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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TENTH DAY
____________
Charleston, W. Va., Friday, February 20, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Douglas Ondeck, Assistant
Pastor, Sacred Heart Co-Cathedral, Charleston, West Virginia.
Pending the reading of the Journal of Thursday, February 19,
2009,
On motion of Senator Snyder, 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 fourth order of business.
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
Senate Bill No. 194, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to licensure
of medical adult day care centers.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Government Organization; and
then to the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Government Organization; and then to
the Committee on the Judiciary, with amendments from the Committee
on Health and Human Resources 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
Senate Bill No. 195, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to public
water systems.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was referred to the Committee on Finance; and then 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
Senate Bill No. 196, Authorizing Department of Health and
Human Resources promulgate legislative rule relating to
tuberculosis testing, control treatment and commitment.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, 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
Senate Bill No. 207, Authorizing Board of Medicine promulgate
legislative rule relating to definition of surgery.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, 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
Senate Bill No. 220, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to limited prescriptive authority for nurses in advance practice.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Government Organization; and then to
the Committee on the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Government Organization; and then 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
Senate Bill No. 222, Authorizing Board of Respiratory Care
promulgate legislative rule relating to student temporary permits.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Kessler, Unger, Foster, Snyder, McCabe and White:
Senate Bill No. 311--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §3-12-1, §3-12-2, §3-12-3, §3-12-4, §3-12-5, §3-12-6,
§3-12-7, §3-12-8, §3-12-9, §3-12-10, §3-12-11, §3-12-12, §3-12-13,
§3-12-14, §3-12-15, §3-12-16, §3-12-17 and §3-12-18, all relating
to creating the 2012 West Virginia Supreme Court of Appeals Public
Campaign Financing Pilot Program; providing alterative campaign
financing option for candidates for the West Virginia Supreme Court
of Appeals in 2012 through public funds; setting forth short title and certain legislative findings and declarations; defining terms;
specifying that the provisions of the act are applicable to
candidates for the West Virginia Supreme Court of Appeals in the
2012 general and primary elections; establishing a 2012 Public
Campaign Financing Fund and sources of revenue for the fund;
authorizing transfer of $1 million a year from the Treasurer's
Unclaimed Property Trust Fund to the fund for four years; requiring
an additional penalty assessment be imposed against violators of
administrative orders, rules of state governmental agencies, boards
and commissions; requiring an applicant for public campaign funding
to complete a declaration of intent and setting forth the manner in
which an application for funding may be made; setting forth
eligibility criteria for qualifying party and independent
candidates; allowing participating candidates to raise from private
sources and spend seed money contributions; requiring candidates
seeking public campaign funds to collect a required number of
qualifying contributions; requiring candidates to provide detailed
receipts to contributors and to the State Election Commission for
seed money and qualifying contributions; requiring participating
candidates to comply with all provisions of the act; requiring the
State Election Commission to certify eligible candidates and
setting forth the procedure for certification; providing for
distribution of funds from the Public Campaign Financing Fund to
qualified candidates for funding election campaigns; specifying the
amount of funds available for each candidate and when the funds
become available; setting forth restrictions on participating candidates' contributions and spending; prohibiting participating
candidates from accepting private contributions other than as
specifically set forth in the act; prohibiting the use of personal
funds for certain purposes; permitting qualified candidates to
raise funds from private sources when there is insufficient money
in the Public Campaign Financing Fund to make a complete
distribution to all qualified candidates; requiring certain
disclosures; requiring candidates to keep records and report to the
State Election Commission; providing for matching public campaign
funds when an opponent spends in excess of the initial funding
available and for independent expenditures on behalf of a
nonparticipating or certified opponent; setting forth certain
duties of the State Election Commission; providing for the deposit
of certain revenue into the fund; requiring repayment of excessive
expenditures by candidates; providing both civil and criminal
penalties for violations of the act; and setting forth an effective
date.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Foster and Kessler:
Senate Bill No. 312--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-9G-1, §16-9G-2, §16-9G-3, §16-9G-4, §16-9G-5 and
§16-9G-6, all relating to requiring smoke-free medical facilities
by imposing a smoking ban at medical facilities; setting forth
limited exceptions to the ban; imposing posting and enforcement requirements; and imposing penalties for violations.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Boley, Caruth, Foster, Stollings,
Kessler, D. Facemire and Unger:
Senate Bill No. 313--A Bill to amend and reenact §29-6-4 of
the Code of West Virginia, 1931, as amended, relating to expanding
the number of hours temporary state personnel may work in a
calendar year.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Palumbo, McCabe, Foster, Wells, D. Facemire,
Plymale, Unger, Guills and Snyder:
Senate Bill No. 314--A Bill to amend and reenact §3-3-1 of the
Code of West Virginia, 1931, as amended, relating to early voting;
and authorizing county commissions to designate voting locations
other than the county courthouse or annex of the courthouse.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Palumbo, Wells, Foster and Guills:
Senate Bill No. 315--A Bill to amend and reenact §17F-1-1 of
the Code of West Virginia, 1931, as amended, relating to banning
all-terrain vehicles from all paved roads except for the purposes
of crossing a road; and requiring all-terrain vehicle operators and
passengers to wear protective helmets.
Referred to the Committee on Transportation and Infrastructure; and then to the Committee on the Judiciary.
By Senators Palumbo and Kessler:
Senate Bill No. 316--A Bill to amend and reenact §44-10-14 of
the Code of West Virginia, 1931, as amended, relating to
authorizing that net settlement proceeds held for a minor may be
invested in a Smart 529 college savings plan.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Palumbo, Wells, Foster and Unger:
Senate Bill No. 317--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to adding
penalties for driving under the influence.
