sdj-36th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
THIRTY-SIXTH DAY
____________
Charleston, W. Va., Wednesday, March 18, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Pastor Chuck Lawrence, Christ Temple
Church, Huntington, West Virginia.
Pending the reading of the Journal of Tuesday, March 17, 2009,
On motion of Senator Palumbo, 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 passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 2225--A Bill to amend and
reenact article 4, chapter 64 of the Code of West Virginia, 1931,
as amended, relating generally to the promulgation of
administrative rules by the Department of Education and the Arts
and the procedures relating thereto; legislative mandate or
authorization for the promulgation of certain legislative rules by various executive and administrative agencies of the Department of
Education and the Arts; authorizing certain of the agencies to
promulgate certain legislative rules in the form that the rules
were filed in the State Register; authorizing certain of the
agencies to promulgate certain legislative rules with various
modifications presented to and recommended by the Legislative Rule-
making Review Committee; and authorizing the Division of
Rehabilitation Services to promulgate a legislative rule relating
to low vision driver training program.
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. 2335--A Bill to amend and
reenact §18B-10-7 of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§18B-10-7c, all relating to higher education tuition and fee
waivers; tuition and fee waivers for certain military personnel;
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 clarifying
residency requirement for certain tuition and fee waivers.
Referred to the Committee on Education; and then to the
Committee on Finance.
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. 2691--A Bill to repeal
§5-1D-11 of the Code of West Virginia, 1931, as amended; to repeal
§5-10D-8 of said code; to repeal §5-11-21 of said code; to repeal
§5-14-12 of said code; to repeal §5-16-4a and §5-16-27 of said
code; to repeal §5-16B-4a of said code; to repeal §5-16C-10 of said
code; to repeal §5-22A-15 of said code; to repeal §5-26A-6 of said
code; to repeal §5-28-4 of said code; to repeal §5A-3-57 of said
code; to repeal §5A-3C-16 of said code; to repeal §5A-8-15a of said
code; to repeal §5A-11-8 of said code; to repeal §5B-2-13 of said
code; to repeal §5B-2A-13 of said code; to repeal §5B-2C-8 of said
code; to repeal §5C-2-6 of said code; to repeal §5D-1-24 of said
code; to repeal §6B-2-11 of said code; to repeal §6C-3-5 of said
code; to repeal §7-4-6a of said code; to repeal §9A-1-2a of said
code; to repeal §10-5-6 of said code; to repeal §11-1-8 of said
code; to repeal §12-6-20 of said code; to repeal §12-6C-20 of said
code; to repeal §15-2-50 of said code; to repeal §15-2D-6 of said
code; to repeal §15-2E-8 of said code; to repeal §16-1-13a of said
code; to repeal §16-4C-5a of said code; to repeal §16-5P-15 of said
code; to repeal §16-5Q-3 of said code; to repeal §16-29B-28 of said
code; to repeal §16-41-7 of said code; to repeal §17-2A-1a of said
code; to repeal §17A-2-24 of said code; to repeal §17A-6-18b of said code; to repeal §17B-1D-10 of said code; to repeal §18-2F-9 of
said code; to repeal §18-9D-18 of said code; to repeal §18-10C-3 of
said code; to repeal §18-10L-8 of said code; to repeal §18A-3A-4 of
said code; to repeal §18B-16-6b of said code; to repeal §19-1-3b of
said code; to repeal §19-2B-1a of said code; to repeal §19-2F-11 of
said code; to repeal §19-23-30 of said code; to repeal §20-1-18d
and §20-1-21 of said code; to repeal §20-2-23f of said code; to
repeal §20-5-20 of said code; to repeal §21-1-5 of said code; to
repeal §21-9-13 of said code; to repeal §21-11-19 of said code; to
repeal §21A-1-9 of said code; to repeal §21A-2-9 of said code; to
repeal §22-1-4 and §22-1-7a of said code; to repeal §22-3A-11 of
said code; to repeal §22-15A-15 of said code; to repeal §22-20-2 of
said code; to repeal §22B-3-5 of said code; to repeal §22C-7-4 of
said code; to repeal §22C-9-4a of said code; to repeal §22C-11-6 of
