sdj-23rd day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTY-THIRD DAY
____________
Charleston, W. Va., Thursday, March 5, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Jeffrey Johnson, Senior Pastor,
Mount Vernon Baptist Church, Hurricane, West Virginia.
Pending the reading of the Journal of Wednesday, March 4,
2009,
On motion of Senator Chafin, 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 Clerk presented a communication from the Geological and
Economic Survey, submitting its annual report, in accordance with
chapter twenty-nine, article two, section six of the code of West
Virginia.
Which report was received and filed with the Clerk.
The Senate proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2040--A Bill to amend and
reenact §62-1C-12 of the Code of West Virginia, 1931, as amended,
relating to release of bail bonds; providing for release of bonds
upon the defendant being sentenced or beginning to serve the
sentence; and providing that bonds shall not be continued for the
purpose of collecting court costs or fines assessed.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2418--A Bill to amend and
reenact §29B-1-4 of the Code of West Virginia, 1931, as amended,
relating to granting exemptions from disclosure under the Freedom
of Information Act for certain information retained by the Division
of Corrections and the Regional Jail Authority.
Referred to the Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2685--A Bill to amend and
reenact §44B-4-409 of the Code of West Virginia, 1931, as amended;
to amend and reenact §44B-5-505 of said code; and to amend said
code by adding thereto a section, designated §44B-6-606, all
relating to amending the Uniform Principal and Income Act;
compliance with IRS comments regarding allocation of IRA
distributions; clarify the formula for calculating how much a trust needs to distribute and how much it can use to pay taxes; and
effective dates of amendments.
Referred to the Committee on Interstate Cooperation; then to
the Committee on the Judiciary; and then to the Committee on
Finance.
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. 4--Requesting the West
Virginia Division of Highways to name West Virginia Bridge Number
4069, located on Corridor G, at the mouth of Chattaroy in Mingo
County, West Virginia.
Referred to the Committee on Transportation and
Infrastructure.
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. 10--Requesting the Division of
Highways name the bridge number 20-119-13.77 over Davis Creek on
U.S. Route 119 between 76.2 and 76.4 in Kanawha County the "T-5
Leon Whitlock and PFC Forrest Wilson Memorial Bridge" and bridge
number S-320-214-0.01, U.S. Route 214 on the Kanawha County line,
the "SFC Stanley Williams Memorial Bridge (Distinguished Service
Cross)".
Referred to the Committee on Transportation and
Infrastructure.
The Senate proceeded to the fourth order of business.
Senator Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill 205, Authorizing Division of Labor promulgate
legislative rule relating to Elevator Safety Act.
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,
Michael A. Oliverio II,
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 Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 206, Authorizing Division of Labor promulgate
legislative rule relating to weights and measures calibration fees.
And has amended same.
And,
Senate Bill No. 364, Authorizing Division of Labor promulgate
legislative rule relating to supervision of elevator mechanics and
apprentices.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original triple committee
references first be referred to the Committee on Finance; and then
to the Committee on the Judiciary.
Respectfully submitted,
Michael A. Oliverio II,
Chair.
The bills, under the original triple committee references,
were referred to the Committee on Finance; and then to the
Committee on the Judiciary, with amendments from the Committee on
Labor pending.
Senator Helmick, from the Committee Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 219, Authorizing Board of Examiners for
Registered Professional Nurses promulgate legislative rule relating
to policies, standards and criteria for evaluation and
accreditation of colleges, departments or schools of nursing.
With amendments from the Committee on Government Organization
pending;
And reports the same back with the recommendation that it do
pass as amended by the Committee on Government Organization to
which the bill was first referred; but under the original triple
committee reference first be referred to the Committee on the
Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Government Organization pending.
