sdj-56th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, March 9, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Mitchell Bias, Delbarton
Church of God, Delbarton, West Virginia.
Pending the reading of the Journal of Monday, March 8, 2010,
On motion of Senator Prezioso, 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. 354, Updating terms and
reporting procedures for traffic crashes.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 381, Regulating ability of Division of
Banking employees to obtain certain loans.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Senate Bill No. 381--A Bill to amend and reenact §31A-4-
26 of the Code of West Virginia, 1931, as amended, relating to
restrictions against the borrowing of money or the acceptance of
credit by employees of the Division of Banking from institutions
regulated by the division; clarifying and amending such
restrictions; prohibiting the direct or indirect borrowing of any
sum of money from a state chartered depository institution by an
employee of the division who engages in certain review and
regulatory activities with regard to state chartered depository
institutions; prohibiting the direct or indirect borrowing of any
sum of money from a state licensed nondepository institution by an
employee of the division who engages in certain review and
regulatory activities with regard to state licensed nondepository
institutions; and prohibiting the commissioner, deputy commissioner
and in-house counsel of the division from directly or indirectly
borrowing any sum of money from any entity that is under the
jurisdiction of the division.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 381, 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, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 381) passed with its House of Delegates amended 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. Senate Bill No. 382, Relating to certain oil and gas
drilling geologic reports.
A message from The Clerk of the House of Delegates announced
the amendment by that body to the title of the bill, passage as
amended, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Senate Bill No. 387, Providing certain mortgage loan
originators be licensed or registered.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the title of the
bill was reported by the Clerk:
Eng. Senate Bill No. 387--A Bill to amend and reenact §46A-4-
102 of the Code of West Virginia, 1931, as amended, relating to
regulated consumer lenders; providing that mortgage loan
originators employed by regulated consumer lenders in this state
must be either licensed or registered with the Nationwide Mortgage
Licensing System and Registry; and requiring regulated consumer
lenders to provide notice of change of ownership and/or control of
such institutions to the West Virginia Division of Banking.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the title of the bill.
Engrossed Senate Bill No. 387, 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, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 387) passed with its House of Delegates amended 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. Senate Bill No. 436, Updating language relating to
process of incorporation.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 10, Requesting DOH name
bridge on Coalfields Expressway, Raleigh County, "Craig Dorsey II
Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 11, Requesting DOH name
bridge at Mercer's Bottom, Mason County, "Private First Class
Kenneth W. Bright Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 13, Requesting DOH name
bridge in Big Chimney, Kanawha County, "Private First Class Thomas
Keith Coleman Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the adoption of
Senate Concurrent Resolution No. 14, Requesting DOH name
bridge in Scott Depot, Putnam County, "Trooper William 'Bill'
Phillips Memorial Bridge".
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, of
Eng. Com. Sub. for House Bill No. 4374, Caregivers Consent
Act.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the Senate amended title, passage
as amended, of
Eng. Com. Sub. for House Bill No. 4407, Updating the law
regarding the rabies vaccinations of dogs and cats.
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. 61--Requesting that the Joint
Committee on Government and Finance authorize the study of West
Virginia's cemetery industry to determine whether oversight and regulation are needed to protect the public.
Referred to the Committee on Government Organization; 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. 62--Requesting that the Joint
Committee on Government and Finance authorize the study of the
costs and benefits of the creation of an exemption for social
security benefits regarding personal income taxes.
Referred to the Committee on Finance; 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. 73--Requesting the Joint
Committee on Government and Finance to study the feasibility and
potential effectiveness of a twenty-four hour period of reflection
before final signature of any agreement agreed upon in any family
law mediation to allow both parties time to reflect upon the
consequences of their actions.
Referred to the Committee on the Judiciary; 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. 74--Requesting that the Joint
Committee on Government and Finance authorize the study of the use
of independent third party peer review in the informal dispute
resolution process for nursing homes.
Referred to the Committee on Health and Human Resources; 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. 77--Requesting the Joint
Committee on Government and Finance to conduct a study on the care
and prevention of concussion injuries in sports regulated by the
Secondary Schools Activities Commission including, not limited to,
developing the guidelines and other pertinent information to inform
and educate coaches, youth athletes and their parents or guardians
of the nature and risk of concussion and head injury and continuing
to play after concussion or head injury.
Referred to the Committee on Education; 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. 78--Requesting the Joint
Committee on Government and Finance to conduct a study on providing
adequate time in the school day reserved for teacher planning and
preparation.
