Senate Daily Journal

sdj-43rd day WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FORTY-THIRD DAY
____________

Charleston, W. Va., Wednesday, March 25, 2009

The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Jesse Waggoner, Senior Associate Pastor, Bible Center Church, Charleston, West Virginia. Debra Renee Burkhardt of London, West Virginia, then proceeded in the singing of "How Great Thou Art".
Pending the reading of the Journal of Tuesday, March 24, 2009,
On motion of Senator Williams, 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 and requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 3074--A Bill to amend and reenact §11-6-23 of the Code of West Virginia, 1931, as amended, relating to notice of delinquent taxes by certified mail.
Referred to the Committee on the Judiciary.
The Senate proceeded to the fourth order of business.
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. 15, Limiting certain parks and recreation entities' liability.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 15 (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 §7-11-5a; to amend said code by adding thereto a new section, designated §8-21-10a; to amend and reenact §19-25-3 of said code; and to amend said code by adding thereto a new section, designated §20-5-3a, all relating to limiting liability of the section of Parks and Recreation of the Division of Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners, any officer or agent of a nonprofit state park or forest foundation and owners of land used for public parks and recreation purposes under an agreement with any of the foregoing entities.
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. 17, Increasing certain Cultural Facilities and Capitol Resources Matching Grant Program Fund allocations.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 17 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §29-22A-10 and §29-22A-10b of the Code of West Virginia, 1931, as amended, all relating to the net terminal income allocated to the Development Office Promotion Fund and the Cultural Facilities and Capitol Resources Matching Grant Program Fund; and technical amendments.
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. 17), 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. 49, Relating to abandoned vehicles generally. And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 49 (originating in the Committee on Transportation and Infrastructure)--A Bill to amend and reenact §17-24A-1 and §17-24A-2 of the Code of West Virginia, 1931, as amended, all relating to abandoned motor vehicles; clarifying certain definitions; making it a misdemeanor offense to abandon a motor vehicle which is unlicensed or inoperable, or both, upon any private property for a period of more than thirty days unless the vehicle is in an enclosed building or is obscured from view; setting forth certain exceptions; and penalties.
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,
John R. Unger II,
Chair.
At the request of Senator Unger, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 49) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
At the request of Senator Bowman, and by unanimous consent, the Senate returned to the second order of business and the introduction of guests.
The Senate again proceeded to the fourth order of business.
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. 195, Authorizing Department of Health and Human Resources promulgate legislative rule relating to public water systems.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 195 (originating in the Committee on the Judiciary)--A Bill to amend and reenact article 5, chapter 64 of the Code of West Virginia, 1931, as amended, relating generally to the promulgation of administrative rules by the various executive or administrative agencies and the procedures relating thereto; continuing rules previously promulgated by state agencies and boards; legislative mandate or authorization for the promulgation of certain legislative rules; authorizing certain of the agencies to promulgate certain legislative rule with various modifications presented to and recommended by the Legislative Rule- Making Review Committee; authorizing certain of the agencies to promulgate certain legislative rules with various modifications presented to and recommended by the Legislative Rule-Making Committee and as amended by the Legislature; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to public water systems; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to licensure of medical adult day care centers; authorizing the Department of Health and Human Resources to promulgate a legislative rule relating to tuberculosis testing, control treatment and commitment; authorizing the Commission for the Deaf and Hard of Hearing to promulgate a legislative rule relating to the establishment of required qualifications and ethical standards for interpreters and transliterators; and authorizing the Division of Human Services to promulgate a legislative rule relating to child care center licensing.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 195) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 246, Relating to unemployment compensation generally.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 246 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §21A-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §21A-1A-5, §21A-1A-6, §21A-1A-7 and §21A-1A-28 of said code; to amend and reenact §21A-5-10a of said code; and to amend and reenact §21A-6-1, §21A-6-3 and §21A-6-10 of said code, all relating generally to unemployment compensation; requiring establishment of employer violator system; providing for notice and due process; defining certain terms; creating a temporary solvency assessment; providing for a temporary solvency assessment if the balance of the fund falls below certain funded levels; providing for removal of the temporary solvency assessment; requiring written notice to employers when assessment will be collected and terminated; providing for collection of delinquencies and penalties; providing that the maximum weekly benefit rate shall not increase or decrease while temporary solvency assessments are being imposed; providing for an alternative base wage and authorizing benefits thereunder; requiring notice to employer when employee quits for health reasons; requiring written certification from physician within thirty days; classifying certain conduct as gross misconduct; defining lockout and strike; and providing that an employee who voluntarily retires is not eligible for unemployment.