said code; to repeal §23-5-17 and §23-5-18 of said code; to repeal
§24-1-10 of said code; to repeal §25-1-2 of said code; to repeal
§25-6-1, §25-6-2, §25-6-3, §25-6-4, §25-6-5, §25-6-6 and §25-6-7 of
said code; to repeal §29-1-1b of said code; to repeal §29-1A-5 of
said code; to repeal §29-2-10 of said code; to repeal §29-3-31 of
said code; to repeal §29-6-5a of said code; to repeal §29-12-12 of
said code; to repeal §29-18-24 of said code; to repeal §29-20-7 of
said code; to repeal §29-21-3a of said code; to repeal §29-22-26 of
said code; to repeal §30-3-18 of said code; to repeal §30-4-30 of
said code; to repeal §30-5-25 and §30-5-29 of said code; to repeal
§30-6-32 of said code; to repeal §30-7-17 of said code; to repeal
§30-7A-12 of said code; to repeal §30-7B-10 of said code; to repeal §30-8-11 of said code; to repeal §30-9-32 of said code; to repeal
§30-12-15 of said code; to repeal §30-13A-37 of said code; to
repeal §30-14-16 of said code; to repeal §30-20-15 of said code; to
repeal §30-21-16 of said code; to repeal §30-22-29 of said code; to
repeal §30-23-30 of said code; to repeal §30-30-14 of said code; to
repeal §30-32-22 of said code; to repeal §30-34-17 of said code; to
repeal §30-35-15 of said code; to repeal §30-36-20 of said code; to
repeal §30-37-12 of said code; to repeal §30-38-19 of said code; to
repeal §30-40-28 of said code; to repeal §31-16-5 of said code; to
repeal §31A-3-5 of said code; to repeal §33-48-11 of said code; to
repeal §48-18-134 of said code; to repeal §48-26-1102 of said code;
to amend and reenact §5-6-1 of said code; to amend and reenact
§5A-1-11 of said code; to amend and reenact §5B-1-1a of said code;
to amend and reenact §9-2-1a of said code; to amend and reenact
§9-4-3 of said code; to amend and reenact §16-1-16 of said code; to
amend and reenact §17-16A-3 of said code; to amend and reenact
§17B-2-7a of said code; to amend and reenact §17C-15-44 of said
code; to amend and reenact §18-10A-2 of said code; to amend and
reenact §19-1-3a of said code; to amend and reenact §19-12A-3 of
said code; to amend and reenact §22-25-13 of said code; to amend
and reenact §22C-12-6 of said code; to amend and reenact §24-1-3 of
said code; to amend and reenact §24A-1A-2 of said code; to amend
and reenact §24E-1-11 of said code; to amend and reenact §30-30-3
of said code; and to amend and reenact §47A-1-1 of said code, all
relating to removing nonutilized code sections.
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. House Bill No. 3047--A Bill to amend and reenact §5-16-16
of the Code of West Virginia, 1931, as amended, relating to the
ability of Public Employees Insurance Agency to enter into
capitated provider arrangements for the provision of primary health
care services.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
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 18th day of March, 2009, presented to
His Excellency, the Governor, for his action, the following bill,
signed by the President of the Senate and the Speaker of the House
of Delegates:
(S. B. No. 403), Making supplemental appropriation from State
Road Fund to Department of Transportation.
Respectfully submitted,
Corey Palumbo,
Chair, Senate Committee.
Danny Wells,
Chair, House Committee.
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. 12, Allowing 2-year motorcycle registration
period.
Senate Bill No. 335, Authorizing Division of Culture and
History distribute fairs and festivals' funding.
And,
Senate Bill No. 594, Requiring monthly fund installments to
Courtesy Patrol.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
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
Senate Bill No. 75, Establishing alcohol use by minors as
juvenile delinquent offense.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 75 (originating in the Committee
on the Judiciary)--A Bill
to amend and reenact §11-16-19 of the
Code of West Virginia, 1931, as amended; to amend and reenact
§49-1-4 of said code; and to amend and reenact §60-3A-24 of said
code, all relating to changing the use of alcoholic beverages by minors from a status offense to an act of juvenile delinquency.
