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sdj-55th day
WEST VIRGINIA LEGISLATURE

SENATE JOURNAL

SEVENTY-NINTH LEGISLATURE

REGULAR SESSION, 2010

FIFTY-FIFTH DAY

____________

Charleston, W. Va., Monday, March 8, 2010

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

Prayer was offered by the Reverend Cameron Harkness, Oak Grove Presbyterian Church, Hillsboro, West Virginia.
Pending the reading of the Journal of Friday, March 5, 2010,
On motion of Senator D. Facemire, 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 concurrence by that body in the passage of
Eng. Com. Sub. for Senate Bill No. 89, Relating to reinstating former police chiefs or deputy chiefs to previously held positions.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 349, Requiring child care centers have written evacuation plan.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage of
Eng. Senate Bill No. 514, Clarifying certain language in Controlled Substances Monitoring Act.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Com. Sub. for Senate Bill No. 543, Authorizing Energy and Water Savings Revolving Loan Fund Program and PROMISE rules for Higher Education Policy Commission.
A message from The Clerk of the House of Delegates announced the concurrence by that body in the passage, to take effect from passage, of
Eng. Senate Bill No. 553, Extending time to purchase full service credit in Teachers' Defined Contribution Retirement System.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended with its House of Delegates amended title, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 604, Extending mental hygiene procedures' sunset provision.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were reported by the Clerk:
By striking out everything after the enacting clause and inserting in lieu thereof the provisions of Engrossed Committee Substitute for House Bill No. 4563;
And,
By striking out the title and substituting therefor a new title, to read as follows:
Eng. Senate Bill No. 604--A Bill
to amend and reenact §27-5-11 of the Code of West Virginia, 1931, as amended; and to amend and reenact §27-7-1 of said code, all relating to mental hygiene procedures; extending the termination date of the modified mental hygiene procedures pilot project; and providing that upon discharge from a mental health facility an individual will be informed about a durable medical power of attorney.
On motion of Senator Chafin, the Senate refused to concur in the foregoing House amendments to the bill (Eng. S. B. No. 604) and requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, to take effect July 1, 2010, and requested the concurrence of the Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 631, Updating process for adopting textbooks and other instructional material.
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 one, line eighteen, by striking out the word "adopted" and inserting in lieu thereof the word "instructional";
On page three, section one, line twenty, after the word "The" by striking out the word "adopted" and inserting in lieu thereof the word "instructional"
;
On page four, section one, line forty-three, after the word "County" by inserting the word "board";
On page six, section one, line eighty-five, by striking out the word "change" and inserting in lieu thereof the word "charge";
On page eight, section two, line thirty-four, by striking out the word "adoptions" and inserting in lieu thereof the words "approvals for adoption";
On page nine, section two,
line fifty-one, after the word "initial" by inserting the words "approvals for";
On page ten, section three, lines eleven and twelve, by striking out the words "committee members" and inserting in lieu thereof the word "teams";
On page ten, section three, line eighteen, by striking out the words "or local education agency";
On page ten, section three, line twenty-one, after the word "education" by inserting the words "or regional education service agency";
On page twelve, section four, line thirty, after the word "the" by inserting the word "instructional";
On page sixteen, section five, line forty-one, by striking out the word "Districts" and inserting in lieu thereof the words "County boards";
On page sixteen, section five, line forty-three, by striking out the word "hall" and inserting in lieu thereof the word "shall"
;
On page seventeen, section six, line three, by striking out the word "adopted" and inserting in lieu thereof the words "on the state multiple list";
And,
On page eighteen, section seven, line ten, after the word "adopted" by inserting the word "instructional".