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.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 246) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 265, Authorizing tax credit for new teachers in critical needs areas.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 265 (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 §11-13Z-1; and to amend said code by adding thereto a new section, designated §18-2-19, all relating to authorizing a tax credit for new teachers in critical needs areas; specifying effective date; providing definition; specifying amount of credit; specifying application of credit; specifying forfeiture of unused credit; specifying no carryover or carryback for credit; and requiring the State Board of Education to determine standards defining "critical needs areas" in both subject areas and geographic areas.
Senate Bill No. 273, Creating incentives to obtain GED.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 273 (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 §11-13Z-1 and §11-13Z-2; and to amend said code by adding thereto a new section, designated §18B-10-7c, all relating generally to incentives for the General Educational Development credential; tax credit for certain employers allowing an employee at least five hours per week of paid release time to study for the General Educational Development test; and tuition waivers for certain students who have earned a General Educational Development credential within the last year.
And,
Senate Bill No. 498, Relating to early childhood development.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 498 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-44 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto a new article, designated §49-2E-1, §49-2E-2, §49-2E-3, §49-2E-4, §49-2E-5, §49-2E-6, §49-2E-7, §49-2E-8, §49-2E-9 and §49-2E-10, all relating to early childhood development; early childhood education; findings; early childhood education program providers; use of existing sources; county collaborative plans; annual submission for approval; creating a review board for the purpose of receiving complaints from community-based programs; changes to an approved county collaborative plan; implementation waiver; reports to Legislative Oversight Commission on Education Accountability and the Joint Committee on Government and Finance; enrolling students less than four years of age; State Board of Education rule; community-based programs ceasing to provide services; community-based programs choosing to provide services after initially electing not to; waiver of annual plan submission requirement; quality rating and improvement system applicable to certain child care providers; findings, purpose and intent; Secretary of Department of Health and Human Resources rules; pilot projects; quality rating and improvement system advisory council; statewide implementation; potential gradual implementation; components of quality rating and improvement system; conditioning requirements on legislative appropriation or other funding; program standards; tiers of quality; review, reduction, suspension or disqualification; accountability measures; evaluations; practitioner and outreach support; parent education and public awareness; financial incentives; wage supports and benefits; subsidizing for services to low income families; scholarships; professional development plans; grants; internet-based management information system; financial assistance for child care consumers; and ongoing quality rating and improvement system evaluation.
With the recommendation that the three committee substitutes do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bills (Com. Sub. for S. B. Nos. 265, 273 and 498) contained in the preceding report from the Committee on Education were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 297, Creating Alternative and Renewable Energy Portfolio Act.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 297 (originating in the Committee on the Judiciary)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new article, designated §24-2F-1, §24-2F-2, §24-2F-3, §24-2F-4, §24-2F-5, §24- 2F-6, §24-2F-7, §24-2F-8, §24-2F-9, §24-2F-10, §24-2F-11, §24-2F-12 and §24-2F-13, all relating to an alternative and renewable energy portfolio standard; setting forth legislative findings; defining terms; establishing standards for the sale of electricity generated from alternative and renewable energy resources; providing for compliance assessments; creating a system of tradeable alternative and renewable energy resource credits; providing for the awarding of credits based upon electricity generated from alternative and renewable energy resource facilities; providing for the awarding of credits for certain greenhouse emissions reduction and offset projects; providing for the awarding of credits for certain energy efficiency and demand-side energy initiative projects; requiring application to the Public Service Commission for approval of alternative and renewable energy portfolio standard compliance plans; setting forth minimum requirements for compliance plan applications; requiring Public Service Commission approval of compliance plan applications; requiring annual progress reports; providing for incentive ratemaking for investments in new alternative and renewable energy resource facilities in West Virginia; requiring the Public Service Commission to adopt certain net metering and interconnection rules and standards; authorizing the Public Service Commission to enter into interagency agreements to meet its requirements under this article; requiring an ongoing assessment of alternative and renewable energy resources in West Virginia; authorizing Public Service Commission to adopt portfolio standards for certain electric cooperatives and other electric facilities or utilities; establishing the Alternative and Renewable Energy Resources Research Fund; providing for the awarding of matching grants for certain research projects; declaring severability; and authorizing the Public Service Commission to promulgate 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.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 297) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 299, Relating to Infrastructure Fund projects.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 299 (originating in the Committee on Finance)--A Bill to amend and reenact §31-15A-2 and §31-15A-7 of the Code of West Virginia, 1931, as amended, all relating to infrastructure projects funded by the West Virginia Infrastructure Fund; providing definitions; specifying that infrastructure projects providing conduit or other supporting or containing structures for telecommunications and broadband transmission lines be included in infrastructure projects eligible for funding; including the feasibility of inclusion of broadband transmission lines concomitant with the construction of new roads; providing that construction of broadband transmission lines may be funded from the Infrastructure Road Improvement Reserve Account within the Infrastructure Fund; removing the limitation of the amount of funds which may be annually transferred to the account; and requiring reasonable and nondiscriminatory access to conduit or other supporting or containing structures for telecommunications and broadband transmission lines, including legislative rules.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 299) contained in the preceding report from the Committee on Finance was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 322, Exempting certain life insurance policies from Medicaid assignment.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
At the request of Senator Prezioso, unanimous consent being granted, the bill (S. B. No. 322) contained in the preceding report from the Committee on Health and Human Resources was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 333, Reducing ratio of school nurses to students.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 333 (originating in the Committee on Education)--A Bill to amend and reenact §18-5-22 of the Code of West Virginia, 1931, as amended, relating to basing school nurse ratio on total net enrollment instead of only kindergarten through seventh grade net enrollment; and eliminating a county's ability to contract out nursing services.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 333) contained in the preceding report from the Committee on Education was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 336, Changing failure to wear seatbelt to primary offense.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 336) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time and ordered to second reading.