With the recommendation that the committee substitute 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
Senate Bill No. 131, Prohibiting handheld cellular phone use
while driving.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 256, Providing additional
requirements for certain property annexation.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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
Senate Bill No. 261, Mandating party executive committees
submit certain nominees 70 days before election.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 261 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §3-1-30 of
the Code of West Virginia, 1931, as amended, relating to requiring
party executive committees to submit their list of nominees to
serve as election officials no later than the seventieth day before
the election.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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
Senate Bill No. 282, Relating to retail liquor licenses'
classification.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 282 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §60-3A-2,
§60-3A-2a, §60-3A-4, §60-3A-6, §60-3A-7, §60-3A-8, §60-3A-10, §60-
3A-10b, §60-3A-11 and §60-3A-12 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §60-3A-10d, all relating to classifying retail licenses
for the sale of liquor; setting forth legislative findings;
defining certain terms; authorizing the Alcohol Beverage Control
Commissioner to issue retail licenses for the sale of liquor;
establishing certain standards for the issuance of licenses within
market zones; limiting the issuance of retail licenses to operate
mixed retail liquor outlets; authorizing the commissioner to adopt
certain standards for retail outlets; increasing the maximum
percentage of retail licenses a person may own; providing a
purchase option for active retail licensees seeking to operate a
freestanding liquor retail outlet; providing for financing for the
purchase of a retail license for a freestanding liquor retail
outlet; and authorizing emergency rules.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 282), under the original double committee reference, was then referred to the Committee on
Finance.
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. 425, Disclosing certain refinanced loan's
higher annual percentage rate.
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 Oliverio, from the Committee on Labor, submitted the
following report, which was received:
Your Committee on Labor has had under consideration
Senate Bill No. 473, Clarifying civil service job posting
provisions.
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,
Michael A. Oliverio II,
Chair.
At the request of Senator Oliverio, unanimous consent being
granted, the bill (S. B. No. 473) contained in the preceding report
from the Committee on Labor 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.
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. 476, Relating to "financial institution"
definition.
And,
Senate Bill No. 503, Defining "sound financial condition".
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Joseph M. Minard,
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
Senate Bill No. 494, Authorizing Insurance Commissioner order
restitution in certain cases.
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,
Joseph M. Minard,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance, with an amendment from
the Committee on Banking and Insurance 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
Senate Bill No. 521, Including telecommunications devices as
jail contraband.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
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
Senate Bill No. 532, Creating WV SAFE Mortgage Licensing Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 532 (originating in the
Committee on Banking and Insurance)--A Bill
to amend and reenact
§31-17-1, §31-17-2, §31-17-3, §31-17-4, §31-17-5, §31-17-7,
§31-17-11, §31-17-12, §31-17-13 and §31-17-20 of the Code of West
Virginia, 1931, as amended; to amend said code by adding thereto a
new article, designated §31-17A-1, §31-17A-2, §31-17A-3, §31-17A-4,
§31-17A-5, §31-17A-6, §31-17A-7, §31-17A-8, §31-17A-9, §31-17A-10,
§31-17A-11, §31-17A-12, §31-17A-13, §31-17A-14, §31-17A-15,
§31-17A-16, §31-17A-17, §31-17A-18, §31-17A-19 and §31-17A-20; and
to amend and reenact §46A-4-102 of said code, all relating to the
Division of Banking's participation in the Nationwide Mortgage
Licensing System and Registry; complying with the SAFE Act;
amending and creating definitions; exempting federally insured
depository institutions from broker licensing; allowing the
Division of Banking to participate in the Nationwide Mortgage
Licensing System and Registry; permitting the Nationwide Mortgage
Licensing System and Registry to process background and credit
checks on behalf of the Commissioner of Banking; creating a tiered
bond structure for licensed lenders and brokers; reducing the
license processing time for lenders and brokers; requiring a new
application for certain changes in control of mortgage licensees;
clarifying the fee for licensee office relocation; synchronizing
the mortgage annual report requirement with the Nationwide Mortgage
Licensing System and Registry; outlining the purpose of the West
Virginia SAFE Mortgage Licensing Act; defining terms associated with the SAFE Mortgage Licensing Act; requiring licensing and