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. 243, Relating to issuing general obligation
bonds.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 243 (originating in the
Committee on Finance)--A Bill to repeal §13-1-18 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §13-1-4,
§13-1-14, §13-1-15, §13-1-15a, §13-1-16, §13-1-17, §13-1-19 and
§13-1-21 of said code, all relating to updating the code for
consistency with the current practices and procedures required for
issuing general obligation bonds through competitive sale and the
West Virginia Constitution; providing that the issuer is not
required to designate the series of bonds in the election order;
providing that the bond resolution does not have to set forth the
date of issuance, the denominations of the bonds, the medium with
which the bonds are payable or the terms of redemption; allowing
issuers to establish a maximum rate of interest in the bond resolution; allowing issuers to make semiannual payments on
principal and interest; lengthening the time an issuer is required
to begin making debt service payments by a year from the date of
issuance; requiring issuers to register bonds and eliminating
reference to coupon bonds; allowing issuers to accept electronic
bids; and allowing an issuer to publish an abbreviated sale of
notice when advertising the sale of bonds.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 251, Authorizing issuance of revenue bonds for
public projects.
Senate Bill No. 329, Updating terms in Personal Income Tax
Act.
And,
Senate Bill No. 410, Updating terms in Corporation Net Income
Tax Act.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
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
Senate Bill No. 262, Removing prohibition against using
county's General Revenue Fund for historic preservation.
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,
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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 277, Requiring assessors create annual cost of
housing index.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 277 (originating in the Committee on Government Organization)--A Bill to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new section,
designated §11-1-2b, relating to creating a single dwelling
residential housing index and multiplier; requirements for the Tax
Commissioner; contents of the index and multiplier; and reporting
requirement.
With the recommendation that the committee substitute 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 Green, from the Committee on Energy, Industry and
Mining, submitted the following report, which was received:
Your Committee on Energy, Industry and Mining has had under
consideration
Senate Bill No. 279, Relating to industrial accidents and
emergency response regulations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 279 (originating in the
Committee on Energy, Industry and Mining)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new
section, designated §15-5B-3a, relating generally to industrial
accidents and emergencies; requiring the reporting of certain
industrial emergencies to the Mine and Industrial Accident
Emergency Operations Center or local emergency telephone system
operators; requiring industrial facilities to provide certain
information to state and local emergency responders; granting state
and local officials access to the person or persons charged with
managing an industrial emergency and certain areas affected by the
emergency; authorizing the Director of the Division of Homeland
Security and Emergency Management to promulgate legislative rules
establishing a list of facilities subject to the requirements of
this section; providing for civil penalties; and authorizing the
promulgation of legislative rules.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
The bill (Com. Sub. for S. B. No. 279), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 302, Expanding municipal parking authority
officers' ticketing powers.
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.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 314, Authorizing county commissions designate
early voting locations.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 314 (originating in the
Committee on Government Organization)--A Bill to amend and reenact
§3-3-2a 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.
With the recommendation that the committee substitute do pass; but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill (Com. Sub. for S. B. No. 314), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
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
Senate Bill No. 363, Authorizing Insurance Commissioner
promulgate legislative rule relating to professional employer
organizations.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under consideration
Senate Bill No. 399, Creating senior resident hunting, fishing
and trapping license.
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,
John Pat Fanning,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Concurrent Resolution No. 5, Requesting Joint Committee
on Government and Finance study deer/vehicle collision.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first be
referred to the Committee on Rules.
Respectfully submitted,
John Pat Fanning,
Chair.
The resolution, under the original double committee reference,
was then referred to the Committee on Rules.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills and
joint resolution were introduced, read by their titles, and
referred to the appropriate committees:
By Senators Kessler, Laird and Chafin:
Senate Bill No. 457--A Bill to amend and reenact §15-2B-3,
§15-2B-6, §15-2B-7, §15-2B-9, §15-2B-10 and §15-2B-12 of the Code
of West Virginia, 1931, as amended; and to amend said code by
adding thereto two new sections, designated §15-2B-15 and
§15-2B-16, all relating to DNA data collection generally; providing
definitions; authorizing the West Virginia State Police to
administer DNA identification system; authorizing the West Virginia
State Police to enter into certain cooperative agreements;
requiring DNA sample be obtained upon conviction; identifying tests
to be performed on DNA samples; providing authority to maintain
samples; providing procedure for withdrawing and analyzing samples;
providing procedure for exchanging samples with others; providing
procedure for removing sample from database by expungement;
providing for destruction of samples; providing penalties; and
authorizing the West Virginia State Police to collect certain fees
for DNA testing.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators White, Chafin and Kessler:
Senate Bill No. 458--A Bill to amend and reenact §18-7A-13a of
the Code of West Virginia, 1931, as amended, relating to lifting
the cap on the number of days that certain retired teachers can work and continue to draw their retirement benefits from the State
Teachers Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senator Caruth:
Senate Bill No. 459--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §22A-6-11, relating to requiring the Board of Coal Mine
Health and Safety to perform a risk assessment of current safety
standards; identifying problematic safety areas where current
resources could be used to maximum benefit; and proposing rules for
review and approval by the Legislature.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Laird, White and Palumbo:
Senate Bill No. 460--A Bill to amend and reenact §61-5-8 of
the Code of West Virginia, 1931, as amended, relating to including
telecommunications devices and all their parts as contraband in
jails, state correctional facilities, juvenile facilities and
juvenile detention centers.