Senator 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. 419, Creating Healthy Lifestyles Restaurant Calorie Posting Program.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 419 (originating in the Committee on Health and Human Resources)--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto a new section, designated §5-1E-6, relating to the Healthy West Virginia Program; initiating the Healthy Lifestyles Restaurant Calorie Posting Program; and providing for legislative rule-making authority.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
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. 430, Prohibiting premium subsidies for certain public employees.
Senate Bill No. 492, Clarifying certain Public Employees Insurance Agency retirement requirements.
And,
Senate Bill No. 658, Authorizing Auditor and Treasurer contract emergency banking services.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being granted, the bills (S. B. Nos. 430, 492 and 658) contained in the preceding report from the Committee on Banking and Insurance were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were 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. 450, Allowing Public Employees Insurance Agency enter into capitated provider arrangements.
Senate Bill No. 495, Authorizing Insurance Commissioner permit certain groups life insurance policies.
And,
Senate Bill No. 632, Requiring insurers share certain information with Bureau for Medical Services.
And reports the same back with the recommendation that they each do pass.
Respectfully submitted,
Joseph M. Minard,
Chair.
Senator Kessler, from the Committee on the Judiciary, submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 451, Relating to crime victims' compensation awards.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 451 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §14-2A-3 and §14-2A-14 of the Code of West Virginia, 1931, as amended, all relating generally to compensation awards to victims of crimes; expanding the definition of "criminally injurious conduct"; increasing allowable victim relocation costs; allowing payment for reasonable travel expenses for the transportation of a victim to or from a medical facility; increasing the amount that may be paid to a victim and to all other claimants sustaining economic loss because of injury to that victim; and removing the provision that prohibits the voluntary intoxication of a victim from being a defense against the estate of a deceased victim.
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.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 451) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 461, Extending selenium effluent limits compliance time.
And has amended the same.
And reports the same back with the recommendation that it do pass, as amended.
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
Com. Sub. for Senate Bill No. 470 (originating in the Committee on Transportation and Infrastructure), Regulating all-terrain vehicles on Hatfield-McCoy Trail.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 470 (originating in the Committee on the Judiciary)--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 "utility-terrain vehicle"; defining and regulating "motorcycle"; and making stylistic and technical corrections.
With the recommendation that the committee substitute for 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. 473, Clarifying civil service job posting provisions.
Now on second reading, having been read a first time and referred to the Committee on the Judiciary on March 18, 2009;
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under consideration
Senate Bill No. 483, Creating Caregivers Consent Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
Senator Bowman, from the Committee on Government Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under consideration
Senate Bill No. 490, Authorizing Mercer County Commission appoint emergency operations center board.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on Government Organization.