Referred to the Committee on Education; and then to the
Committee on Rules.
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 9th 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:
(Com. Sub. for H. B. No. 4128), Relating to insurance
companies deemed to be in hazardous financial condition.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2485, Allowing pharmacy interns to vend
pseudoephedrine and other chemical precursors of methamphetamine.
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. H. B. No. 2485) 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. 4081, Authorizing the
Department of Military Affairs and Public Safety 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. 4081) 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. 4110, Authorizing the
Department of Commerce 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. 4110) 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. 4166, Expanding the age for
firefighters over thirty-five years of age for persons already
employed by another paid fire department.
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. 4166) 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. 4457, Relating to the access
to and protection of cemeteries.
With amendments from the Committee on Energy, Industry and
Mining pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Energy, Industry and Mining to which the bill was first referred.
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. 4457) 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 Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4513, Establishing
requirements for Marcellus gas well operations use of water
resources.
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 Energy, Industry and Mining.
Respectfully submitted,
John Pat Fanning,
Chair.
At the request of Senator Fanning, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4513) contained in the preceding report from the Committee on Natural Resources 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 Energy, Industry and Mining.
The Senate proceeded to the fifth order of business.
Filed Conference Committee Reports
The Clerk announced the following conference committee report
had been filed at 11:26 a.m. today:
Eng. Senate Bill No. 611, Removing location requirement for
certain higher education offices.
The Senate proceeded to the sixth order of business.
Senators Browning, Foster, Plymale and Wells offered the
following resolution:
Senate Concurrent Resolution No. 60--Expressing the will of
the Legislature to reaffirm the sister-state relationship the state
of West Virginia has with the Taiwan Province of the Republic of
China and affirm support for increasing Taiwan's participation in
and contribution to the global community.
Whereas, August 4, 2010, will mark the 30th anniversary of a
sister-state relationship between West Virginia and Taiwan; and
Whereas, For the past 30 years, the sister-state relationship
with Taiwan has been strengthened through the efforts of the Taipei
Economic and Cultural Representative Office resulting in better
mutual understanding of the economic, social and heritage of West Virginia and Taiwan; and
Whereas, Taiwan's absence from the international organizations
dealing with climate change like the United Nations Framework
Convention on Climate Change has impeded Taiwan's ability to
respond to natural disasters like Typhoon Morakot, which struck
Taiwan in the summer of 2009; and
Whereas, Since 2001, aviation safety has become a major global
concern, Taiwan is a key air transport hub in the Asia-Pacific
region, with over 1.35 million flights passing through every year,
and has the world's 11th largest airport by cargo volume, Taoyuan
International Airport; and
Whereas, Given Taiwan's prominent role in regional air control
and transport services like meaningful participating in the
International Civil Aviation Organization, it would be beneficial
for Taiwan, and safeguard the traveling of passengers from home and
abroad; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby expresses its will to reaffirm the
sister-state relationship the state of West Virginia has with the
Taiwan Province of the Republic of China and affirm support for
increasing Taiwan's participation in and contribution to the global
community; and, be it
Further Resolved, That the Legislature affirms its support for
the participation of Taiwan in United Nations Framework Convention on Climate Change and the International Civil Aviation Organization
to increase Taiwan's contribution to the global community; and, be
it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the President of
the United States, the President of the United States Senate and
the Speaker of the United States House of Representatives.
Which, under the rules, lies over one day.
Senators Tomblin (Mr. President), Stollings, Browning,
Oliverio, Williams, McCabe and Plymale offered the following
resolution:
Senate Concurrent Resolution No. 61--Urging the U.S.
Environmental Protection Agency to not veto the permit issued by
the U.S. Army Corps of Engineers for the Spruce Mine in Logan
County, West Virginia.