On motion of Senator Chafin, the Senate concurred in the House of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 631, 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, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Caruth, Fanning, Hall and Oliverio--4.
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. 631) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2010.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--30.
The nays were: None.
Absent: Caruth, Fanning, Hall and Oliverio--4.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 631) takes effect July 1, 2010.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate.
The Senate proceeded to the fourth order of business.
Senator Palumbo, from the Joint Committee on Enrolled Bills, submitted the following report, which was received:
Your Joint Committee on Enrolled Bills has examined, found truly enrolled, and on the 5th day of March, 2010, presented to His Excellency, the Governor, for his action, the following bill, signed by the President of the Senate and the Speaker of the House of Delegates:
(S. B. No. 477), Creating centralized filing system for legislative reports.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Eng. Com. Sub. for House Bill No. 4145, Providing services and facilities to assist student veterans at state institutions of higher education.
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 Education.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4145) contained in the preceding report from the Committee on Military 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 Education, with amendments from the Committee on Military pending.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
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 reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolution, under the original double committee reference, was then referred to the Committee on Rules.
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. 10, The "Sgt. Justin Alan Thompson Memorial Highway".
And reports the same back with the recommendation that it be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
Senators
Prezioso, Helmick, Laird, Kessler, Deem, Sypolt, Boley, Green, Snyder, Plymale and Edgell offered the following resolution:
Senate Concurrent Resolution No. 55--
Requesting the Joint Committee on Government and Finance to study the accuracy and accountability in the use of taxpayer dollars relating to the health of women and children and ensure that abortions are as safe for women and as rare for the unborn as possible.
Whereas, The decision of the Supreme Court of West Virginia in Women's Health Center of WV, Inc. v. Panepinto, 191 W. Va. 436 (1993), restricts the denial of the use of public moneys to terminate a pregnancy, the use of the public trust requires vigilant accountability when public moneys are expended; and
Whereas, Reporting requirements should be established to apply to any person, organization, or entity operating an abortion facility receiving, controlled by, or having transferred to, moneys from any state fund or funding source; and
Whereas, It is the policy of the State of West Virginia to promote and encourage the health, safety and welfare of the women and children of this state; to encourage strong prenatal and pediatric care and encourage the use of taxpayer dollars toward programs that do not include abortion services; and
Whereas, In furtherance of that policy, and to provide adequate accountability of the public trust, those persons, organizations, or entities receiving public moneys should annually file a report with the Department of Health and Human Services (hereinafter, "department"), in which the person, organization, or entity must, attest to the following information:
1. The amount of public moneys used for abortion services;
2. The number of abortions performed in which public moneys were used (in whole or in part);
3. The number of adoption referrals made prior to the performance of an abortion;
4. The age of the woman requesting an abortion;
5. A sworn statement by the person, organization, or entity that any pregnant woman deemed incapable of giving consent was referred to members of the local law-enforcement for investigation;
6. A sworn statement by the person, organization, or entity that all legal requirements were met prior to the performance of an abortion; and
7. The number of abortions, performed with public moneys, which were deemed a medical emergency.
Whereas, In support of the state's compelling interest in providing for the common benefit, protection, and security of its women, children, and families, if an abortion is performed at a publicly or privately funded medical facility in this state, the medical facility should submit to the department a report of each abortion performed in the hospital or facility. The report may not identify the individual patient by name, but must include the following information:
1. The name and address of the facility where the abortion was performed;
2. The type of facility where the abortion was performed;
3. The county where the abortion was performed;
4. The woman's age;
5. The woman's educational background by highest grade completed and, if applicable, level of college completed;
6. The county and state in which the woman resides;
7. The woman's race and ethnicity;
8. The woman's marital status;
9. The number of prior pregnancies and prior abortions of the woman;
10. The number of previous spontaneous terminations of pregnancy of the woman;
11. The gestational age of the unborn child at the time of the abortion;
12. The reason for the abortion, including whether the abortion is elective or due to maternal or fetal health considerations;
13. The type of procedure performed or prescribed and the date of the abortion;
14. Any preexisting medical conditions of the woman that would complicate pregnancy and any known medical complication that resulted from the abortion; and
15. The basis for any medical judgment that a medical emergency existed that excused the physician from compliance with the requirements of this chapter.
Whereas, A physician's statement, if required, must be signed by the physician who performed the abortion or, if a health professional other than a physician is authorized by law to prescribe or administer abortion medication, the signature and title of the person who prescribed or administered the abortion medication. The form should indicate that the person who signs the report is attesting that the information in the report is correct. The medical facility should transmit the report to the department within fifteen days after the last day of each reporting month; and
Whereas, A health professional who provides medical care or treatment to a woman who, in the good faith judgment of the health professional, is in need of medical care because of a complication or complications resulting from having undergone an abortion or attempted abortion must file a report with the department on a form prescribed by the department within thirty days after the date of the health professional's first examination of the woman. The report should contain the following information and other information as the department may require:
(1) The date of the abortion;
(2) The woman's age;
(3) The number of pregnancies the woman may have had before the abortion;
(4) The number and type of abortions the woman may have had before this abortion;
(5) The name and address of the facility where the abortion was performed;
(6) The gestational age of the unborn child at the time of the abortion, if known;
(7) The type of abortion performed, if known;
(8) The nature of the complication or complications;
(9) The medical treatment given; and
(10) The nature and extent, if known, of any permanent condition caused by the complication.
The medical facility should complete the complication report, which shall indicate that the person who signs the report is attesting that the information in the report is correct. The medical facility should transmit the report to the department within fifteen days after the last day of each reporting month; and
Whereas, Any report should not contain the name of the woman, common identifiers such as the woman's social security number, driver license number or insurance carrier identification numbers or any other information or identifiers that would make it possible to identify in any manner or under any circumstances an individual who has obtained or seeks to obtain an abortion; and
Whereas, The department should collect all abortion reports and complication reports and prepare a comprehensive annual statistical report based on the data gathered in the reports. The statistical report may not lead to the disclosure of the identity of any person filing a report or about whom a report is filed. The department should make the statistical report available on its website and for public inspection and copying. These reports are not public records and are not available for public inspection, except that disclosure may be made to law-enforcement officials on an order of a court after application showing good cause. The court may condition disclosure of the information on any appropriate safeguards it may impose; and
Whereas, The study should also review and propose potential penalties, civil or criminal, that should be imposed for noncompliance; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the accuracy and accountability in the use of taxpayer dollars relating to the health of women and children and ensure that abortions are as safe for women and as rare for the unborn as possible; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 56--Requesting the Division of Highways name bridge number 28-120-2.43, located in Mercer County, the "Phoebe Goodwill Memorial Bridge".
Whereas, Phoebe Goodwill and her husband Philip were early pioneers in the coalfields of southern West Virginia; and
Whereas, Phoebe Goodwill and her husband Philip owned Goodwill Coal & Coke Company; and
Whereas, Phoebe Goodwill and her husband Philip built a mansion overlooking the Bluestone River and downtown Bramwell; and
Whereas, Phoebe Goodwill and her husband Philip played an important role in making Bramwell the booming business capitol of the coalfields; and
Whereas, It is fitting, to honor the memory of Phoebe Goodwill, who represents the strong women of the pioneer coal mining days, by naming bridge number 28-120-2.43, located in Mercer County, the "Phoebe Goodwill Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 28-120-2.43, located in Mercer County, the "Phoebe Goodwill Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Phoebe Goodwill Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 57--Requesting the Division of Highways name bridge number 28-20/5-0.07, located in Mercer County, the "Yon-Peraldo Memorial Bridge".
Whereas, Mauro Peraldo and Livio Yon were natives of Piedicavallo, Italy; and
Whereas, Mauro Peraldo and Livio Yon learned the stonemason trade as apprentices during their childhood; and
Whereas, Mauro Peraldo and Livio Yon settled in Bramwell, West Virginia, when they arrived from Italy; and
Whereas, Mauro Peraldo and Livio Yon, with a crew of at least 20 stonemasons, built grand structures, foundations, stone walls, cemetery walls and reservoirs; and
Whereas, Mauro Peraldo and Livio Yon's artistic work remains as a treasured legacy for the people in the 21st Century to appreciate; and
Whereas, It is fitting, to honor the memory of Mauro Peraldo and Livio Yon, by naming bridge number 28-20/50.07, located in Mercer County, the "Yon-Peraldo Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 28-20/5-0.07, located in Mercer County, the "Yon- Peraldo Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Yon-Peraldo Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 58--Requesting the Division of Highways name bridge number 28-20/9-0.09, located in Mercer County, the "Andrew Scott Memorial Bridge".
Whereas, Andrew Scott was born in Middleton-in-Teasdale, Durham County, England, in 1857; and
Whereas, Andrew Scott was a stonemason, carpenter and bricklayer by trade when he traveled to America in his early 20's; and
Whereas, Andrew Scott moved to the booming Pocahontas coalfield and worked for Mill Creek Coal & Coke Company at Cooper; and
Whereas, Andrew Scott specialized in construction of mine portals and coke ovens, both beehive and block; and
Whereas, Andrew Scott bought property on a hillside overlooking downtown Bramwell and built his stone house there, which is still standing today; and
Whereas, It is fitting, to honor the memory of Andrew Scott for his contributions to the area, by naming bridge number 28-20/9-0.09, located in Mercer County, the "Andrew Scott Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 28-20/9-0.09, located in Mercer County, the "Andrew Scott Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Andrew Scott Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senator Chafin offered the following resolution:
Senate Concurrent Resolution No. 59--Requesting the Division of Highways name bridge number 28-120-1.37, located in Mercer County, the "Maria Cooper Memorial Bridge".
Whereas, Maria Cooper was born in England and immigrated to the anthracite coalfields of Pennsylvania during the American Civil War; and
Whereas, From Pennsylvania, Maria Cooper and her husband John moved in a mule-drawn wagon to the bituminous New River field in Quinnemont; and
Whereas, In 1884, John Cooper's Mill Creek Mine was the first mine opened on the West Virginia side of the Pocahontas coal field; and
Whereas, Maria Cooper was stood strong beside her husband through all the hardship and prosperity; and
Whereas, Maria Cooper was active in the community and her generosity, kindness and benevolence were known throughout the town of Bramwell; and
Whereas, It is fitting, to honor the memory of Maria Cooper, by naming bridge number 28-120-1.37, located in Mercer County, the "Maria Cooper Memorial Bridge"; therefore, be it
Resolved by the West Virginia Legislature:
That the Legislature hereby requests the Division of Highways name bridge number 28-120-1.37, located in Mercer County, the "Maria Cooper Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Maria Cooper Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Secretary of the Department of Transportation.
Which, under the rules, lies over one day.
Senators Prezioso, Barnes, Snyder, Plymale, Oliverio, Kessler, Stollings and McCabe offered the following resolution:
Senate Resolution No. 50--
Designating the week of March 7-13, 2010, as National Problem Gambling Awareness Week in West Virginia.
Whereas, On behalf of the citizens of West Virginia, the Senate joins the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia in promoting March 7-13, 2010, as National Problem Gambling Awareness Week in West Virginia; and
Whereas, Promoting the awareness week provides individuals in the problem gambling community an opportunity to educate the public and policymakers about the social and financial effectiveness of services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting millions of Americans of all ages, races and ethnic backgrounds in all communities and which has a significant societal and economic cost; and
Whereas, Problem gambling is treatable and treatment is effective in minimizing the harm to both individuals and society as a whole; and
Whereas, Numerous individuals, professionals and organizations have dedicated their efforts to the education of the public about problem gambling and the availability and effectiveness of treatment; and
Whereas, The Senate, the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia invite all residents of West Virginia to participate in National Problem Gambling Awareness Week; therefore, be it
Resolved by the Senate:
That the Senate hereby designates the week of March 7-13, 2010, as National Problem Gambling Awareness Week in West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the West Virginia Council on Problem Gambling and the Problem Gamblers Help Network of West Virginia.