Senator Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 513, Relating to hiring, termination, transfer and reassignment of school personnel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 513 (originating in the Committee on Education)--A Bill to amend and reenact §18A-2-2, §18A-2-7 and §18A-2-8a of the Code of West Virginia, 1931, as amended; to amend and reenact §18A-3-1, §18A-3-2a and §18A-3-2b of said code; and to amend and reenact §18A-4-7a of said code, all relating to the hiring, termination, transfer and reassignment of teachers and school personnel; revising certain dates upon which action must be taken with respect to the hiring or transfer of teachers and school personnel; providing an incentive payment to professional personnel who file notice of retirement on or before December 1; repealing the citizenship requirement for a teaching certificate; creating an exception to the preference for currently employed certified professional educators for coaching positions; reducing the length of the beginning teacher internship program under certain circumstances; authorizing county boards to hire teachers and professional personnel based on certain equally weighted criteria; authorizing reposting if no applicants are satisfactory; facilitating compliance with posting requirements; and authorizing elementary school teachers to be reassigned under certain conditions.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 513) contained in the preceding report from the Committee on Education 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 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. 515, Creating Uniform Adult Guardianship and Protective Proceedings Jurisdiction Act.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
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. 519, Authorizing Governor institute employee furlough program.
Com. Sub. for Senate Bill No. 554, Requiring sex offender registry fee.
And,
Senate Bill No. 636, Finding and declaring certain claims against state.
And reports the same back with the recommendation that they each 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. 533, Updating terms in consumers sales and service tax.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 533 (originating in the Committee on Finance)--A Bill to amend and reenact §11-15-9i of the Code of West Virginia, 1931, as amended; and to amend and reenact §11-15B-2 and §11-15B-32 of said code, all relating to the definitions of "health care provider" and "drug"; and exempting from the consumers sales and service tax drugs purchased by veterinarians to be dispensed upon prescription for the medical treatment of animals.
With the recommendation that the committee substitute 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. 573, Terminating Pharmaceutical Cost Management Council.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 573 (originating in the Committee on Government Organization)--A Bill to amend and reenact §5A-3C-8 of the Code of West Virginia, 1931, as amended, relating to continuing the West Virginia Pharmaceutical Cost Management Council as an advisory council to the Pharmaceutical Advocate.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Com. Sub. for Senate Bill No. 575 (originating in the Committee on the Judiciary), Relating to gaming operations at historic resort hotel.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 575 (originating in the Committee on Finance)--A Bill to amend and reenact §29-25-1, §29-25-2, §29-25-3, §29-25-5, §29-25-6, §29-25-8, §29-25-9, §29-25- 11, §29-25-12, §29-25-13, §29-25-16, §29-25-17, §29-25-18, §29-25- 19, §29-25-20, §29-25-21, §29-25-22, §29-25-23, §29-25-24, §29-25- 25 and §29-25-26 of the Code of West Virginia, 1931, as amended; and to amend said code by adding thereto twelve new sections, designated §29-25-22a, §29-25-28, §29-25-29, §29-25-30, §29-25-31, §29-25-32, §29-25-33, §29-25-34, §29-25-35, §29-25-36, §29-25-37 and §29-25-38 of said code, all relating to gaming at a historic resort hotel and pari-mutuel racetracks generally; updating and conforming provisions for consistency purposes between hotel and racetracks; legislative findings and intent; authorizing certain games of chance; modifying licensure requirements and fees therefor; renaming State Gaming Fund the Historic Resort Hotel Fund; providing for distribution of the Historic Resort Hotel Fund; creating formula for renewal fee assessments; expanding licensees' authority to set wagers with commission approval; redefining gross terminal income to allow and account for promotional play at hotel and racetracks; authorizing hotel to contract for management services with commission approval; creating the Human Resource Benefit Fund; permissible expenditures; establishing Human Resource Benefit Advisory Board and setting criteria for its membership; powers and duties; authorizing certain complimentary services; restricting who may enter the designated gaming area of the hotel to overnight guests, certain participants at hotel-based events and residents; clarifying forfeiture of property provisions; authorizing commission to operate slot machines and video lottery games; establishing requirements for video lottery terminals; establishing specific duties required of the gaming facility; creating Capital Reinvestment Fund; imposing surcharge against share of gross terminal income to be paid into the Capital Reinvestment Fund; declaring all authorized games of chance to be owned by the state, preempting inconsistent county and municipal ordinances or rules; declaring exemption from federal law to facilitate authorization of legal gaming; establishing rules of play and dispute resolution; authorizing shipment of gambling devices into state; modifying distribution of revenue; license suspension and revocation; civil penalties; authorizing emergency rulemaking; establishing and modifying criminal offenses and penalties; and other technical corrections.
With the recommendation that the committee substitute for committee substitute 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. 577, Relating to Prosecuting Attorneys Institute.
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,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being granted, the bill (S. B. No. 577) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 595, Relating to assignment of child support obligations.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
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. 631, Relating to certain insurance policy cancellation.
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.
At the request of Senator Minard, unanimous consent being granted, the bill (S. B. No. 631) contained in the preceding report from the Committee on Banking and Insurance was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 635, Relating to Process for Improving Education Council.