Whereas, The U.S. Army Corps of Engineers issued a permit to
the Spruce Mine in Logan County, West Virginia after years of
intensive review, including the conclusion of a full environmental
impact statements; and
Whereas, In the course of its deliberations regarding the
Spruce Mine, the U.S. Environmental Protection Agency has raised
concerns regarding water quality; and
Whereas, Interpretations and implementation of West Virginia's
water quality standards is the responsibility of the West Virginia Legislature and the West Virginia Department of Environmental
Protection, who has previously determined that the Spruce Mine
complies with the water quality standards, including the narrative
standards approved by the Legislature and implemented by the West
Virginia Department of Environmental Protection; and
Whereas, The permit has been in place for two years. The mine
has become operational and employees have been hired; and
Whereas, If the permit issued by the U.S. Army Corps of
Engineers is vetoed by the U.S. Environmental Protection Agency,
the loss of jobs and investments at Spruce Mine Company in Logan
County, West Virginia, will have a major impact, not only to Logan
County, West Virginia, but will further impact the financial
stability of the State of West Virginia in an unstable economy;
therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby urges the U.S. Environmental
Protection Agency to not veto the permit issued by the U.S. Army
Corps of Engineers for the Spruce Mine in Logan County, West
Virginia; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the U.S.
Environmental Protection Agency, the U.S. Army Corps of Engineers
and the members of the West Virginia Delegation to the Congress of
the United States, the President of the United States and the U.S. Council of Environmental Quality.
Which, under the rules, lies over one day.
Senators Chafin, Browning, Palumbo, Fanning, McCabe, Plymale,
Prezioso and Wells offered the following resolution:
Senate Resolution No. 51--Memorializing the life of Emilie
Holroyd, former national, state and local Democratic Party leader,
dedicated public servant and distinguished West Virginian.
Whereas, Emilie Holroyd was born in Suffolk, Virginia, and
moved to Morgantown, West Virginia, soon after marrying her husband
Robert; and
Whereas, In 1958, Emilie Holroyd and her husband Robert moved
to Princeton, West Virginia, and Emilie took her first steps into
politics, eventually becoming a driving force in state politics;
and
Whereas, Emilie Holroyd became a West Virginia Democratic
National Committeewoman, State Democratic Executive Committee Vice
Chairwoman and holder of various positions in regional and local
Democratic organizations; and
Whereas, As a member of the National Democratic Party's
Executive Committee, Emilie Holroyd was privileged to serve on the
Planning and Operation Committee for the National Democratic
Convention in San Francisco, California, in 1984; and
Whereas, Emilie Holroyd was a national convention delegate
from West Virginia many times and most recently was serving on the State Library Commission, having been appointed by Governor Joe
Manchin; and
Whereas, Emilie Holroyd shared a special joy for cooking, was
a graduate of the Greenbrier Cooking School and wrote a food column
for a Bluefield newspaper for 15 years; and
Whereas, Emilie Holroyd applied her intelligence, abundant
energy, common sense, strong leadership capabilities and a sincere
belief aimed at improving life for all people; and
Whereas, Emilie Holroyd worked tirelessly addressing issues
affecting everyone, from the young to senior citizens, and fought
to make the world a better place for abused women and children, the
financially needy and those who felt the sting of prejudice; and
Whereas, Emilie Holroyd was a devoted wife, mother,
grandmother, sister and friend to many; and
Whereas, Sadly, Emilie Holroyd left this life on Monday, March
30, 2009, leaving behind her beloved husband Robert, her son and
two daughters, four grandchildren, her brother and a host of
relatives and friends; therefore, be it
Resolved by the Senate:
That the Senate hereby memorializes the life of Emilie
Holroyd, former national, state and local Democratic Party leader,
dedicated public servant and distinguished West Virginian; and, be
it
Further Resolved, That the Senate expresses its sincere sympathy to the family of Emilie Holroyd; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to family of Emilie Holroyd.
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 Bowman, and by unanimous
consent, the remarks by Senator Chafin regarding the adoption of
Senate Resolution No. 51 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, unanimous consent being granted,
returned to the fourth order of business.
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. 62 (originating in the
Committee on Agriculture)--Requesting the Joint Committee on
Government and Finance study the development of a sustainable West
Virginia food system that supports the production, processing,
aggregation, distribution and consumption of West Virginia foods.
Whereas, Substantial positive economic impact would result in West Virginia from increasing the amount of West Virginia food
produced and consumed; and
Whereas, Significant health benefits will be achieved through
access to fresher, healthier West Virginia produced food; and
Whereas, West Virginia producers, consumers, and communities
as well as state and federal agencies are recognizing the economic
and nutritional value of local food; and
Whereas, There are more than one hundred farmers' markets
within the state with increasing sales showing that the people of
this state desire to be able to buy and enjoy local food; and
Whereas, Approximately thirty million dollars worth of
specialty crops are being produced in this state; and
Whereas, an increasing number of restaurants are seeking
locally sourced foods; and
Whereas, Coordinated, strategic and collaborative efforts by
local food stakeholders have been shown to successfully implement
policy changes that help establish local, regional and state food
systems; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the development of a sustainable West Virginia
food system that supports the production, processing, aggregation,
distribution and consumption of West Virginia foods, including the
value of the creation of a West Virginia Food Council to interact with existing agencies to accomplish these goals; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
C. Randy White,
Chair.
