the amount of salary
supplements that would be available per state authorized employee
if all expenditures for the excess employees were converted to
annual salaries for state authorized administrators, classroom teachers and service personnel within their county. The
information shall be published annually in each school report card
of each such county.
(c) The school district report card shall include the data for
each school for each separately listed applicable indicator and the
aggregate of the data for all schools, as applicable, in the county
for each indicator. The statewide school report card shall include
the data for each county for each separately listed indicator and
the aggregate for all counties for each indicator.
(d) The report cards shall be prepared using actual local
school, county, state, regional and national data indicating the
present performance of the school and shall also shall include the
state norms and the upcoming year's targets for the school and the
county board.
The state board shall provide technical assistance to each
county board in preparing the school and school district report
cards.
Each county board shall prepare report cards in accordance
with the guidelines set forth in this section. The school district
report cards shall be presented at a regular school board meeting
subject to applicable notice requirements and shall be made
available to a newspaper of general circulation serving the
district. The school report cards shall be mailed directly to the
parent or parents of any each child enrolled in that school. In addition, each county board shall submit the completed report cards
to the state board which shall make copies available to any person
requesting them.
The report cards shall be completed and disseminated prior to
January 1, 1989, and in each year thereafter, and shall be based
upon information for the current school year, or for the most
recent school year for which the information is available, in which
case the year shall be clearly footnoted.
(e) In addition to the requirements of subsection (c) of this
section, the school district report card shall list the following
information:
(1) The names of the members of the county board, the dates
upon which their terms expire and whether they have attended an
orientation program for new members approved by the state board and
conducted by the West Virginia School Board Association or other
approved organizations; and other school board member training
programs
_____(2) The number of hours of training that meets state board
standards that county board members have received during the school
term reported; and
(2) (3) The names of the county school superintendent and
every assistant and associate superintendent and any training
programs related to their area of school administration which they
have attended.
The information shall also shall be reported by district in
the statewide school report card.
(f) The state board shall develop and implement a separate
report card for nontraditional public schools pursuant to the
appropriate provisions of this section to the extent practicable.
ARTICLE 4. COUNTY SUPERINTENDENT OF SCHOOLS.
§18-4-1. Election and term; interim superintendent.
(a) The county superintendent shall be appointed by the board
upon a majority vote of the members thereof to serve for a term of
not less than one, nor more than four years. At the expiration of
the term or terms for which he or she shall have been appointed,
each county superintendent shall be eligible for reappointment for
additional terms of not less than one, nor more than four years.
Provided, That at
(1) At the expiration of his or her term or terms of service
the county superintendent may transfer to any teaching position in
the county for which he or she is qualified and has seniority,
unless dismissed for statutory reasons.
(2) The appointment of the county superintendent shall be made
on or before between January 1 and June 1 for a term beginning on
July 1 following the appointment.
(b) A county superintendent who fills a vacancy caused by an
incomplete term shall be appointed to serve until the following
July 1: Provided, however, That the board may appoint an interim county superintendent to serve for a period not to exceed one
hundred twenty days from the occurrence of the vacancy. In the
event of a vacancy in the superintendent's position that results in
an incomplete term, the board may appoint an interim county
superintendent:
_____(1) To serve until the following July 1 if the vacancy occurs
before March 1.
_____(2) To serve until July 1 of the next following year if the
vacancy occurs on or after March 1, unless a superintendent is
appointed sooner.
_____(c) If the superintendent becomes incapacitated due to
accident or illness to an extent that may lead to prolonged
absence, the county board, by unanimous vote, may enter an order
declaring that an incapacity exists in which case the county board
shall appoint an acting superintendent to serve until a majority of
the members of the board determine that the incapacity no longer
exists. An acting superintendent may not serve in that capacity
for more than one year, nor later than the expiration date of the
superintendent's term, whichever occurs sooner, unless he or she is
reappointed by the county board.
_____(c) (d) Immediately following the appointment of a county
superintendent or an interim county superintendent, the president
of the county board immediately upon the appointment of the county
superintendent, or the appointment of an interim county superintendent, shall certify the appointment to the state
superintendent. Immediately following the appointment of an acting
county superintendent or a vote by a majority of the members of the
county board that an incapacity no longer exists, the president of
the county board shall certify the appointment, reappointment, or
appointment termination of the acting superintendent to the state
superintendent.
_____(d) (e) During his or her term of appointment, the county
superintendent shall be a state resident of the and shall reside in
the county which he or she serves or of in a contiguous county. in
this state, which he or she serves The county superintendent in
office on the effective date of this section shall continue in
office until the expiration of his or her term.
§18-4-4. Compensation.