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 Government Organization.
Respectfully submitted,
Robert H. Plymale,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on Government Organization.
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. 637, Prohibiting texting 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.
At the request of Senator Unger, unanimous consent being granted, the bill (S. B. No. 637) contained in the preceding report from the Committee on Transportation and Infrastructure was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on the Judiciary.
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. 640, Relating to higher education employees' eligibility for Legislature.
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,
Robert H. Plymale,
Chair.
At the request of Senator Plymale, unanimous consent being granted, the bill (S. B. No. 640) contained in the preceding report from the Committee on Education 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 Plymale, from the Committee on Education, submitted the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 652, Relating to mentor teacher.
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,
Robert H. Plymale,
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 Bill No. 684, Requiring timbering operators repair damaged roads and rights-of-way.
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 Pat Fanning,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 727, Creating WV Manufacturing Competiveness and Growth Act.
And,
Senate Bill No. 728, Creating WV Commercial Patent Incentives Tax Act.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bills (S. B. Nos. 727 and 728) contained in the preceding report from the Committee on Economic Development were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on Finance.
Senator Browning, from the Committee on Economic Development, submitted the following report, which was received:
Your Committee on Economic Development has had under consideration
Senate Bill No. 730, Relating to Economic Development Authority developing tourism project loans criteria.
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,
Richard Browning,
Chair.
At the request of Senator Browning, unanimous consent being granted, the bill (S. B. No. 730) contained in the preceding report from the Committee on Economic Development was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 758, Creating WV Public Charter Schools Act of 2009.
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,
Robert H. Plymale,
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.
Senators Stollings, Oliverio, Plymale, Wells and Tomblin (Mr. President) offered the following resolution:
Senate Concurrent Resolution No. 42--Requesting the Division of Highways name the portion of highway beginning on State Route 17 at Man, Logan County, and continuing for 17 miles the "Buffalo Creek Memorial Highway".
Whereas, On February 26, 1972, 125 people were killed, 1,121 out of a population of 5,000 were injured and over 4,000 were left homeless when the Pittston Coal Company's coal slurry impoundment dam #3 burst in Logan County, West Virginia; and
Whereas, Hundreds of homes, mobile homes and 30 businesses were destroyed by the tragic event; and
Whereas, West Virginia State Route 17 has been reconstructed since the "Buffalo Creek Flood" beginning at Man, Logan County, West Virginia; and
Whereas, The memory of those who perished in the February 26, 1972, flood still lives in the hearts and minds of their families and friends, the entire Logan County community and the State of West Virginia and, thus, it is only fitting that this highway so near the site of the tragic "Buffalo Creek Flood" be memorialized; therefore, be it
Resolved by the Legislature of West Virginia:
That the Legislature hereby requests the Division of Highways to name the portion of highway beginning on State Route 17 at Man, Logan County, and continuing for 17 miles the "Buffalo Creek Memorial Highway"; and, be it
Further Resolved, That the Division of Highways is hereby requested to have made and be placed signs identifying the portion of highway as the "Buffalo Creek Memorial Highway"; 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, the County Commission of Logan County and the Town of Man.
Which, under the rules, lies over one day.
Senators Sypolt, Minard and Williams offered the following resolution:
Senate Concurrent Resolution No. 43--Requesting the Division of Highways name bridge number 46-CR40-0.3 spanning Berkeley Run in Grafton, West Virginia, the "Bearcat Bridge".
Whereas, The construction of the present Grafton High School was finished in 1940 and the first graduating class held its commencement ceremony at the same location; and
Whereas, All of those participating students have been referred to as "Bearcats" in honor of the school mascot; and
Whereas, Grafton High School was constructed at the junction of Berkeley Run and the Tygart Valley River and there is a bridge spanning Berkeley Run beside Grafton High School that connects Yates Avenue with Riverside Drive; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 46-CR40-0.3 spanning Berkeley Run in Grafton, West Virginia, the "Bearcat 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 "Bearcat 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 Grafton High School, 400 Riverside Drive, Grafton, West Virginia.
Which, under the rules, lies over one day.
Senators Stollings and Plymale offered the following resolution:
Senate Concurrent Resolution No. 44--Requesting the Division of Highways name West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the "Barry Lutsy Memorial Highway".