On motion of Senator White, the resolution (S. C. R. No. 62)
contained in the foregoing report from the Committee on Agriculture
was then referred to the Committee on Rules.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Concurrent Resolution No. 63 (originating in the
Committee on Pensions)--Requesting the Joint Committee on Government and Finance to study authorizing the sheriff of each
county to approve continued employment of a deputy sheriff past the
age of sixty-five if the sheriff designates a specific purpose and
need of the sheriff's office, approves the employment, and states
in writing that the employment fulfills the specific purpose and
need of the sheriff's office designated by the sheriff.
Whereas, Each deputy sheriff is required under the civil
service statutes to retire at age sixty-five; and
Whereas, A deputy sheriff may wish to continue working in the
department past the age of sixty-five; and
Whereas, A sheriff may wish to permit a deputy to continue
employment past the mandatory retirement age of sixty-five in order
to fulfill a designated purpose or need of the sheriff's
department; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study authorizing the sheriff of each county to
approve continued employment of a deputy sheriff past the age of
sixty-five if the sheriff designates a specific purpose and need of
the sheriff's office, approves the employment, and states in
writing that the employment fulfills the specific purpose and need
of the sheriff's office designated by the sheriff; and, be it
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on
Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Dan Foster,
Chair.
On motion of Senator Foster, the resolution (S. C. R. No. 63)
contained in the foregoing report from the Committee on Pensions
was then referred to the Committee on Rules.
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. 64 (originating in the
Committee on Economic Development)--Requesting the Joint Committee
on Government and Finance study how to transition into a more
diverse economy for West Virginia.
Whereas, The economy of West Virginia has been largely
dependent on coal and diversification is necessary; and
Whereas, Recent federal issues regarding the future of coal
has risen through the tightening of permitting and potential
taxation of the industry; and
Whereas, The State is in the process of developing a broad
energy policy that will enhance renewable and alternative energies;
and
Whereas, West Virginia has a significant potential for hydro
electric power production and must begin a dialogue with the US
Army Corps of Engineers to take advantage of this potential; and
Whereas, West Virginia is a mountainous state and in
particular, coal producing areas have a lack of developable land
and basic infrastructure; and
Whereas, Due to West Virginia's natural resources, energy has
a role in the economic diversification of West Virginia; and
Whereas, Health care is a significant part of West Virginia's
economy spending $13 billion annually in the state and over 12% of
the workforce is employed in health care services; and
Whereas, Employment in the health care field grew by 41% over
the past decade; and
Whereas, The nursing field and the electronic medical record
field are two areas that have demonstrated a great potential for
growth in West Virginia; and
Whereas, West Virginia has great natural beauty and retirees
would find it as a great place to live and actively age; and
Whereas, The education system can be responsive to the area's
needs and can develop a new, highly educated work force including
health care and high technology jobs; and
Whereas, The growth of manufacturing is critical to the
success of diversifying our state; and
Whereas, The future of the state of West Virginia depends upon
economic diversification; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study how to transition into a more diverse economy
for West Virginia that includes clean coal, renewable and
alternative energies, healthcare industries, manufacturing and a
component of secondary and higher education that will develop high
technology industries.
Further Resolved, That the Joint Committee on Government and
Finance report to the regular session of the Legislature, 2011, on
its findings, conclusions and recommendations, together with drafts
of any legislation necessary to effectuate its recommendations;
and, be it
Further Resolved, That the expenses necessary to conduct this
study, to prepare a report and to draft necessary legislation be
paid from legislative appropriations to the Joint Committee on Government and Finance.
And reports the same back with the recommendation that it be
adopted; but with the further recommendation that it first be
referred to the Committee on Rules.
Respectfully submitted,
Richard Browning,
Chair.
On motion of Senator Browning, the resolution (S. C. R. No.
64) contained in the foregoing report from the Committee on
Economic Development was then referred to the Committee on Rules.
The Senate proceeded to the seventh order of business.
Com. Sub. for Senate Concurrent Resolution No. 34, Requesting
DOH name bridge in Wayne County "Perdue Brothers Memorial Bridge
WWII Veterans Walter, Riley, James, Norman, Omer, Earl".