registration of mortgage loan originators; creating an application
procedure for mortgage loan originators with minimum standards;
requiring prelicensure education of mortgage loan originators;
implementing a prelicensure testing requirement for mortgage loan
originators; explaining standards for mortgage loan originator
license renewal; clarifying annual continuing education
requirements for mortgage loan originators; granting the
commissioner authority to require mortgage loan originator
licensing through the Nationwide Mortgage Licensing System and
Registry; requiring the commissioner to create a challenge process
for the Nationwide Mortgage Licensing System and Registry; creating
enforcement authority for mortgage loan originators; defining
violations and penalties of the SAFE Mortgage Licensing Act;
requiring a surety bond to cover licensed mortgage loan originators
that is tied to the amount of mortgage originations by each lender,
broker or regulated consumer lender licensee; creating
confidentiality provisions; granting investigation and examination
authority to the Commissioner of Banking for violations of the SAFE
Mortgage Licensing Act; outlining prohibited acts and practices for
mortgage loan originators; requiring the Commissioner of Banking to
report to the Nationwide Mortgage Licensing System and Registry;
clarifying the use of unique identifiers; creating a severability
section; defining effective dates; requiring the licensure of
mortgage loan originators employed by licensed regulated consumer
lenders; and implementing a bond requirement for regulated consumer lenders that originate mortgage loans.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Government Organization.
Respectfully submitted,
Joseph M. Minard,
Chair.
The bill (Com. Sub. for S. B. No. 532), under the original
double committee reference, was then referred to the Committee on
Government Organization.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 536, Relating to reorganization and
consolidation of community and technical colleges.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 536 (originating in the
Committee on Education)--A Bill
to
amend the Code of West Virginia,
1931, as amended, by adding thereto a new article, designated
§18B-3F-1, §18B-3F-2, §18B-3F-3, §18B-3F-4, §18B-3F-5, §18B-3F-6,
§18B-3F-7, §18B-3F-8, §18B-3F-9 and §18B-3F-10, all relating to
reorganization and consolidation of community and technical
colleges; setting forth the powers and duties of the West Virginia
Council for Community and Technical College Education
; providing
definitions; legislative findings; requiring development of a strategic reorganization plan; establishing an administrative
planning committee; committee membership, terms of offices, powers
and duties; providing for appointment of an institutional president
and other officers; providing for transfer of assets and
liabilities, operating budgets, orders, policies and procedures;
setting forth employee rights and benefits; and requiring
notification of employment status by certain date under certain
circumstances.
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,
Robert H. Plymale,
Chair.
The bill (Com. Sub. for S. B. No. 536), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 554, Requiring sex offender registry fee.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 554 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section, designated §15-12-2c, relating to requiring sex offenders to pay a
fee which is to be deposited into the State Police Retirement Fund;
and providing penalties.
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,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 554), 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
Senate Bill No. 601, Eliminating driver surveillance signs.
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 R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
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 Yost, Chafin, Fanning, Snyder, Bowman and Sypolt:
Senate Bill No. 625--A Bill to amend and reenact §17A-10-3b of
the Code of West Virginia, 1931, as amended; to amend and reenact
§17C-15-44 of said code; and to amend said code by adding thereto
a new section, designated §17C-15-44a, all relating to motorcycle
safety and equipment; increasing the motorcycle safety fee;
providing a motorcycle helmet exemption for motorcyclists meeting
certain requirements; helmet exemption sticker and fees; penalties;
and rules.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Minard (By Request) and Kessler:
Senate Bill No. 626--A Bill to amend and reenact §33-6-31 of
the Code of West Virginia, 1931, as amended, relating to
eliminating the doctrine of constructive exhaustion relative to an
insured's right to recover underinsured benefits from the insured's
insurance carrier.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Laird and White:
Senate Bill No. 627--A Bill to amend and reenact §17B-2-3 of
the Code of West Virginia, 1931, as amended, relating to allowing
a person who has been diagnosed with a seizure disorder to operate a motor vehicle on the highways upon proper determination by a
licensed physician that said person is qualified to be licensed to
drive as prescribed pursuant to section thirteen, article three,
chapter seventeen-b of said code.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on the Judiciary.