On or before the first day of May June 1 of the year in which
the superintendent is appointed, the board shall fix the annual
salary of the superintendent for the period of appointment for the
term beginning on the following July 1. The board shall pay the
salary from the general current expense fund of the district.
ARTICLE 5. COUNTY BOARD OF EDUCATION.
§18-5-1a. Eligibility of members; training requirements.
(a) No person shall be eligible for membership on any county
board who is not a citizen, resident in such county, or who accepts
a position as teacher or service personnel in the school district in which he or she is a resident or who is an elected or an
appointed member of any political party executive committee, or who
becomes a candidate for any other office than to succeed oneself.
(b) No member or member-elect of any board shall be eligible
for nomination, election or appointment to any public office, other
than to succeed oneself, or for election or appointment as a member
of any political party executive committee, unless and until after
that membership on the board, or his status as member-elect to the
board, has been terminated at or before the time of his filing for
such nomination for, or appointment to, such public office or
committee: Provided, That "office" or "committee", as used in this
subsection and subsection (a) of this section, does not include
service on any board, elected or appointed, profit or nonprofit,
for which the person does not receive compensation and whose
primary scope is not related to the public schools.
(a)
A person who is a candidate for membership on a county
board or who is a member or member-elect of a county board:
_____(1) Shall be a citizen and resident in the county in which he
or she serves or seeks to serve on the county board;
_____(2) May not be employed by the county board on which he or she
serves or seeks to serve, including employment as a teacher or
service person;
_____(3) May not engage in the following political activities:
_____(A) Become a candidate for or hold any other public office, other than to succeed him or herself as a member of a county board:
_____(i) A candidate for a county board, who is not currently
serving on a county board, may hold another public office while a
candidate if he or she resigns from the other public office prior
to taking the oath of office as a county board member.
_____(ii) The term "public office" as used in this section does not
include service on any other board, elected or appointed, profit or
nonprofit, under the following conditions:
_____(I) The person does not receive compensation; and
_____(II) The primary scope of the board is not related to public
schools.
(B) Become a candidate for, or serve as, an elected or
appointed member of any political party executive committee;
_____(C) Become a candidate for, or serve as, a delegate, alternate
or proxy to a county, state or national political party convention;
_____(D) Solicit or receive political contributions to support the
election of, or to retire the campaign debt of, any candidate for
partisan office;
_____(4) May engage in any or all of the following political
activities:
_____(A) Make campaign contributions to partisan or bipartisan
candidates;
_____(B) Attend political fund raisers for partisan or bipartisan
candidates;
_____(C) Serve as an unpaid volunteer on a partisan campaign;
_____(D) Politically endorse any candidate in a partisan or
bipartisan election; or
_____(E) Attend a county, state or national political party
convention.
_____(c) (b) A member or member-elect of a county board, or a
person desiring to become a member of a county board, may make a
written request to the West Virginia Ethics Commission for an
advisory opinion on whether to determine if another elected or
appointed position held or sought by the person is an office or
public office which would bar serving service on the a county board
pursuant to subsections subsection (a) and (b) of this section.
(1) Within thirty days of receipt of the request, the Ethics
Commission shall issue a written advisory opinion in response to
the request and shall also shall publish such the opinion in a
manner which, to the fullest extent possible, does not reveal the
identity of the person making the request.
(2) Any A county board member who relied relies in good faith
upon an advisory opinion issued by the West Virginia Ethics
Commission to the effect that holding a particular office or public
office is not a bar from membership on a county board of education
and against whom proceedings are subsequently brought for removal
from the county board on the basis of holding such that office or
offices shall be is entitled to reimbursement by the county board for reasonable attorney's fees and court costs incurred by the
member in defending against such these proceedings, regardless of
the outcome of the proceedings.
(3) Further, no A vote cast by the member at a meeting of the
county board shall may not be invalidated due to a subsequent
finding that holding the particular office or public office is a
bar to membership on the county board.
(4) Good faith reliance on a written advisory opinion of the
West Virginia Ethics Commission that a particular office or public
office is not a bar to membership on a county board of education is
an absolute defense to any civil suit or criminal prosecution
arising from any proper action taken within the scope of membership
on the county board, becoming a member-elect of the county board or
seeking election to the county board.
(d) (c) Any person who is elected or appointed To be eligible
for election or appointment as a member of a county board on or
after May 5, 1992, a person shall possess at least a high school
diploma or a general educational development (GED) diploma.
Provided, That This provision shall does not apply to members or
members-elect who have taken office prior to May 5, 1992, and who
serve continuously therefrom from that date forward.