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Unger, the resolution was recommitted to
the Committee on Transportation and Infrastructure.
Senate Concurrent Resolution No. 55, Requesting Joint
Committee on Government and Finance study accountability of
taxpayer dollars used in women's health issues.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Finance; and
then to the Committee on Rules.
Senate Concurrent Resolution No. 56, Requesting DOH name
bridge in Mercer County "Phoebe Goodwill 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. 57, Requesting DOH name
bridge in Mercer County "Yon-Peraldo 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. 58, Requesting DOH name
bridge in Mercer County "Andrew Scott 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. 59, Requesting DOH name
bridge in Mercer County "Maria Cooper Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
House Concurrent Resolution No. 10, The "Sgt. Justin Alan
Thompson Memorial Highway".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for House Bill No. 3301, Amending the Division
of Labor rule verifying employees legal employment status.
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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 3301) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 Plymale, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Com. Sub. for House Bill No. 4133, Clarifying the
requirements to practice marriage and family therapy.
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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4133) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, 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, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4133) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 4171, Relating to criminogenic risk and
needs assessments.
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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 4171) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 4171--A Bill to amend and reenact §25-1-15
of the code of West Virginia, 1931, as amended, relating to the
Division of Corrections; and allowing Division of Corrections to
utilize criminogenic risk and need instruments.
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. 4291, Eliminating
duplicitous criminal background investigations with both the West
Virginia State Police and the Federal Bureau of Investigation.
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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4291) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 4361, Removing provisions prohibiting
sharing domestic violence information with other governments.
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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 4361) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
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 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,
Fanning, 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)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
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. 4459) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 4459--A Bill to amend and
reenact §23-4-10 and §23-4-15 of the Code of West Virginia, 1931,
as amended, all relating to Workers Compensation death benefits
where occupational pneumoconiosis is determined to be a cause of
death; requiring notice of need to file for certain death benefits;
and increasing from one year to two years the time in which a
dependent may apply for Workers Compensation death benefits where
occupational pneumoconiosis is determined to be a cause of death.
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. 4035, Relating to electronic
filing of tax returns and electronic funds transfers in payment of
taxes.
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. 4187, Continuing the current
hazardous waste management fee until 2015.
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. 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.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page five, section twenty-two, line fifty-six, after the
word "employer" by inserting the words "not mandated to participate
in the plan";
And,
On page five, section twenty-two, lines sixty-one through
seventy, by striking out the proviso and inserting in lieu thereof
a new proviso, to read as follows:
Provided, however, That those
retired employees of an employer not participating in the plan who
retire on or after July 1, 2010, who have participated in the plan
as active employees of the employer for less than five years are
responsible for the entire premium cost for coverage and the Public
Employees Insurance Agency shall bill for and collect the entire
premium from the retired employees, unless the employer elects to
pay the employer share of the premium.
The bill (Eng. Com. Sub. for H. B. No. 4299), as amended, was
then ordered to third reading.
Eng. House Bill No. 4312, Relating to the Tax Procedure and
Administration 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. 4335, Relating to the
business registration tax.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Finance, were reported by the Clerk, considered simultaneously, and
adopted:
On page three, section five, line thirty, after the word "requirements" by inserting the words "other than the $4,000 or
less gross income exemption,";
And,
On page four, section five, line forty-five, after the word
"tax" by changing the period to a colon and inserting the following
proviso:
Provided, That the $4,000 or less gross income exemption
set forth in subdivision (1), subsection (d), section three of this
article does not apply.
The bill (Eng. Com. Sub. for H. B. No. 4335), as amended, was
then 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 read a
second time.
The following amendments to the bill, from the Committee on
the Judiciary, were reported by the Clerk and considered
simultaneously:
On page two, section fifteen, line eleven, by striking out
"2000" and inserting in lieu thereof the words "most recent";
And,
On page two, section fifteen, line eleven, after the word
"Census" by inserting the words "in effect at the time the business
court division is established".
The question being on the adoption of the Judiciary committee
amendments to the bill.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, and by unanimous consent, the Judiciary committee
amendments to the bill were withdrawn.
The following amendment to the bill, from the Committee on the
Judiciary, was next reported by the Clerk and adopted:
On page two, section fifteen, line twelve, by striking out the
word "The" and inserting in lieu thereof the words "Upon the
determination to designate business court divisions, the".