By Senators Laird, Foster, Stollings and Kessler:
Senate Bill No. 628--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §30-5A-1, §30-5A-2, §30-5A-3 and §30-5A-4, all relating
to the creation of the Unintentional Pharmaceutical Drug Overdose
Fatality Review Team to examine and provide preventative education
in cases that involve unintentional pharmaceutical drug overdose
deaths.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Prezioso, Edgell, Deem, Minard and Unger:
Senate Bill No. 629--A Bill to amend and reenact §61-2-10b of
the Code of West Virginia, 1931, as amended, relating to crimes
against certain protected persons; expanding applicability of
increased criminal penalties for battery, malicious assault and
unlawful assault against a government employee or contract worker;
and expanding existing protections for health care workers to
include contract workers.
Referred to the Committee on the Judiciary.
By Senators Kessler, Caruth, Stollings, Palumbo, Plymale, Green and White:
Senate Bill No. 630--A Bill to amend and reenact §61-3-12 and
§61-3-29 of the Code of West Virginia, 1931, as amended, all
relating to establishing a criminal penalty for entry upon any
property owned or leased by a public utility or a company engaged
in the production or transmission of natural gas; and increasing
from a misdemeanor to a felony the penalty for damage or
destruction of real or personal property used for producing,
generating, transmitting, distributing, treating or collecting
electricity, natural gas, water, wastewater, stormwater,
telecommunications and cable service.
Referred to the Committee on the Judiciary.
By Senators Minard and Plymale:
Senate Bill No. 631--A Bill to amend and reenact §33-6A-1 of
the Code of West Virginia, 1931, as amended, relating to the
cancellation of an insurance policy for failure of consideration to
be paid by the insured upon initial issuance of the insurance
policy.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Prezioso:
Senate Bill No. 632--A Bill to amend and reenact §9-5-11b of
the Code of West Virginia, 1931, as amended, relating to requiring
insurers to share information with the Bureau for Medical Services
with regard to services provided to an individual during a period
of coverage with another insurer.
Referred to the Committee on Banking and Insurance.
By Senator D. Facemire:
Senate Bill No. 633--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §48-31-101, §48-31-102, §48-31-103, §48-31-104, §48-31-
105, §48-31-106, §48-31-107, §48-31-108, §48-31-109 and §48-31-110,
all relating to the enactment of the Uniform Premarital Agreement
Act.
Referred to the Committee on Interstate Cooperation; and then
to the Committee on the Judiciary.
By Senators Stollings, Oliverio, Foster, Minard, Green, Sypolt
and Jenkins:
Senate Bill No. 634--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §55-7-26, relating to liability of physicians who render
services to youth camps and programs; limiting liability; and
providing exceptions.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Plymale and Foster:
Senate Bill No. 635--A Bill to repeal §18-2E-5c of the Code of
West Virginia, 1931, as amended; to amend and reenact §18-1-4 of
said code; and to amend and reenact §18-2E-5 of said code, all
relating to education generally; Vision 20/20: An Education
Blueprint for 2020; findings; definitions; requiring the State
Board of Education incorporate Vision 20/20 in a rule; policy- oriented objectives; performance-oriented objectives; and the
Process for Improving Education Council.
Referred to the Committee on Education; and then to the
Committee on Government Organization.
By Senators Fanning, Edgell, White, Sypolt and Oliverio:
Senate Bill No. 636--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state; and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
Senator Stollings offered the following resolution:
Senate Concurrent Resolution No. 32--
Requesting the Division
of Highways name bridge number 03-119-16.72 on U. S. Route 119 in
Boone County the "Brian Scott 'Scotty' Ulbrich Memorial Bridge".