At the request of Senator Prezioso, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one minute.
Upon expiration of the recess, the Senate reconvened and proceeded to the seventh order of business.
Senate Concurrent Resolution No. 49, Requesting DOH name bridge in Mercer County "Isabella Freeman Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 50, Requesting DOH name bridge in Wayne County "Corporal Samuel R. Drown Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk and referred to the Committee on Transportation and Infrastructure.
Senate Resolution No. 49, Supporting Governor's efforts in developing South Charleston Technology Park.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 4026, Relating to higher education capital facilities generally.
On third reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. Com. Sub. for House Bill No. 4374, Caregivers Consent Act.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Fanning and Oliverio--3.
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. 4374) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4374--A Bill
to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11- 5, §49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating to establishing the Caregivers Consent Act; defining terms; setting parameters of caregiver's consent for minor's health care; detailing duties of health care facilities or practitioners; stating requirements for affidavits of caregiver consent; providing for revocation or termination of consent; limiting liability for good faith reliance on affidavit; stating exceptions to applicability; creating a criminal penalty for false statement; and establishing rule-making authority .
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 4407, Updating the law regarding the rabies vaccinations of dogs and cats.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: None.
Absent: Caruth, Fanning and Oliverio--3.
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. 4407) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4407--A Bill to amend and reenact §19-20A-2 and §19-20A-5 of the Code of West Virginia, 1931, as amended, all relating to requiring rabies vaccination of dogs and cats of a certain age; requiring that administered rabies vaccinations be capable of producing immunity for three years; requiring that dogs and cats receive necessary boosters; providing for the appointment of a qualified person to vaccinate when there is no licensed veterinarian in the county; and requiring rabies vaccinations for dogs and cats prior to entering the state.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.

Eng. Com. Sub. for House Bill No. 3301,
Amending the Division of Labor rule verifying employees legal employment status.
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. 4133, Clarifying the requirements to practice marriage and family therapy.
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 31. LICENSED PROFESSIONAL COUNSELORS.

§30-31-9. Requirements for a license to practice marriage and family therapy.

