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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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