At the request of Senator Helmick, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4352), as just
amended, was advanced to third reading with the right for further
amendments to be considered on that 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. 4155, Permitting revenues
allocated to volunteer and part time fire departments to be used
for Workers' Compensation premiums and length of service awards.
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.
Eng. Com. Sub. for House Bill No. 4211, Providing supplemental
funding for providing alternative programs for limited English
proficient students.
Eng. Com. Sub. for House Bill No. 4359, Requiring local labor
for public construction projects.
And,
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.
Without objection, the Senate returned 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 amendments, as
to
Eng. Senate Bill No. 339, Correcting invalid code reference
related to voter registration list.
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 two, section four-a, line sixteen, after the word
"state" by changing the period to a semicolon and inserting the
following: including, but not limited to, the vital statistics
database maintained by the Department of Health and Human
Resources. The Department of Health and Human Resources by January
31st of each calendar year shall provide to each county clerk a
list from this database of all decedents in that county in the
preceding year and shall provide to the Secretary of State the list
of all decedents in the state in the preceding year.;
On page three, section four-a, line forty-two, after the word
"law" by changing the period to a colon and inserting the following
proviso:
Provided further, the Secretary of State shall, in each
calendar year, certify that the removal of individuals who are not
qualified to vote because of felony status or death is completed at
least 30 days preceding the date of any primary election.;
On page four, section four-a, line fifty, by striking out the
word "and";
And,
On page four, section four-a, line fifty-two, after the word
"list" by changing the period to a semicolon and inserting a new
subdivision, designated subdivision (4), to read as follows:
(4) Deceased individuals names are eliminated from the
computerized list.
On motion of Senator Kessler, the following amendment to the
House of Delegates amendments to the bill was reported by the Clerk
and adopted:
On page three, section four-a, subsection (b), subdivision
(2), by striking out the words "felony status" and inserting in
lieu thereof the words "a felony conviction as provided in section
two of this article".
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments, as amended.
Engrossed Senate Bill No. 339, as amended, 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, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Oliverio--2.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 339) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 213, Budget Bill.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 213 (originating in the
Committee on Finance)--A Bill making appropriations of public money
out of the Treasury in accordance with section fifty-one, article
VI of the Constitution.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bill (Com. Sub. for S. B. No. 213) 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 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. 29, Requesting DOH name
bridge at Cyrus Creek Road, Cabell County, "Glenn Holton Memorial
Bridge".
Senate Concurrent Resolution No. 33, Requesting DOH name
bridge over Peters Creek, Nicholas County, "Homer J. Summers
Memorial Bridge".
Senate Concurrent Resolution No. 42, Requesting DOH name
bridge in Mingo County "Bobby Lee Jarrell Memorial Bridge".
Senate Concurrent Resolution No. 43, Requesting DOH name
bridge in Lincoln County "Private Brunty Willis Memorial Bridge".
Senate Concurrent Resolution No. 44, Requesting DOH name
bridge in Logan County "G. R. 'Bob' Johnson Memorial Bridge".
Senate Concurrent Resolution No. 49, Requesting DOH name
bridge in Mercer County "Isabella Freeman Memorial Bridge".
And,
Senate Concurrent Resolution No. 50, Requesting DOH name
bridge in Wayne County "Corporal Samuel R. Drown Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 2503, Requiring licensed
tattoo artist to inform patrons, prior to performing the tattoo
procedure, of the potential problems that a tattoo may cause in
relation to the reading of magnetic resonance imaging.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2663, Expanding the power of
municipal parking authority officers.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of the bill contained in the
foregoing report from the Committee on Government Organization.
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. 2773, Increasing the
monetary penalties for selling tobacco products to minors.
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, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2773) 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. House Bill No. 3110, Renaming conservation officers to be
natural resources police officers.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4194, Codifying the Division
of Criminal Justice Services being incorporated into the Department
of Military Affairs and Public Safety.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4034, Authorizing any
municipality to enact by ordinance a vacant property registration
program.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
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 Government Organization.
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. 4038, Imposing a statutory
lien on fire insurance proceeds in the event of a total loss to real property.
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. 4038) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4039, Increasing the number
of persons that may be appointed to the Marshall County Park and
Recreation Board.
Eng. House Bill No. 4138, Relating to the practice of medical
imaging and radiation therapy.
And,
Eng. House Bill No. 4559, Relating to the requirements to be
certified as a registered forester.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 4143, Relating to emergency
medical services.