Whereas, Barry Lutsy was a long-time member of the Racine Volunteer Fire Department; and
Whereas, Barry Lutsy was married to his beloved wife, Debra, with whom he shared the joy of having two children, Jeremy and Justin; and
Whereas, Sadly, Barry Lutsy was killed in the line of duty on August 13, 2003; and
Whereas, It is fitting to honor Barry Lutsy for his service and sacrifice to his community by naming West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the "Barry Lutsy Memorial Highway"; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name West Virginia Route 3 near Racine in Boone County, beginning at mile post 0.00 and ending on the Kanawha County line at mile post 3.01, the "Barry Lutsy Memorial Highway"; 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 "Barry Lutsy Memorial Highway"; 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 Barry Lutsy.
Which, under the rules, lies over one day.
Senators Caruth and Unger offered the following resolution:
Senate Concurrent Resolution No. 45--Requesting the Joint Committee on Government and Finance study the feasibility and effect of designating that proceeds from fines assessed in criminal cases go to county governments instead of the state government.
Whereas, Many counties are having financial difficulties resulting from the significant burden of regional jail fees; and
Whereas, This financial burden would be eased if the proceeds from fines assessed in criminal cases were returned to the county in some form; and
Whereas, This matter should be studied from several perspectives or scenarios, including:
(1) The Constitutional issues raised by Article XII, Section 5 and the possible amendment thereof;
(2) The fiscal impact to the state and counties of designating that the proceeds from all criminal fines be returned to the counties and not to the state;
(3) The fiscal impact to the state and counties of designating that a certain percentage of the proceeds from criminal fines, from 25 percent to 75 percent, be returned to the counties; and
(4) The fiscal impact to the state and counties of designating that the proceeds from criminal fines only go to counties which are in arrears in their regional cost payments; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby requested to study the feasibility and effect of designating that proceeds from fines assessed in criminal cases go to county governments instead of the state government; and, be it
Further Resolved, That the Joint Committee on Government and Finance report to the regular session of the Legislature, 2010, on its findings, conclusions and recommendations, together with drafts of any legislation necessary to effectuate its recommendations; and, be it
Further Resolved, That the expenses necessary to conduct this study, to prepare a report and to draft necessary legislation be paid from legislative appropriations to the Joint Committee on Government and Finance.
Which, under the rules, lies over one day.
Senators D. Facemire, Oliverio, Plymale and Minard offered the following resolution:
Senate Concurrent Resolution No. 46--Requesting the Division of Highways name bridge number 04-19-3.68 (4198) on Route 19 that crosses the Little Birch River in Braxton County, currently named for Freddie Allen, the "Harold V. Long Memorial Bridge".
Whereas, Harold V. Long pursued the interests and values of his community by serving as a member of the West Virginia House of Delegates from 1972 to 1976; and
Whereas, Harold V. Long was an upstanding businessman in several endeavors, such as Product Distributors, Incorporated, a company that sold gas, tires and other related products to truck drivers. He also owned and operated convenience stores in Sutton and was a member of West Virginia Oil Marketers Association; and
Whereas, Harold V. Long also served his community as a volunteer firefighter; and
Whereas, Harold V. Long's productive life was tragically cut short as he was killed in a plane crash in 2000; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Highways is hereby requested to name bridge number 04-19-3.68 (4198) on Route 19 that crosses the Little Birch River in Braxton County, currently named for Freddie Allen, the "Harold V. Long 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 "Harold V. Long 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 the family of Harold V. Long.
Which, under the rules, lies over one day.
Senators Stollings, Unger, Deem, Jenkins, Foster, Plymale, Minard, McCabe, Yost, Wells and Tomblin (Mr. President) offered the following resolution:
Senate Resolution No. 41--Designating March 25, 2009, as "West Virginia Automobile Dealership Day".
Whereas, There are over 176 car dealerships in the State of West Virginia; and
Whereas, The role car dealerships play in our state's economy is of vital importance to the growth and prosperity of our citizens, as they employ 6,800 people; and
Whereas, The car dealerships of West Virginia are collectors of approximately $2 million in Road Fund tax and contribute hundreds of millions of dollars to the state revenue through sales, payroll and corporate taxes; and
Whereas, The services car dealerships provide to our citizens is of unique importance. Despite the strain of an economic downturn and a decrease in the level of automobile manufacturing on a national scale, state dealerships have remained strong and contribute to the community on a local level; therefore, be it
Resolved by the Senate:
That the Senate hereby designates March 25, 2009, as "West Virginia Automobile Dealership Day"; and, be it
Further Resolved, That the Senate recognizes the importance of automobile dealers in the economic future of West Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the President of the West Virginia Automobile and Truck Dealers Association.
At the request of Senator Stollings, 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.