Whereas, Brian Scott "Scotty" Ulbrich was born in West
Virginia and attended Lory Julian Elementary School at Julian, West
Virginia, where he completed elementary education with an "A"
average; and
Whereas, Brian Scott "Scotty" Ulbrich also became a cub scout
earning many medals, the most prestigious of these was his God and
Me and God and Country award, and further became a boy scout; and
Whereas, Brian Scott "Scotty" Ulbrich then entered Madison
Middle School where he maintained an "A/B" grade point average; and
Whereas, During this time, Brian Scott "Scotty" Ulbrich also
became interested in rock climbing and took lessons here in West
Virginia as well as in California and became a very accomplished climber; and
Whereas, Brian Scott "Scotty" Ulbrich attended Scott High
School where he played tennis and football, ran track, became a
member of the National Honor Society and won many first place
medals in the science and social studies fairs; and
Whereas, Brian Scott "Scotty" Ulbrich was an avid cyclist and
started riding dirt bikes at age six and was in many hill climbs.
He went on to race and eventually started riding street bikes; and
Whereas, Brian Scott "Scotty" Ulbrich was a first-degree black
belt in tae kwon do karate and was a certified karate instructor,
a member of the West Virginia karate team, a local, state and
national champion and also held the rank in judo, aikido and iaido;
and
Whereas, Brian Scott "Scotty" Ulbrich then attended Marshall
University, majoring in criminal justice. He became a member of
the cheering squad his freshman year known as the "Marshall
Maniacs" and would participate in various pregame and halftime
shows that involved dressing up as the opposing team's mascot to
get wiped out by another who was dressed in the Marshall green and
white; and
Whereas, Brian Scott "Scotty" Ulbrich felt he needed to defend
our great state and nation and, therefore, enlisted in the United
States Army in 2004, when he was only one semester shy of earning
his undergraduate degree at Marshall University (his B. A. degree
was granted posthumously on Veteran's Day, 2005); and
Whereas, Brian Scott "Scotty" Ulbrich became a cavalry scout after completing basic training at Fort Knox, Kentucky; and
Whereas, Brian Scott "Scotty" Ulbrich was stationed at Fort
Carson, Colorado, as a member of the first platoon of Lightning
Troop, Third Squadron, Third Armored Cavalry Regiment and also
decorated as an expert in marksmanship, bayonette and grenades; and
Whereas, Brian Scott "Scotty" Ulbrich's unit was shipped off
to Iraq in March, 2005; and
Whereas, Brian Scott "Scotty" Ulbrich performed many acts of
heroism and bravery under fire to save his fellow men and women in
uniform in Iraq, which included embarking on many missions that
were of a covert nature; and
Whereas, Brian Scott "Scotty" Ulbrich was the recipient of the
Bronze Star, the Purple Heart, the Good Conduct Medal and the Army
Commendation Medal; and
Whereas, United States Army Brigadier General P. K. Keen
asserted Brian Scott "Scotty" Ulbrich's attention to detail and
desire to excel were known throughout the Third Armored Cavalry
Regiment and Scotty's unwavering dedication, selfless service,
professionalism and outstanding performance of duty left an
indelible impression on his fellow soldiers and reflected a great
credit upon him, the Third Armored Cavalry Regiment and the United
States Army; and
Whereas, While faithfully executing his duties to his
community, state and nation, Specialist Brian Scott "Scotty"
Ulbrich was killed in action on June 5, 2005, in the farmlands
south of Baghdad by four improvised explosive devices while he was out of his vehicle securing a portion of a roadway so other United
States troops could make it through safely; and
Whereas, Having honorably served in the United States Army and
given the ultimate sacrifice for his country, his state and fellow
man, we are compelled to ensure that future generations are aware
of Specialist Brian Scott "Scotty" Ulbrich's commitment to the
cause of freedom; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name
bridge number 03-119-16.72 on U. S. Route 119 in Boone County the
"Brian Scott 'Scotty' Ulbrich Memorial Bridge"; and, be it
Further Resolved, That the Division of Highways is requested
to have made and be placed signs identifying the bridge as the
"Brian Scott 'Scotty' Ulbrich 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 family of
Brian Scott "Scotty" Ulbrich and the Secretary of the Department of
Transportation.