(a) To be eligible for a license to practice marriage and family therapy, an applicant must:
(1) Be of good moral character;
(2) Be at least eighteen years of age;
(3) Be a citizen of the United States or be eligible for employment in the United States;
(4) Pay the applicable fee;
(5)(A)(i) Have earned a master's degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, the Council for Accreditation of Counseling and Related Education Programs, or a comparable accrediting body as approved by the board, or in a field closely related to an accredited marriage and family therapy program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least two years of supervised professional experience in marriage and family therapy of such a nature as is designated by the board after earning a master's degree or equivalent; or
(B) (i) Have earned a doctorate degree in marriage and family therapy from a program accredited by the Commission on Accreditation for Marriage and Family Therapy Education, the Council for Accreditation of Counseling and Related Education Programs, or a comparable accrediting body as approved by the board, or in a field closely related to an accredited marriage and family therapy program as determined by the board, or have received training equivalent to such degree as may be determined by the board; and
(ii) Have at least one year of supervised professional experience in marriage and family therapy of such a nature as is designated by the board after earning a doctorate degree or equivalent;
(6) Have passed a standardized national certification examination in marriage and family therapy as approved by the board;
(7) Not have been convicted of a felony or crime involving moral turpitude under the laws of any jurisdiction:
(A) If the applicant has never been convicted of a felony or a crime involving moral turpitude, the applicant shall submit letters of recommendation from three persons not related to the applicant and a sworn statement from the applicant stating that he or she has never been convicted of a felony or a crime involving moral turpitude; or
(B) If the applicant has been convicted of a felony or a crime involving moral turpitude, it is a rebuttable presumption that the applicant is unfit for licensure unless he or she submits competent evidence of sufficient rehabilitation and present fitness to perform the duties of a licensed professional counselor person licensed to practice marriage and family therapy as may be established by the production of:
(i) Documentary evidence including a copy of the relevant release or discharge order, evidence showing compliance with all conditions of probation or parole, evidence showing that at least one year has elapsed since release or discharge without subsequent conviction, and letters of reference from three persons who have been in contact with the applicant since his or her release or discharge; and
(ii) Any collateral evidence and testimony as may be requested by the board which shows the nature and seriousness of the crime, the circumstances relative to the crime or crimes committed and any mitigating circumstances or social conditions surrounding the crime or crimes, and any other evidence necessary for the board to judge present fitness for licensure or whether licensure will enhance the likelihood that the applicant will commit the same or similar offenses;
(8) Not be an alcohol or drug abuser as these terms are defined in section eleven, article one-a, chapter twenty-seven of this code: Provided, That an applicant who has had at least two continuous years of uninterrupted sobriety in an active recovery process, which may, in the discretion of the board, be evidenced by participation in a twelve-step program or other similar group or process, may be considered; and
(9) Has fulfilled any other requirement specified by the board.
(b) A person who holds a license or other authorization to practice marriage and family therapy issued by another state, the qualifications for which license or other authorization are determined by the board to be at least substantially equivalent to the license requirements in this article, is eligible for licensure.

(b) (c) A person seeking licensure under the provisions of this section shall submit an application on a form prescribed by the board and pay all applicable fees.
(c) (d) A person who is licensed for the five years prior to the effective date of this section
as of July 1, 2010 and has substantially similar qualifications as required by subdivision (1), (2), (3), (4), (5)(A)(i) or (5)(B)(i), (6) and (7) and (8) of subsection (a) of this section is eligible for a license to practice marriage and family therapy until July 1, 2013 2012, and is eligible for renewal under section ten.
The bill (Eng. Com. Sub. for H. B. No. 4133), as amended, was then ordered to third reading.
Eng. House Bill No. 4171, Relating to criminogenic risk and needs assessments.
On second reading, coming up in regular order, was read a second time.
The following amendments to the bill, from the Committee on the Judiciary, were reported by the Clerk, considered simultaneously, and adopted:
On pages two through fifteen, by striking out all of section thirteen;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §25-1-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:.
The bill (Eng. H. B. No. 4171), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4291, Eliminating duplicitous criminal background investigations with both the West Virginia State Police and the Federal Bureau of Investigation.
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. 4352, Authorizing the West Virginia Supreme Court of Appeals to create a Business Court Division within certain circuit court districts.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Kessler, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
Eng. House Bill No. 4361, Removing provisions prohibiting sharing domestic violence information with other governments.
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. 4459, Increasing the time in which a dependent may apply for Workers Compensation death benefits where occupational pneumoconiosis is determined to be a cause of death.
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 §23-4-10 and §23-4-15 of the Code of West Virginia, 1931, as amended, be amended and reenacted to read as follows:
ARTICLE 4. DISABILITY AND DEATH BENEFITS.

§23-4-10. Classification of death benefits; "dependent" defined.