Senators Caruth, Edgell, Oliverio and Plymale offered the following resolution:
Senate Resolution No. 42--Congratulating the Summers County High School Lady Bobcats basketball team for winning the 2009 Class AA state championship.
Whereas, The 2009 Lady Bobcats basketball team consists of players Emily Blevins, Kim Cox, Lauren Estes, Ashley Brown, Morgan Gore, Leslie Mack, Albany Reed, Lashae Bonds, Candace Brown, Brooke Edwards, Kirsten Trainum, Hallie Gunnoe, Hanna Gunnoe, Kelsie Lively, Danielle Harmon, Keri Hudson, Jennifer Lilly and Megan Morgan; and
Whereas, The Lady Bobcats are coached by head coach Wayne Ryan and assistant coaches Doug Trail, Chad Meador, Laura Rollyson, Cris Meadows and A. W. Ryan; and
Whereas, The Lady Bobcats had a dominant year, finishing with a perfect record of 28-0 in route to winning their third consecutive Class AA state championship; and
Whereas, The Lady Bobcats displayed their strong will and determination for an entire season and will be remembered as one of the best teams ever assembled in West Virginia girls' basketball history; and
Whereas, The Lady Bobcats are a shining example of what can be accomplished through teamwork, dedication and spirit; therefore, be it
Resolved by the Senate:
That the Senate hereby congratulates the Summers County High School Lady Bobcats basketball team for winning the 2009 Class AA state championship; and, be it
Further Resolved, That the Senate commends each coach, team member and staff member for their outstanding accomplishments; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution the Summers County High School Lady Bobcats basketball team.
At the request of Senator Chafin, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
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.
Senators Kessler, Unger, Stollings, Snyder, Edgell, Jenkins, Foster, Plymale, Minard, McCabe, Yost and Wells offered the following resolution:
Senate Resolution No. 43--Recognizing the work of the West Virginia Behavioral Healthcare Providers Association and the West Virginia Association of Alcoholism and Drug Abuse Counselors in providing for a safe, productive and healthy workforce for the State Of West Virginia.
Whereas, One in five families in the State of West Virginia is directly affected by addiction and approximately 160,000 West Virginia citizens are dependent on alcohol or another drug; and
Whereas, Direct and indirect costs attributable to alcohol and other drug use in West Virginia are $1.86 billion or $1,033 per resident; and
Whereas, The Journal of American Medicine reported in January, 2009, that the rate of fatal overdose from opiate drugs in West Virginia is more than twice that of the national average; and
Whereas, More than half of all of West Virginia's prison inmates were under the influence of drugs or alcohol when they were arrested; therefore, be it
Resolved by the Senate:
That the Senate hereby recognizes the work of the West Virginia Behavioral Healthcare Providers Association and the West Virginia Association of Alcoholism and Drug Abuse Counselors in providing for a safe, productive and healthy workforce for the State Of West Virginia; and, be it
Further Resolved, That the Senate hereby seeks to aid these organizations in obtaining funding through the American Recovery and Reinvestment Act of 2009 passed by the United States Congress in February of this year; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Governor, the Secretary of the Department of Health and Human Resources, the Commissioner of the Division of Corrections, the Chairperson of the West Virginia Behavioral Healthcare Providers Association's Substance Abuse Committee and the President of the West Virginia Association of Alcoholism and Drug Abuse Counselors.
At the request of Senator Stollings, unanimous consent being granted, the resolution was taken up for immediate consideration, reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 17, Requesting Division of Highways name bridge in Logan County "Marine Private Robert Clayton Stephenson Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 29, Requesting funding for MARC commuter train service.
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 32, Requesting Division of Highways name bridge in Boone County "Brian Scott 'Scotty' Ulbrich Memorial Bridge".
On unfinished business, coming up in regular order, was reported by the Clerk.
The question being on the adoption of the resolution, the same was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 39, Requesting Joint Committee on Government and Finance study restrictions on graduated driver's license.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 40, Requesting Joint Committee on Government and Finance study regulating motor carrier industry.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
Senate Concurrent Resolution No. 41, Requesting Joint Committee on Government and Finance study regulating towing on private property.
On unfinished business, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the resolution was referred to the Committee on Rules.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 57, Relating to certain school coaches' requirements.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 57) 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 Com. Sub. for Senate Bill No. 249, Relating to annual school calendar.
On third reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, further consideration of the bill was made a special order of business following an anticipated recess.