Referred to the Committee on the Judiciary.
By Senators Caruth, Snyder, Chafin, Tomblin (Mr. President),
Browning, Edgell, Green, Helmick, Plymale, Stollings, Jenkins,
Laird, Minard, Yost, Barnes, Hall, Deem, Oliverio, Williams and
Fanning:
Senate Bill No. 461--A Bill to amend and reenact §22-11-6 of the Code of West Virginia, 1931, as amended, relating to extending
the time for compliance with selenium effluent limits.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Oliverio, Kessler, Jenkins, Wells, Minard and
White:
Senate Bill No. 462--A Bill to amend and reenact §3-2-6 and
§3-2-16 of the Code of West Virginia, 1931, as amended; and to
amend and reenact §3-5-17 of said code, all relating to lengthening
the period for voter registration; lengthening the period during
which voters may register to the third day before an election;
changing the verification procedures to provide for the extended
period of registration; permitting registration during early
elections to occur only at locations designated by the county
clerk; permitting persons to register and vote on the same day
during the early voting period; prohibiting persons from changing
party affiliation during the early voting period preceding a
primary election; and changing the canvassing start day in primary
elections to Monday so clerks can comply with ten-day postcard
verification requirement.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Barnes and McCabe:
Senate Bill No. 463--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §20-2-5h, relating to permitting Sunday hunting on licensed shooting preserves.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Minard, Helmick, McCabe and Chafin:
Senate Bill No. 464--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-16-24a, relating to additional fees to employer for
paper transactions with the Public Employees Insurance Agency.
Referred to the Committee on Finance.
By Senators Bowman and Snyder:
Senate Bill No. 465--A Bill to amend and reenact §5A-10-1,
§5A-10-2, §5A-10-3, §5A-10-4, §5A-10-5, §5A-10-6 and §5A-10-9 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §5A-10-12 and
§5A-10-13, all relating to the Real Estate Division of the
Department of Administration and the powers and duties of acquiring
and disposing of real property, contracting for third-party real
estate services and billing spending units for the actual costs of
such third-party services; excepting the deposit of revenues
derived from wireless communication tower leases on property
subject to a pledge of its revenues in connection with a bond issue
into the General Revenue Fund; and creating a special revenue fund
for the acquisition of real property and payment of associated
costs.
Referred to the Committee on Government Organization; then to
the Committee on the Judiciary; and then to the Committee on Finance.
By Senators Bowman and Snyder:
Senate Bill No. 466--A Bill to amend and reenact §29-6-5 of
the Code of West Virginia, 1931, as amended, relating to the
functions of the Division of Personnel.
Referred to the Committee on Government Organization.
By Senators White and Foster:
Senate Bill No. 467--A Bill to amend and reenact §20-2-27 and
§20-2-28 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §20-2-
42x, all relating to senior resident lifetime hunting, fishing and
trapping license and fee of $15; and allowing persons who are
sixty-five years of age before January 1, 2010, to remain exempt
from the purchase of the license.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Laird, White, D. Facemire and Kessler:
Senate Bill No. 468--A Bill to amend and reenact §11A-3-24 of
the Code of West Virginia, 1931, as amended, relating to requiring
a purchaser of redemption property to pay in certified funds.