In case a personal injury, other than occupational pneumoconiosis or other occupational disease, suffered by an employee in the course of and resulting from his or her employment, causes death, and disability is continuous from the date of the injury until the date of death, or if death results from occupational pneumoconiosis or from any other occupational disease, the benefits shall be in the amounts and to the persons as follows:
(a) If there are no dependents, the disbursements shall be limited to the expense provided for in sections three and four of this article;
(b) If there are dependents as defined in subdivision (d) of this section, the dependents shall be paid for as long as their dependency continues in the same amount that was paid or would have been paid the deceased employee for total disability had he or she lived. The order of preference of payment and length of dependence shall be as follows:
(1) A dependent widow or widower until death or remarriage of the widow or widower, and any child or children dependent upon the decedent until each child reaches eighteen years of age or where the child after reaching eighteen years of age continues as a full-time student in an accredited high school, college, university, business or trade school, until the child reaches the age of twenty-five years, or if an invalid child, to continue as long as the child remains an invalid. All persons are jointly entitled to the amount of benefits payable as a result of employee's death;
(2) A wholly dependent father or mother until death; and
(3) Any other wholly dependent person for a period of six years after the death of the deceased employee;
(c) If the deceased employee leaves no wholly dependent person, but there are partially dependent persons at the time of death, the payment shall be fifty dollars a month to continue for the portion of the period of six years after the death, determined by the commission, successor to the commission, other private carrier or self-insured employer, whichever is applicable, but no partially dependent person shall receive compensation payments as a result of the death of more than one employee.
Compensation under this subdivision and subdivision (b) of this section shall, except as may be specifically provided to the contrary in those subdivisions, cease upon the death of the dependent, and the right to the compensation shall not vest in his or her estate.
(d) "Dependent", as used in this chapter, means a widow, widower, child under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, invalid child or posthumous child, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee, stepchild under eighteen years of age, or under twenty-five years of age when a full-time student as provided in this section, child under eighteen years of age legally adopted prior to the injury causing death, or under twenty-five years of age when a full-time student as provided in this section, father, mother, grandfather or grandmother, who, at the time of the injury causing death, is dependent, in whole or in part, for his or her support upon the earnings of the employee; and invalid brother or sister wholly dependent for his or her support upon the earnings of the employee at the time of the injury causing death; and
(e) If a person receiving permanent total disability benefits dies from a cause other than a disabling injury leaving any dependents as defined in subdivision (d) of this section, an award shall be made to the dependents in an amount equal to one hundred four times the weekly benefit the worker was receiving at the time of his or her death and be paid either as a lump sum or in periodic payments, at the option of the dependent or dependents.
(f) The Insurance Commissioner shall prescribe a form notice to be sent by the commissioner, private carrier or self-insured employer, as applicable, to the dependent with the first payment and six months prior to the last payment of the benefits provided in subsection (e) of this section, that advises the dependent that the benefits will stop as of a date certain. The notice shall also advise the dependent that he or she may be eligible for additional benefits under section fifteen of this article and how to apply for those benefits. The notices shall be written in plain English in a manner that is easily understood by the general public.
§23-4-15. Application for benefits.
(a) To entitle any employee or dependent of a deceased employee to compensation under this chapter, other than for occupational pneumoconiosis or other occupational disease, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other the Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within six months from and after the injury or death, as the case may be, and unless filed within the six months period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, and all proofs of dependency in fatal cases must also be filed with the commission within six months from and after the death. In case the employee is mentally or physically incapable of filing the application, it may be filed by his or her attorney or by a member of his or her family.
(b) To entitle any employee to compensation for occupational pneumoconiosis under the provisions of this subsection, the application for compensation shall be made on the form or forms prescribed by the commission and effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within three years from and after the last day of the last continuous period of sixty days or more during which the employee was exposed to the hazards of occupational pneumoconiosis or within three years from and after a diagnosed impairment due to occupational pneumoconiosis was made known to the employee by a physician and unless filed within the three-year period, the right to compensation under this chapter is forever barred, such time limitation being hereby declared to be a condition of the right and hence jurisdictional, or, in the case of death, the application shall be filed by the dependent of the employee within one year two years from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional.
(c) To entitle any employee to compensation for occupational disease other than occupational pneumoconiosis under the provisions of this section, the application for compensation shall be made on the form or forms prescribed by the commission and, effective upon termination of the commission, the Insurance Commissioner, and filed with the commission, successor to the commission, other Insurance Commissioner, private carrier or self-insured employer, whichever is applicable, within three years from and after the day on which the employee was last exposed to the particular occupational hazard involved or within three years from and after the employee's occupational disease was made known to him or her by a physician or which he or she should reasonably have known, whichever last occurs, and unless filed within the three-year period, the right to compensation under this chapter shall be forever barred, such time limitation being hereby declared to be a condition of the right and therefore jurisdictional, or, in case of death, the application shall be filed as aforesaid by the dependent of the employee within one year from and after the employee's death, and such time limitation is a condition of the right and hence jurisdictional.
The bill (Eng. Com. Sub. for H. B. No. 4459), as amended, was then ordered to third reading.
Eng. Com. Sub. for House Bill No. 4652, Establishing a school calendar committee for each county.
On second reading, coming up in regular order, was reported by the Clerk.
At the request of Senator Chafin, unanimous consent being granted, the bill was laid over one day, retaining its place on the calendar.
The Senate proceeded to the tenth order of business.
The following bills on first reading, coming up in regular order, were each read a first time and ordered to second reading:
Eng. Com. Sub. for House Bill No. 4035, Relating to electronic filing of tax returns and electronic funds transfers in payment of taxes.
Eng. Com. Sub. for House Bill No. 4187, Continuing the current hazardous waste management fee until 2015.
Eng. Com. Sub. for House Bill No. 4299, Providing that nonstate retired employees who have worked for their last nonstate employer for less than five years are responsible for their entire premium cost.
Eng. House Bill No. 4312, Relating to the Tax Procedure and Administration Act.
And,
Eng. Com. Sub. for House Bill No. 4335, Relating to the business registration tax.

Without objection, the Senate returned to the third order of business.
Executive Communications

Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor:
STATE OF WEST VIRGINIA

OFFICE OF THE GOVERNOR

CHARLESTON

March 5, 2010

The Honorable Earl Ray Tomblin
President, West Virginia Senate
The Honorable Richard Thompson
Speaker, West Virginia House of Delegates
State Capitol
Charleston, West Virginia
Dear President Tomblin and Speaker Thompson:
After submission of my recommended FY 2011 Executive Budget on January 13, 2010, there have been a few areas that require adjustments and, therefore, I would like to provide you with several recommended revisions to the TITLE II - APPROPRIATIONS:
Section 1. Appropriations from general revenue.

Please use the attached spreadsheet to adjust the original recommended increases for the employer contribution to the Public Employees Retirement System (PERS) that were included in General Revenue funds. This change represents a $14,986,603 reduction in General Revenue appropriations for FY 2011.
Department of Commerce
Division of Natural Resources, Fund 0265, Fiscal Year 2011, Org 0310

(To provide for the Pay Equity Reserve allocation in January 2010.)

  1. Increase "Personal Services," Activity 001 by $3,561

  • Increase "Employee Benefits," Activity 010 by $712

  • Department of Education
    State Department of Education - State Aid to Schools, Fund 0317, Fiscal Year 2011, Org 0402

    (To adjust appropriation to maximize use of the Federal Economic Stimulus for Education Stabilization.)

    1. Decrease "Professional Educators," Activity 151 by $711,148

    (To adjust appropriation due to increase in Local Share calculations.)

    1. Increase "Improved Instructional Programs," Activity 156 by $1,315,383

    2. Increase "21st Century Strategic Technology Learning Growth," Activity 936 by $1,315,383

    (To adjust Local Share to actual need based on March 3, 2010, calculations.)

    1. Increase "Less Local Share," line $10,580,951 from ($371,636,040) to ($382,216,991)

    (To adjust the appropriation to the January 13, 2010, actuarial estimation for TRS.)

    1. Increase "Teachers' Retirement System," Activity 019 by $1,412,000

    2. Increase "Retirement Systems - Unfunded Liability," Activity 775 by $22,469,284

    Department of Health and Human Resources
    Division of Health and Human Resources - Office of the Secretary, Fund 0400, Fiscal Year 2011, Org 0501

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Unclassified," Activity 099 by $56

    Division of Health - Central Office, Fund 0407, Fiscal Year 2011, Org 0506

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $807

  • Increase "Employee Benefits," Activity 010 by $155

  • (To reduce the allocation due to the payoff of the Tug River Health Association mortgage in FY 2010.)