Which, under the rules, lies over one day.
Senators Fanning, Oliverio, Minard, Unger, Laird, White,
Plymale, Green, Kessler and Jenkins offered the following
resolution:
Senate Resolution No. 33--Designating March 18, 2009, as
"Crime Victims Day" at the Legislature.
Whereas, The West Virginia Crime Victims Compensation Fund is
celebrating "Crime Victims Day" at the Legislature by providing all of the crime victim agencies and individuals who serve victims of
crime an opportunity to educate the members of the Legislature and
the public about the many services available to assist victims of
crime and their families throughout our state; and
Whereas, The many agencies and individuals serving victims of
crime and their families in West Virginia strive to foster the
healing of victims and their families through treatment for their
many needs, including, but not limited to, advocacy for and on
behalf of victims and their families, medical treatment and mental
health counseling, compensation and restitution; and
Whereas, The many organizations and individuals who provide
assistance to victims of crime and their families make enormous
contributions to those who have been affected by crime in our
state; and
Whereas, West Virginia is proud of the accomplishments and
achievements of the many organizations and individuals who serve
the needs of victims of crime and appreciate their many
contributions to our communities; and
Whereas, There are also many victims or family members present
on this special day to foster understanding by the public of the
effects of victimization; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 18, 2009, as "Crime
Victims Day" at the Legislature; and, be it
Further Resolved, That the Senate expresses its appreciation
to the many organizations which serve victims of crime and their families throughout our state and for the dedication of those
individuals who serve these organizations; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the West
Virginia Crime Victims Compensation Fund.
At the request of Senator Fanning, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Petitions
Senators Guills and Tomblin (Mr. President) presented a
petition from the Greenbrier County Commission and numerous
Greenbrier County residents, supporting Committee Substitute for
Senate Bill No. 256 (
Providing additional requirements for certain
property annexation).
Referred to the Committee on Government Organization.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 30, Requesting Joint
Committee on Government and Finance study veterans' supplemental
insurance card.
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. 31, Requesting Joint
Committee on Government and Finance study mountaintop removal site
uses.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Economic
Development; and then to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 280, Creating Correctional
Industries Act of 2009.
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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Browning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 280) passed with its title.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Browning--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 280) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 302, Expanding municipal parking
authority officers' ticketing powers.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
Pending extended discussion,
The question being "Shall Engrossed Senate Bill No. 302 pass?"
On the passage of the bill, the yeas were: Boley, Bowman,
Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Foster, Green,
Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt,
Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--30.
The nays were: Barnes, Chafin and Fanning--3.
Absent: Browning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S. B. No. 302) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 321, Modifying certificate
of need process.
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, Caruth, Chafin, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Browning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 321) 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 ninth order of business.
Com. Sub. for Senate Bill No. 384, Authorizing Department of
Transportation take control of certain highway emergencies.
On second reading, coming up in regular order, was read a
second time.
At the request of Senator Chafin, and by unanimous consent, the bill was advanced to third reading with the right for
amendments to be considered on that reading.
Senate Bill No. 497, Relating to WV Partnership to Promote
Community Well-Being.
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 Com. Sub. for Senate Bill No. 279, Relating to
industrial accidents and emergency response regulations.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 581, Permitting certain minor blood donations
with parental consent.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Snyder and Kessler.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Browning, unanimous consent being
granted, it was ordered that the Journal show had Senator Browning
been present in the chamber in earlier proceedings today, he would
have voted "yea" on the passage of Engrossed Committee Substitute
for Senate Bill No. 280, Engrossed Senate Bill No. 302 and
Engrossed Committee Substitute for Senate Bill No. 321.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, March 19, 2009, at 11 a.m.
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