Referred to the Committee on Finance.
By Senators Fanning, Green, Hall, Chafin and D. Facemire:
Senate Bill No. 469--A Bill to amend and reenact §5G-1-3 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22C-1-5 of said code; to amend and reenact §24-2-11 of said code;
and to amend and reenact §31-15A-3 and §31-15A-6 of said code, all relating to construction of state utility projects; putting
limitations on engineering design and construction inspection fees
for state and state subdivision-sponsored utility construction;
requiring all Water Development Authority-sponsored utility
projects to get authorization prior to removal of proposed
customers of a project; requiring the governmental agency
administering the utility project to perform an annual maintenance
audit of the utility; altering the number of customers or proposed
customers protesting requiring a formal hearing; reducing time
periods for the Public Service Commission to review and approve
certain applications by public utilities for certificate of public
convenience and necessity; providing for additional members of the
West Virginia Infrastructure and Jobs Development Council; and
requiring a study of engineering costs by the West Virginia
Infrastructure and Jobs Development Council.
Referred to the Committee on Rules.
By Senators Kessler, Chafin, Plymale and Stollings:
Senate Bill No. 470--A Bill to amend and reenact §20-15-1,
§20-15-2, §20-15-3, §20-15-4, §20-15-5 and §20-15-6 of the Code of
West Virginia, 1931, as amended, all relating to regulating all-
terrain vehicles and utility-terrain vehicles on the Hatfield-McCoy
Trail; standardizing the definition of "all-terrain vehicle";
defining and regulating a utility-terrain vehicle; and making
stylistic and technical corrections.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 471--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §44-13-4a, relating to the duties of county clerks to
report foreclosure statistics to the Division of Banking twice a
year; collecting an additional fee for filing foreclosure reports;
disbursing such fee; and limiting the responsibilities of the
Division of Banking in publishing reports.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Unger, Green, Caruth and Stollings:
Senate Bill No. 472--A Bill to amend and reenact §17-22-1,
§17-22-6, §17-22-7, §17-22-8, §17-22-9, §17-22-10, §17-22-11 and
§17-22-13 of the Code of West Virginia, 1931, as amended, all
relating to amending restrictions on outdoor advertising of
businesses located on real property owned or leased by the business
advertised.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Bowman, Snyder and D. Facemire:
Senate Bill No. 473--A Bill to amend and reenact §29-6-24 of
the Code of West Virginia, 1931, as amended, relating to clarifying
provisions relating to postings of job openings after a vacancy is
created.
Referred to the Committee on Labor; and then to the Committee
on the Judiciary.
By Senators Green, Foster, Minard and D. Facemire:
Senate Bill No. 474--A Bill to amend and reenact §22-6-1 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§22C-8-2 of said code; and to amend and reenact §22C-9-2 of said
code, all relating to modifying the definitions of "shallow well"
and "deep well" to allow a shallow well to be drilled deeper; and
correcting antiquated language throughout.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senator Foster:
Senate Bill No. 475--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended, relating to crediting
increases in copays, coinsurance, deductibles and out-of-pocket
maximums adopted by the Public Employees Insurance Agency Finance
Board to the twenty-percent aggregate employee premium payment for
insurance.
Referred to the Committee on Finance.
By Senators Minard, Jenkins and Plymale:
Senate Bill No. 476--A Bill to amend and reenact §31A-2A-1 of
the Code of West Virginia, 1931, as amended, relating to providing
that the definition of "financial institution" includes regulated
consumer lenders, residential mortgage lenders, brokers and
servicers, licensed money services businesses and all entities
which are by law under the jurisdiction and supervision of the
Commissioner of Banking.
Referred to the Committee on Banking and Insurance.
By Senators Barnes and Caruth:
Senate Bill No. 477--A Bill to amend and reenact §30-40-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
individuals who lease property for their subsurface rights to be
licensed under the Real Estate License Act.
Referred to the Committee on Government Organization.