    1. Decrease "Primary Care Centers - Mortgage Finance," Activity 413 by $28,500

    2. Remove from language "$28,500 for the mortgage payment for the Tug River Health Association, Inc.;"

    Consolidated Medical Service Fund, Fund 0525, Fiscal Year 2011, Org 0506

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Institutional Facilities Operations," Activity 335 by $54,836

    Division of Human Services, Fund 0403, Fiscal Year 2011, Org 0511
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $103,474

  • Increase "Employee Benefits," Activity 010 by $20,693

  • Increase "James 'Tiger' Morton Catastrophic Illness Fund," Activity 455 by $570

  • Increase "Child Protective Services Case Workers," Activity 468 by $56,307

  • Increase "OSCAR and RAPIDS," Activity 515 by $142

  • Increase "Child Welfare System," Activity 603 by $284

  • Department of Military Affairs and Public Safety
    Department of Military Affairs and Public Safety - Office of the Secretary, Fund 0430, Fiscal Year 2011, Org 0601

    (To establish the funding for the Academy Manager position in the Secretary's Office to oversee the correctional training academy at Glenville State College.)

    1. Increase "Unclassified," Activity 099 by $60,000

    Division of Homeland Security and Emergency Management, Fund 0443, Fiscal Year 2011, Org 0606

    (To restore funding to FY 2009 level due to increase in declared disasters.)

    1. Increase "Disaster Mitigation," Activity 952 by $50,000

    Division of Veterans' Affairs, Fund 0456, Fiscal Year 2011, Org 0613

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Veterans' Nursing Home," Activity 286 by $5,840

    (To restore funding to FY 2010 level.)
    1. Increase "Veterans' Grant Program," Activity 342 by $75,000

    (To restore funding to FY 2010 level.)
    1. Increase "Veterans' Transportation," Activity 485 by $100,000

    Division of Veterans' Affairs - Veterans' Home, Fund 0460, Fiscal Year 2011, Org 0618

    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Increase "Personal Services," Activity 001 by $2,136

  • Increase "Employee Benefits," Activity 010 by $427

  • Division of Juvenile Services, Fund 0570, Fiscal Year 2011, Org 0621

    (To move funding for the Academy Manager position to the Secretary's Office.)

    1. Decrease "Central Office," Activity 701 by $60,000

    Department of Revenue
    State Budget Office, Fund 0595, Fiscal Year 2011, Org 0703
    (To provide for the Pay Equity Reserve allocation in January 2010.)

    1. Decrease "Pay Equity Reserve," Activity 364 by $250,000

    Department of Transportation

    State Rail Authority, Fund 0506, Fiscal Year 2011, Org 0804
    (To add reappropriation language for activity 099 (Unclassified) due to the winter weather causing delays on two projects.)

    1. Add (R) symbol at the end of activity name and the following reappropriation language: "Any unexpended balance remaining in the appropriation for Unclassified (fund 0506, activity 099) at the close of the fiscal year 2010 is hereby reappropriated for expenditure during the fiscal year 2011 with the exception of fund 0506, fiscal year 2010, activity 099 ($91,845), which shall expire on June 30, 2010."

    Section 2. Appropriations from state road fund.

    Department of Transportation
    Division of Highways, Fund 9017, Fiscal Year 2011, Org 0803
    (To add a new line item of appropriation related to a possible second distribution of American Recovery and Reinvestment Act federal funds for highway projects.)

    1. Add "Federal Economic Stimulus II," Activity 802 for $140,000,000

    Section 3. Appropriations from other funds.

    Department of Administration
    Department of Administration - Office of the Secretary Employee Pension and Health Care Benefit Fund, Fund 2044, Fiscal Year 2011, Org 0201

    (To adjust the spending authority due to a January 2010 actuarial estimation for TRS.)

    1. Increase "Unclassified - Total," Activity 096 by $4,872,000

    Section 4. Appropriations from lottery net profits.

    Please use the attached spreadsheet to adjust down the original recommended increases for the employer contribution to the Public Employees Retirement System (PERS) that were included in Lottery funds. This change represents a $228,257 reduction in Lottery appropriations for FY 2011.

    Section 5. Appropriations from state excess

    lottery revenue fund.

    Lottery Commission - Excess Lottery Revenue Fund Surplus, Fund 7208, Fiscal Year 2011, Org 0705

    (To adjust the appropriation due to a January 2010 actuarial estimation for TRS.)

    1. Increase "Teachers' Retirement Savings Realized," Activity 095 by $4,872,000

    State Department of Education, Fund 3517, Fiscal Year 2011, Org 0402

    (To adjust the appropriation to the January 13, 2010, actuarial estimation for TRS.)

    1. Decrease "Retirement Systems - Unfunded Liability," Activity 775 by $26,079,284

    Section 6. Appropriations of federal funds.

    Legislative
    Crime Victims Compensation Fund, Fund 8738, Fiscal Year 2011, Org 2300

    (To reflect an increase in spending authority based upon an increase in awards on behalf of victims of crime.)

    1. Increase "Unclassified - Total," Activity 096 by $1,336,801

    Executive
    Governor's Office - ARRA NTIA Broadband Infrastructure Grant Fund, Fund 8717, Fiscal Year 2011, Org 0100

    (Add a new fund and item of appropriation for the American Recovery and Reinvestment Act of 2009 related to West Virginia's award from the National Telecommunications and Information Administration (NTIA) for broadband infrastructure.)

    -Governor's Office-

    ARRA NTIA Broadband Infrastructure Grant Fund

    (WV Code Chapter 5)

    Fund 8717 FY 2011 Org 0100

    1
    Federal Economic Stimulus 891$126,000,000

    Department of Transportation
    Public Port Authority, Fund 8830, Fiscal Year 2011, Org 0806
    (To reflect an increase in spending authority for a grant from the Department of Homeland Security to improve security for the Port of Huntington.)

    1. Increase "Unclassified - Total," Activity 096 by $1,550,000

    Section 8. Awards for claims against the state.

    Please amend the language to read as follows:
    "There are hereby appropriated for fiscal year 2011, from the funds as designated, in the amounts as specified, general revenue funds in the amount of $2,170,152, special revenue funds in the amount of $81,311, and state road funds in the amount of $1,565,283 for payment of claims against the state."