(e) (d) No A person elected to a county board after July 1,
1990, shall may not assume the duties of county board member unless
he or she has first attended and completed a course of orientation relating to boardsmanship and governance effectiveness which shall
be given between the date of election and the beginning of the
member's term of office Provided, That under the following
conditions:
_____(1) A portion or portions of subsequent training such as that
offered in orientation may be provided to members after they have
commenced their term of office; Provided, however, That
(2) Attendance at the session of orientation given between the
date of election and the beginning of the member's term of office
shall permit such member or members permits the member-elect to
assume the duties of county board member, as specified in this
section;
(3) Members appointed to the county board shall attend and
complete the next such course offered following their appointment;
Provided further, That and
_____(4) The provisions of this section subsection relating to
orientation shall do not apply to members who have taken office
prior to July 1, 1988, and who serve continuously therefrom from
that date forward.
(f) Commencing on the effective date of this section, members
(e) Annually, each member of a county board shall annually
receive seven clock hours of training in areas relating to
boardsmanship, governance effectiveness, and school performance
issues including, but not limited to, pertinent state and federal statutes such as the "Process for Improving Education" set forth in
section five, article two-e of this chapter and the "No Child Left
Behind Act" and their respective administrative rules. Such
(1) The orientation and training shall be approved by the
state board and conducted by the West Virginia School Board
Association or other organization or organizations approved by the
state board: Provided, That
(A) The state board may exclude time spent in training on
school performance issues from the requisite seven hours herein
required; Provided, however, That and
_____(B) If the state board elects to exclude time spent in
training on school performance issues from the requisite seven
hours, such training shall be limited by the state board shall
limit the training to a feasible and practicable amount of time.
(2) Failure to attend and complete such an the approved course
of orientation and training relating to boardsmanship and
governance effectiveness without good cause as determined by the
state board by duly promulgated legislative rules of the state
board shall constitute constitutes neglect of duty.
(g) In the final year of any four-year term of office, a
member shall satisfy the annual training requirement before January
1.
The state board shall petition the circuit court of Kanawha
County to remove any county board member who has failed to or who
refuses to attend and complete the approved course of orientation and training. If the county board member fails to show good cause
for not attending the approved course of orientation and training,
the court shall remove the member from office. Failure to comply
with the training requirements of this section without good cause
as defined by the state board by duly promulgated legislative rules
constitutes neglect of duty under section seven, article six,
chapter six of this code.
_____(h) The state board shall appoint a committee named the
"county board member training standards review committee" whose
members shall meet at least annually. Subject to state board
approval, the committee shall determine which particular trainings
and training organizations shall be approved and whether county
board members have satisfied the annual training requirement.
Members of the committee serve without compensation, but may be
reimbursed by their agencies or employers for all reasonable and
necessary expenses actually incurred in the performance of their
duties under this subsection.
The bill (Eng. Com. Sub. for H. B. No. 3208), as amended, was
then ordered to third reading.
Eng. House Bill No. 3229, Relating to creation of the Science
and Research Council.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on Education, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 18B. SCIENCE AND RESEARCH COUNCIL.
§18B-18B-1. Science and Research Council established; purposes.
(a) The Science and Research Council is hereby established.
For the purposes of this article only, "council" means the Science
and Research Council established herein.
(b) The purposes of the council include, but are not limited
to, the following:
(1) Increasing the capacity of the state and state
institutions of higher education to attract, implement and use
cutting-edge, competitive research funds and infrastructure;
(2) Providing expertise and policy guidance in science and
research to the state, its agencies and state institutions of
higher education regarding federal programs such as the
Experimental Program to Stimulate Competitive Research ("EPSCoR")
and similar state programs such as the West Virginia Research Trust
Fund established in article eighteen-a of this chapter and the
Research Challenge Fund established in section twelve, article one-
b of this chapter;
(3) Encouraging research collaboration among public and
private institutions of higher education and the private sector,
both within and outside the state;
(4) Promoting education at all levels in the fields of
science, technology, engineering and mathematics; and
(5) Providing recommendations to the Commission and state
policymakers, including the Governor and Legislature, regarding
science and research initiatives and effective programmatic
activities, budgets and investments to implement those initiatives.
(c) The council replaces the EPSCoR State Advisory Council and
consists of fifteen members as follows:
(1) The vice presidents in charge of research at Marshall
University and West Virginia University;
(2) A representative of health sciences at Marshall University
and a representative of health sciences at West Virginia
University, appointed by the deans of the respective schools of
medicine;
(3) The Secretary of Education and the Arts or designee;
(4) The State Superintendent of Schools or designee;
(5) The Secretary of Commerce or designee;
(6) The Vice Chancellor for Science and Research of the
Commission;
(7) The Chancellor of the Commission who chairs the council;
(8) One member engaged in applied research at Marshall
University and one member engaged in applied research at West
Virginia University, appointed by the provosts of the respective
universities; and
(9) Four members, appointed by the Governor, who have
demonstrated interest, knowledge, skill and experience in academic
research and scientific innovation and who possess recognized
credentials and expertise in one or more of the following areas:
(A) Science, technology, engineering or mathematics ("STEM")
fields;
(B) Cyberinfrastructure, information technology or computer
science;
(C) Research and development;
(D) Technology based economic development or industry; or
(E) Undergraduate research or science education.