By Senators Kessler, Barnes, White, Chafin and Wells:
Senate Bill No. 478--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §22-7A-1, §22-7A-2, §22-7A-3, §22-7A-4, §22-7A-5, §22-
7A-6, §22-7A-7 and §22-7A-8, all relating to the production of oil
and gas; enacting the Surface Owners Protection Act; creating
certain duties owed by oil and gas operators to surface owners;
requiring notice to the surface owner when oil and gas operations
are initiated; providing for an agreement between the surface
owners and operators regarding use of the land; and requiring a
bond or other surety in certain circumstances.
Referred to the Committee on Energy, Industry and Mining; then
to the Committee on the Judiciary; and then to the Committee on
Finance.
By Senators Helmick, McCabe, Foster and White:
Senate Bill No. 479--A Bill to amend and reenact §11-15B-2,
§11-15B-21, §11-15B-24, §11-15B-28 and §11-15B-32 of the Code of
West Virginia, 1931, as amended, all relating to the Streamlined
Sales and Use Tax Agreement and the West Virginia consumers sales
and service tax and use tax; adding new definition; providing relief from liability in specified circumstances; providing
administrative exemptions; specifying the requirements of certified
service providers; and specifying the effective date.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on Finance.
By Senators Prezioso, Jenkins, Minard, Foster, Williams,
Laird, Plymale and D. Facemire:
Senate Bill No. 480--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-10-7c, relating to the federal Yellow Ribbon G. I.
Education Enhancement Program; requiring state institutions of
higher education to participate in the program; requiring state
institutions of higher education to enter into agreements with the
United States Secretary of Veterans Affairs to provide matching
contributions toward the cost of tuition and mandatory fees not
otherwise covered under the Post-9/11 Veterans Educational
Assistance Act of 2008; and extending this program to all dependent
children of eligible post-9/11 in-state active military personnel.
Referred to the Committee on Military; then to the Committee
on Education; and then to the Committee on Finance.
By Senators Minard, Green, Helmick and McCabe:
Senate Bill No. 481--A Bill to amend and reenact §5-16-12a of
the Code of West Virginia, 1931, as amended, relating to the
requirement that employers provide reasonable documentation to the
Director of the Public Employees Insurance Agency.
Referred to the Committee on Finance.
By Senators Kessler and Stollings:
Senate Bill No. 482--A Bill to amend and reenact §5A-11-6 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §5B-2A-6 of said code, all relating to prohibiting mining
on cemetery land; and including surface mining on cemeteries in
community impact statements.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Prezioso, Minard, Foster and Stollings:
Senate Bill No. 483--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-11-1, §49-11-2, §49-11-3, §49-11-4, §49-11-5,
§49-11-6, §49-11-7, §49-11-8, §49-11-9 and §49-11-10, all relating
to establishing the Caregivers Consent Act; definitions;
caregiver's consent for minor's health care; duty of health care
facility or practitioner; affidavit of caregiver consent;
revocation or termination of consent; good faith reliance on
affidavit; exceptions to applicability; penalty for false
statement; and rule-making authority.
Referred to the Committee on Health and Human Resources.
By Senators Snyder, Minard and Plymale:
Senate Joint Resolution No. 11--Proposing an amendment to the
Constitution of the State of West Virginia, amending section one-b,
article X thereof, relating to homestead exemption calculation;
numbering and designating such proposed amendment; and providing a
summarized statement of the purpose of such proposed amendment.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 253, Relating to certain sexual
offenses by or against inmates.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 263, Disclosing certain inmates'
personal communications.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 294, Defining criminal offense
of incapacitated person's abuse or neglect.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 284, Relating to Viatical
Settlements Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 339, Exempting certain licensed
medical professionals from county hiring prohibition.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 405, Relating to grandparents'
visitation.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators McCabe, Plymale, Barnes and
Deem.
Thereafter, at the request of Senator Kessler, and by
unanimous consent, the remarks by Senator Plymale were ordered
printed in the Appendix to the Journal.
At the request of Senator Caruth, unanimous consent being
granted, the remarks by Senators Barnes and Deem were ordered
printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the respective requests of Senators Fanning and Green, the
names of Senators Fanning and Green were removed as sponsors of
Senate Bill No. 469 (
Relating to state utility construction
projects).
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Friday, March 6, 2009, at 11 a.m.
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