    Thank you for your time and consideration in this matter. Your cooperation is always appreciated. Should you have any questions or require additional information, please call me at any time.
    Sincerely,
    Joe Manchin III,
    Governor.
    Which communication was received and referred to the Committee on Finance.
    Pending announcement of meetings of standing committees of the Senate,
    On motion of Senator Chafin, the Senate recessed until 5 p.m. today.
    Upon expiration of the recess, the Senate reconvened and resumed business under the third order.
    Executive Communications

    The Clerk then presented communications from His Excellency, the Governor, advising that on March 8, 2010, he had approved Enr. Senate Bill No. 477, Enr. Senate Bill No. 548 and Enr. House Bill No. 4037.
    Senator Tomblin (Mr. President) laid before the Senate the following communication from His Excellency, the Governor, regarding annual reports, which communication was received:
    STATE OF WEST VIRGINIA

    OFFICE OF THE GOVERNOR

    CHARLESTON

    March 5, 2010

    Senate Executive Message No. 5
    The Honorable Earl Ray Tomblin
    President, West Virginia Senate
    State Capitol
    Charleston, West Virginia
    Dear Mr. President:
    Pursuant to the provisions of §5-1-20 of the Code of West Virginia, I hereby certify that the following 2008-2009 annual reports have been received in the Office of the Governor:
    1.Accountancy, West Virginia Board of;
    2.Affordable Housing Trust Fund, West Virginia;
    3.Architects, West Virginia State Board of;
    4.Behavioral Health, Office of the Ombudsman for, West Virginia Department of Health and Human Resources;
    5.Chiropractic, West Virginia Board of;
    6.Commercial Motor Vehicle Weight and Safety Enforcement Advisory Committee, West Virginia Public Service Commission;
    7.Conservation Easements, County Farmland Protection Boards, West Virginia Agricultural Land Protection Authority;
    8.Consumer Advocate, Division of, West Virginia Public Service Commission;
    9.Consumer Advocate, Division of, Office of the Insurance Commissioner, West Virginia Department of Revenue;
    10.Corrections, Division of, West Virginia Department of Military Affairs and Public Safety;
    11.Counseling, West Virginia Board of Examiners in (2007 - 2009);
    12.Court of Claims, West Virginia;
    13.Court of Claims, Crime Victims Compensation Fund, West Virginia;
    14.Court System, West Virginia Supreme Court of Appeals (2008);
    15.Crime, Delinquency and Correction, Governor's Committee on, Law-Enforcement Training Subcommittee, Division of Criminal Justice Services, West Virginia Department of Military Affairs and Public Safety;
    16.Dieticians, West Virginia Board of (2007-2008 Report and 2008-2009 Report);
    17.Disability Retirement Experience, West Virginia State Police, by West Virginia Consolidated Public Retirement Board for Death, Disability and Retirement Fund (Plan A) and State Police Retirement System (Plan B);
    18.Economic Development Authority, West Virginia;
    19.Energy, Division of, West Virginia Department of Commerce;
    20.Health Enhancement and Lifestyle Planning (GOHELP), Governor's Office of;
    21.Health Insurance Plan, West Virginia (AccessWV), Office of the Insurance Commissioner, West Virginia Department of Revenue (2008);
    22.Infrastructure and Jobs Development Council, West Virginia;
    23.Insurance Commissioner, Office of the, West Virginia Department of Revenue;
    24.Juvenile Services, Division of, West Virginia Department of Military Affairs and Public Safety;
    25.Labor, West Virginia Division of;
    26.Licensed Practical Nurses, West Virginia State Board of Examiners for (Biennium Report 2007-2009);
    27.Logging Sediment Control Act, Division of Forestry, West Virginia Department of Commerce;
    28.Long-Term Care, Office of Health Facility Licensure and Certification, West Virginia Department of Health and Human Resources;
    29.Medical Imaging and Radiation Therapy Technology, West Virginia Board of Examiners for;
    30.Medicine, West Virginia Board of;
    31.Mine Inspectors' Examining Board, Office of Miners' Health, Safety and Training, West Virginia Department of Commerce;
    32.Motor Vehicles, Division of, West Virginia Department of Transportation;
    33.Municipal Bond Commission, West Virginia;
    34.Natural Resources, Division of, West Virginia Department of Commerce;
    35.Neighborhood Investment Program, West Virginia Development Office;
    36.Nursing Home Administrators Licensing Board, West Virginia;
    37.Oil and Gas Inspectors' Examining Board, West Virginia Department of Environmental Protection;
    38.Optometry, West Virginia Board of (2007-2009);
    39.Parole Board, West Virginia Department of Military Affairs and Public Safety;
    40.Personnel, Division of, West Virginia Department of Administration;
    41.Planning and Development Council, Region VII;
    42.Professional Engineers, West Virginia State Board of Registration for;
    43.Psychologists, West Virginia Board of Examiners of;
    44.Public Defender Services, West Virginia Department of Administration;
    45.Purchase of Commodities and Services from the Handicapped, Governor's Committee for, West Virginia Department of Administration;
    46.Real Estate Commission, West Virginia;
    47.Registered Professional Nurses, West Virginia Board of Examiners for;
    48.Rehabilitation Council, West Virginia State;
    49.Research Trust Fund, West Virginia Higher Education Policy Commission;
    50.Risk and Insurance Management, West Virginia Board of;
    51.Ron Yost Personal Assistance Services Board (RYPAS), Statewide Independent Living Council, Division of Rehabilitation Services, West Virginia Department of Education and the Arts;
    52.Sanitarians, West Virginia Board of Registration for;
    53.Senior Services, West Virginia Bureau of;
    54.Social Work Examiners, West Virginia Board of;
    55.State Police, West Virginia;
    56.Tax Increment Financing Act, West Virginia Development Office;
    57.Veterans Affairs, West Virginia Division of;
    58.Veterinary Medicine, West Virginia Board of;
    59.Water and Waste Management's Groundwater Management Program, Division of, West Virginia Department of Environmental Protection (Biennial);
    60.Water Development Authority, West Virginia;
    61.Workers' Compensation Office of Judges, Time Standard Compliance, Office of the Insurance Commissioner, West Virginia Department of Revenue.
    Very truly yours,
    Joe Manchin III,
    Governor.
    The following communication from His Excellency, the Governor, was next reported by the Clerk:
    STATE OF WEST VIRGINIA

    OFFICE OF THE GOVERNOR

    CHARLESTON

    March 8, 2010

    Senate Executive Message No. 6
    The Honorable Earl Ray Tomblin
    President, West Virginia Senate
    State Capitol
    Charleston, West Virginia
    Dear President Tomblin:
    The following amends and replaces the "FY 2010 Revised Official Estimate" "State Road Fund - Statement of Revenues by Source" which I submitted to you on January 13, 2010, as part of my Executive Budget Document for the fiscal years ending June 30, 2010, and June 30, 2011:

    INSERT TABLES STARTING HERE
    In compliance with Article VI, Section 51 of the Constitution, the Senate consented to receive the foregoing amendments to the Budget Bill, which were referred to the Committee on Finance.
    The Senate again proceeded to the fourth order of business.
    Senator Unger, from the Committee on Transportation and Infrastructure, submitted the following report, which was received:
    Your Committee on Transportation and Infrastructure has had under consideration
    Senate Concurrent Resolution No. 34, Requesting DOH name bridge in Wayne County "Perdue Brothers Memorial Bridge WWII Vets Walter, Riley, James, Norman, Omer, Earl".
    And reports back a committee substitute for same as follows:
    Com. Sub. for Senate Concurrent Resolution No. 34 (originating in the Committee on Transportation and Infrastructure)--
    Requesting the Division of Highways name bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Veterans Walter, Riley, James, Norman, Omer, Earl".
    Whereas, Walter Perdue, Riley Perdue, James Perdue, Norman Perdue, Omer Perdue and Earl Perdue were brothers from Wayne County; and
    Whereas, All six Perdue brothers served in the U. S. Armed Forces during the World War II; and
    Whereas, Omer Perdue lost his life during the Battle of the Bulge on December 23, 1944; and
    Whereas, The other five brothers have since passed away; and
    Whereas, It is fitting, to honor Walter Perdue, Riley Perdue, James Perdue, Norman Perdue, Omer Perdue and Earl Perdue for their service to their community, their state and their country by naming bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Veterans Walter, Riley, James, Norman, Omer, Earl"; therefore, be it
    Resolved by the West Virginia Legislature:
    That the Legislature hereby requests the Division of Highways name bridge number 50-152-40.39, in Wayne County, the "Perdue Brothers Memorial Bridge WWII Veterans Walter, Riley, James, Norman, Omer, Earl"; and, be it
    Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the bridge as the "Perdue Brothers Memorial Bridge WWII Veterans Walter, Riley, James, Norman, Omer, Earl"; and, be it
    Further Resolved, That the Clerk of the House of Delegates forward a certified copy of this resolution to the Secretary of the Department of Transportation and to the Perdue brothers' last surviving sibling, their sister Ruby Perdue Steffen.

    With the recommendation that the committee substitute be adopted.
    Respectfully submitted,
    John R. Unger II,
    Chair.
    Senator White, from the Committee on Agriculture, submitted the following report, which was received:
    Your Committee on Agriculture has had under consideration
    Senate Concurrent Resolution No. 45, Requesting Joint Committee on Government and Finance study economic impact of deer population on agriculture.
    And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
    Respectfully submitted,
    C. Randy White,
    Chair.
    The resolution, under the original double committee reference, was then referred to the Committee on Rules.
    Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
    Your Committee on the Judiciary has had under consideration
    Eng. House Bill No. 4036, Establishing the Judicial Vacancy Advisory Commission.
    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
    Respectfully submitted,
    Jeffrey V. Kessler,
    Chair.
    At the request of Senator Kessler, unanimous consent being granted, the bill (Eng. H. B. No. 4036) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
    Senator 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. 4130, Creating the West Virginia Supreme Court of Appeals Public Campaign Financing Pilot Program.
    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 Kessler, unanimous consent being granted, the bill (Eng. Com. Sub. for H. B. No. 4130) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance, with amendments from the Committee on the Judiciary pending.
    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. 4155, Permitting revenues allocated to volunteer and part time fire departments to be used for Workers' Compensation premiums and length of service awards.
    And has amended same.
    And reports the same back with the recommendation that it do pass, as amended.
    Respectfully submitted,
    Walt Helmick,
    Chair.
    Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
    Your Committee on Finance has had under consideration
    Eng. Com. Sub. for House Bill No. 4167, Creating a special revenue fund, known as the Department of Health and Human Resources Safety and Treatment Fund.
    And,
    Eng. Com. Sub. for House Bill No. 4211, Providing supplemental funding for providing alternative programs for limited English proficient students.
    And reports the same back with the recommendation that they each do pass.
    Respectfully submitted,
    Walt Helmick,
    Chair.

    Senator White, from the Committee on Agriculture, submitted the following report, which was received:
    Your Committee on Agriculture has had under consideration
    Eng. Com. Sub. for House Bill No. 4201, Creating the Livestock Care Standards Board.
    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Government Organization.
    Respectfully submitted,
    C. Randy White,
    Chair.
    The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
    Senator Williams, from the Committee on Labor, submitted the following report, which was received:
    Your Committee on Labor has had under consideration
    Eng. Com. Sub. for House Bill No. 4359, Requiring local labor for public construction projects.
    And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
    Respectfully submitted,
    Bob Williams,
    Vice 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 Labor.
    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. 4416, Declaring certain claims against the state and its agencies to be moral obligations of the state and directing payments thereof.
    And reports the same back with the recommendation that it do pass.
    Respectfully submitted,
    Walt Helmick,
    Chair.
    Senator White, from the Committee on Agriculture, submitted the following report, which was received:
    Your Committee on Agriculture has had under consideration
    Eng. Com. Sub. for House Bill No. 4527, Limiting the liability of apiary owners and operators.
    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 the Judiciary.
    Respectfully submitted,
    C. Randy White,
    Chair.
    The bill, under the original double committee reference, was then referred to the Committee on the Judiciary, with an amendment from the Committee on Agriculture pending.
    Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
    Your Committee on Finance has had under consideration
    House Concurrent Resolution No. 50, Requesting the Joint Committee on Government and Finance study the burden of taxes and fees imposed by the State of West Virginia upon the coal industry.
    And reports the same back with the recommendation that it be adopted; but under the original double committee reference first be referred to the Committee on Rules.
    Respectfully submitted,
    Walt Helmick,
    Chair.
    The resolution, under the original double committee reference, was then referred to the Committee on Rules.
    The Senate proceeded to the thirteenth order of business.
    At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber in earlier proceedings today, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 631, Engrossed Committee Substitute for House Bill No. 4374 and Engrossed Committee Substitute for House Bill No. 4407.
    On motion of Senator Chafin, leaves of absence for the day were granted Senators Caruth and Oliverio.
    Pending announcement of meetings of standing committees of the Senate,
    On motion of Senator Chafin, the Senate adjourned until tomorrow, Tuesday, March 9, 2010, at 11 a.m.
    ____________

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