At least two of the members appointed by the Governor shall be
representatives of business or industry.
(d) Of the initial appointments made by the Governor, one
member shall be appointed to a one-year term; one member shall be
appointed to a two-year term; one member shall be appointed to a
three-year term; and one member shall be appointed to a four-year
term. Of the initial appointments made by the deans of schools of
medicine, the member appointed by the dean of the Marshall
University School of Medicine shall be appointed to a two-year
term, and the member appointed by the dean of the West Virginia
University School of Medicine shall be appointed to a three-year
term. Of the initial appointments made by the provosts, the member
appointed by the West Virginia University provost shall be appointed to a two-year term, and the member appointed by the
Marshall University provost shall be appointed to a four-year term.
(e) After the initial appointments, all members serve terms of
four years. Each appointed member who qualifies under the
provisions of this section may serve for no more than two
successive terms. An appointment to fill a vacancy on the council
or reappointment of a member who is eligible to serve an additional
term is made in accordance with the provisions of this section.
(f) Members of the council serve without compensation, but are
entitled to reimbursement by the commission for expenses, including
travel expenses, actually incurred by the member in the official
conduct of the business of the council.
§18B-18B-2. Strategic plan; reports.
(a) The council shall develop a strategic state plan for
science and technology research that establishes a collaborative
process to engage all scientific research resources, both public
and private, in a comprehensive, strategic network. The council's
strategic state plan serves as the state plan for science and
technology research.
(b) At a minimum, the strategic plan shall address science and
technology research resources and their relation to the following
areas of research:
(1) Human and physical infrastructure;
(2) Policy development;
(3) Education and outreach;
(4) Research innovation; and
(5) Economic development.
(c) Periodically, the council shall reassess the strategic
state plan and update it as needed. Any new or updated strategic
state plan shall be approved by the commission prior to becoming
effective.
(d) The EPSCoR Advisory Council's current "Vision 2015: The
West Virginia Science and Technology Strategic Plan" serves as the
state plan for science and technology research until a plan is
approved by the council.
(e) The council shall report to the Legislative Oversight
Commission on Education Accountability by July 1, 2010, and
annually thereafter, on progress in implementing the strategic
state plan, as well as any updates to the plan.
The bill (Eng. H. B. No. 3229), as amended, was then ordered
to third reading.
Eng. Com. Sub. for House Bill No. 3275, Changing the date
through which governmental entities are required to purchase
workers' compensation.
Having been removed from the Senate second reading calendar in
earlier proceedings today, no further action thereon was taken.
The Senate proceeded to the tenth order of business.
Eng. Com. Sub. for House Bill No. 2839, Relating to the management of pain by physicians.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 3196, Declaring certain
claims against the state and its agencies to be moral obligations
of the state.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2218, Authorizing the
Department of Transportation to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2218) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2222, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2222) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2407, Relating to trustee
accounts and funds, earnings and personal property of inmates.
And,
Eng. Com. Sub. for House Bill No. 2569, Creating the Juvenile
Services Reimbursement Offender Fund.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2407 and 2569)
contained in the preceding report from the Committee on Finance
were each taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2684, West Virginia Drug
Offender Accountability and Treatment 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,
Jeffrey V. Kessler,
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 the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2684) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2753, Relating to the
continuation of the Design-Build Program.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2753) contained in
the preceding report from the Committee on Finance was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2877, Increasing the
monetary penalties, removing the possibility of incarceration and
adding community service for a minor who misrepresents his or her
age when purchasing alcohol.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2877) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2920, Eliminating the felony conviction
for a second or subsequent conviction of petit larceny.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2920) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. House Bill No. 2950, Creating the Neighborhood Housing
and Economic Stabilization Program for low-income minority
neighborhoods.
With amendments from the Committee on Economic Development
pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Economic Development to which
the bill was first referred.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. H. B. No. 2950) contained in the preceding
report from the Committee on Finance was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2952, Clarifying that a terroristic threat
is a felony regardless of intent to actually commit the threatened
act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2952) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3036, Relating to notice and
publication requirements for expungement petitions.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3036) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
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, Tuesday, April 7, 2009, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