Referred to the Committee on the Judiciary.
By Senator Kessler:
Senate Bill No. 318--A Bill to amend and reenact §15-2D-3 and
§15-2D-7 of the Code of West Virginia, 1931, as amended, all
relating to the West Virginia Division of Protective Services
generally; authorizing division personnel to have law-enforcement
authority as to state facilities throughout the state; and
authorizing the division to assess, charge and collect fees from
state spending units for costs and expenses incurred by the
division during extraordinary events held on state property.
Referred to the Committee on the Judiciary.
By Senators Chafin, Green, Sypolt, Kessler, D. Facemire, Deem,
Plymale, Unger, Foster and Stollings:
Senate Bill No. 319--A Bill to amend and reenact §8-15-8b of the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §8-15-8d; and to amend
said code by adding thereto a new section, designated §33-3-34, all
relating to dedicating a new twenty one hundredths of one percent
surcharge on the policyholder of any fire insurance policy or
casualty insurance policy issued in this state to defray costs
incurred by qualified volunteer and part-volunteer fire companies
and departments that provide benefits to their members under a
qualified Length of Service Awards Program.
Referred to the Committee on Finance.
By Senators Minard and Deem:
Senate Bill No. 320--A Bill to amend and reenact §33-33-1,
§33-33-2, §33-33-3, §33-33-4, §33-33-5, §33-33-6, §33-33-8, §33-33-
9, §33-33-10, §33-33-10a, §33-33-11, §33-33-12, §33-33-13, §33-33-
14 and §33-33-15 of the Code of the West Virginia, 1931, as
amended; and to amend said code by adding thereto a new section,
designated §33-33-16, all relating to financial audits of insurers;
defining terms; providing general requirements for filing annual
audited financial reports; providing for creation of audit
committee; requiring financial reports to include certain items;
requiring the designation of an independent certified public
accountant by insurers; providing requirements for the independent
certified public accountants; prohibiting use of indemnification
agreements by independent certified public accountants performing
certain audits; permitting mediation or arbitration agreements in
certain circumstances; requiring audit to be performed in accordance with generally accepted auditing standards; requiring
independent certified public accountants to report adverse
financial condition of insurers; requiring independent certified
public accountants to report material weaknesses regarding internal
control of insurers; requiring independent certified public
accountants to provide letter of qualifications; requiring that
workpapers of independent certified public accountants be available
for review by Insurance Commissioner; providing for requirements of
audit committee; requiring certain conduct of insurer regarding
preparation of reports and documents; providing requirements for
conducting financial audits of Canadian and British insurers;
requiring report from insurers regarding internal control over
financial reporting; providing exemptions; and providing effective
dates of provisions.
Referred to the Committee on Banking and Insurance.
By Senators Prezioso, Foster, Jenkins, Stollings, Kessler, D.
Facemire, Deem, Bowman and Plymale:
Senate Bill No. 321--A Bill to amend and reenact §16-2D-2,
§16-2D-3, §16-2D-4, §16-2D-5 and §16-2D-7 of the Code of West
Virginia, 1931, as amended, all relating generally to the
certificate of need process; eliminating certain services of
certificate of need review; defining terms; raising the expenditure
minimum amount for a capital expenditure and major medical
equipment threshold; eliminating archaic language; providing for
legislative rule-making authority; setting forth standards for when
certain ambulatory health care facilities are not subject to certificate of review; providing that electronic health records
are not subject to certificate of review; providing that nonhealth-
related projects are subject to certificate of review; and
modifying the fee structure for certificate of review by setting
forth a capitated amount for certificate of need fees.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
Senators Browning and Green offered the following resolution:
Senate Concurrent Resolution No. 8--Requesting the Division of
Highways name bridge number 0.73, on County Route 16/39, on Moran
Avenue in Mullens, West Virginia, "Charles V. Stewart Memorial
Bridge".
Whereas, Charles V. Stewart was born June 6, 1903, in
Rockview, West Virginia; and
Whereas, Charles V. Stewart was married to his beloved wife
Theresa on June 6, 1929, in Coalwood, West Virginia; and
Whereas, Charles V. Stewart was principal of Glen Rogers High
School, Ben Dunman School and Mullens High School between the years
of 1926-1953, when he retired; and
Whereas, Charles V. Stewart, together with his wife, owned and
co-edited The Mullen Advocate for 27 years; and
Whereas, Charles V. Stewart was a member of the Board of
Directors of The People's Bank of Mullens for a number of years;
and
Whereas, Charles V. Stewart's contributions to the people of
Mullens and Wyoming County will benefit many future generations of West Virginians; and
Whereas, Sadly, at the age of 70, Charles V. Stewart passed
away from injuries received in an automobile accident; and
Whereas, It is fitting to honor Charles V. Stewart by naming
a bridge in his memory; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways
to name bridge number 0.73, on County Route 16/39, on Moran Avenue
in Mullens, West Virginia, the "Charles V. Stewart Memorial
Bridge"; and, be it
Further Resolved, That the Division of Highways is hereby
requested to have made and be placed signs identifying the bridge
as the "Charles V. Stewart Memorial Bridge"; and, be it
Further Resolved, That the Clerk of the Senate is hereby
directed to forward a copy of this resolution to the Secretary of
the Department of Transportation and to the family of Charles V.
Stewart.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 6, Requesting Joint Committee
on Government and Finance study veterans' issues.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military;
and then to the Committee on Rules.
Senate Concurrent Resolution No. 7, Requesting colleges and
universities submit military- and veteran-friendly plans to Joint Committee on Government and Finance.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Military;
and then to the Committee on Rules.
Pending announcement of a meeting of a standing committee of
the Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 23, 2009, at 11 a.m.
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