And reports the same back with the recommendation that it do
pass; but with the further recommendation that it first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
On motion of Senator Bowman, the bill (Eng. Com. Sub. for H.
B. No. 4143) contained in the foregoing report from the Committee
on Government Organization was then referred to the Committee on
the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4164, Creating of a pilot
program for the placement of children four to ten years of age in
foster care which shall be known as Jacob's Law.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. Com. Sub. for House Bill No. 4172, Authorizing the
Division of Motor Vehicles to issue special license plates for
members of certain organizations upon approval of the commissioner.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Minard, from the Committee on Banking and Insurance, submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4176, Relating to
credentialing of health care practitioners.
With an amendment from the Committee on Health and Human
Resources pending;
And has also amended same.
And reports the same back with the recommendation that it do
pass as amended by the Committee on Health and Human Resources to
which the bill was first referred; and as last amended by the
Committee on Banking and Insurance.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4188, Anti-Criminal Street
Gang 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 Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4188) 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 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. 4214, Requiring review and
approval of final settlements of Workers' Compensation awards.
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. 4214) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4223, Increasing the safety
of school children that use school buses.
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,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Education 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. 4248, Relating to the solicitation of charitable funds.
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. 4248) 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 an amendment
from the Committee on the Judiciary pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4260, Relating to insurance
adjusters.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4273, Relating to professional employer organizations.
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,
Joseph M. Minard,
Chair.
At the request of Senator Kessler, as chair of the Committee
on the Judiciary, unanimous consent was granted to dispense with
the second committee reference of Engrossed Committee Substitute
for House Bill No. 4260 contained in the foregoing report from the
Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4260) was taken up
for immediate consideration, read a first time and ordered to
second reading.
At the request of Senator Minard, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 4273
contained in the preceding report from the Committee on Banking and
Insurance 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, with an amendment from the Committee on Banking and Insurance pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4285, Relating to the
licensing of residential mortgage brokers, lenders and loan
originators by the Division of Banking.
And,
Eng. House Bill No. 4373, Eliminating the twelve-month
look-back period for certain children who have had employer
sponsored insurance.
And reports the same back with the recommendation that they
each do pass; but under the original double committee references
first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Banking and Insurance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4306, Relating to public
school support computation of local share.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 4512, Relating to school bus
operators.
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 Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the foregoing
report from the Committee on Education.
At the request of Senator Plymale, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 4306 and 4512)
were each 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. 4314, Regarding the
valuation of motor vehicles and motorcycles for property tax
assessment purposes.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4314) 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
Finance, with an amendment from the Committee on Transportation and
Infrastructure pending.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4425, Developing a pilot
program for unlicensed personnel to administer medication in a
nursing home.
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 Government Organization.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Bowman, as chair of the Committee on
Government Organization, unanimous consent was granted to dispense
with the second committee reference of the bill contained in the
foregoing report from the Committee on Health and Human Resources.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 4436,Providing discretion to
schools that make AYP to use assessments and adopting instructional
strategies and programs that promote student learning.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 4436) contained in
the preceding report from the Committee on Education was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator 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. 4504, Adopting the Uniform
State Military Code of Justice into West Virginia law.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Eng. House Bill No. 4524, Revising the definition of
"all-terrain vehicle" and including a definition for utility
terrain vehicle.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
John R. Unger II,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 4534, Increasing the
criminal penalty for failing to stop and render aid after a motor
vehicle accident; Erin's Law.
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. 4534) was taken up
for immediate consideration, read a first time and ordered to
second reading.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 4557, Reviewing all of the
Department of Health and Human Resources requests for proposals or
change orders valued at over $500,000 prior to their release.
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,
Roman W. Prezioso, Jr.,
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 Health and Human Resources.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4615, Authorizing political
subdivisions to establish risk pools to insure their workers'
compensation risks.
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,
Joseph M. Minard,
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 Banking and Insurance.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 4630, Relating to refunding
of appraisal fees.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 4669, Granting exceptions to certain
statutes to innovation zone plans approved by state board.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being
granted, the bill (Eng. H. B. No. 4669) contained in the preceding
report from the Committee on Education was taken up for immediate
consideration, read a first time and ordered to second reading.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
House Concurrent Resolution No. 58, Designating the annual
observance of the week following Labor Day as Labor History Week.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
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, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 10, 2010, at 11 a.m.
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