Eng. Com. Sub. for Senate Bill No. 293, Creating felony offense of unauthorized practice of certain health care professions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 293) 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. 328, Creating WV Transportation Finance Commission.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Caruth--1.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 328) 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. 379, Clarifying pharmacists and pharmacies as health care providers.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 379) 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. 382, Adjusting State Rail Authority's contract authority.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 382) 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 Com. Sub. for Senate Bill No. 404, Creating sesquicentennial commission and fund.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 404) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 404) takes effect from passage.
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. 453, Relating to Public Service Commission service of decisions.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 453) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 493, Transferring central registry for head injuries to Center for Excellence in Disabilities.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. S. B. No. 493) 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. 535, Authorizing municipalities and county commissions set closing time for certain bars.
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: Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, Fanning, Foster, Green, 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 and D. Facemire--2.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 535) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. House Bill No. 3083, Permitting blood donations by persons age sixteen with parental consent.
On third reading, coming up in regular order, was read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--32.
The nays were: None.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. H. B. No. 3083) passed.
On motion of Senator Kessler, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. House Bill No. 3083--A Bill to amend and reenact §16-21-1 of the Code of West Virginia, 1931, as amended, relating to donating blood by persons sixteen years of age with parental consent.
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. 153, Authorizing Department of Environmental Protection promulgate legislative rules.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 425, Disclosing certain refinanced loan's higher annual percentage rate.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 436, Updating terminology relating to surface mining reporting requirements.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 581, Permitting certain minor blood donations with parental consent.
On second reading, coming up in regular order, was reported by the Clerk.
On motion of Senator Chafin, the bill was recommitted to the Committee on the Judiciary.
Senate Bill No. 648, Requiring manual vote counting in certain counties.
On second reading, coming up in regular order, was read a second time.
On motion of Senator Barnes, the following amendment to the bill was reported by the Clerk and adopted:
On page five, section twenty-eight, lines seventy-two through seventy-four, by striking out the words "During the canvass the county commission shall select a precinct and manually count the voter-verified paper ballots." and inserting in lieu thereof the following: In each county there shall be a manual count of the voter-verified paper ballots cast in one precinct randomly selected from all precincts by a lottery process conducted by each county commission.
The bill (S. B. No. 648), as amended, was then ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 650, Increasing penalties for certain accessory after the fact crimes.
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. 55, Limiting Social Security number requirement in securing state services.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Eng. Com. Sub. for House Bill No. 2795, Creating a special hunting and fishing license for persons with a life-threatening condition who are under twenty-one years of age.
On first reading, coming up in regular order, was read a first time and ordered to second reading.
Pending announcement of meetings of standing committees of the Senate, including a majority party caucus,
On motion of Senator Chafin, the Senate recess until 5 p.m. today.
Upon expiration of the recess, the Senate reconvened.
The President then stated that the hour had arrived for the special order of business, as to
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 249, Relating to annual school calendar.
On third reading, and now coming up as a special order, was again reported by the Clerk.
At the request of Senator Plymale, unanimous consent was granted to offer amendments to the bill on third reading.
Thereupon, on motion of Senator Plymale, the following amendments to the bill were reported by the Clerk and considered simultaneously:
On page eight, section forty-five, by striking out all of subsection (d) and inserting in lieu thereof a new subsection (d), to read as follows:
(d) The instructional term shall begin so that students will receive two full weeks of instruction prior to Labor Day. The Legislature finds that finishing the first semester before Christmas break is beneficial to the education of students. Therefore, county boards are encouraged to schedule the first half of the instructional term to terminate on or before December 23.;
On page nine, section forty-five, lines one hundred twenty- five and one hundred twenty-six, by striking out the words "occurring during the minimum two hundred-day employment term";
On pages fifteen and sixteen, section forty-five, by striking out all of subsection (w) and inserting in lieu thereof the following:
(w) If an instructional day is cancelled before 4:30 a.m.:
(1) Except for any essential school personnel as determined by the county board and except for any school personnel whose normally scheduled work hours begin before 4:30 a.m., employees shall not report to work on that day;
(2) The day is not considered an instructional day;
(3) The day is considered an out-of-calendar day and is not considered part of the minimum two hundred-day employment term;
(4) The day shall be rescheduled as an instructional day on any available noninstructional day if any noninstructional days are available. If no noninstructional days are available, the day shall be rescheduled as an instructional day and as a day to be considered part of the minimum two hundred-day employment term on a later day that was not originally scheduled to be part of the minimum two hundred-day employment term ; and
(5) The school personnel who do not report to work on an instructional day cancelled before 4:30 a.m. pursuant to this subsection shall continue to be paid their normal rate of pay in accordance with the established pay period schedule.
(x) The beginning and ending dates of the minimum two hundred- day employment term may not exceed forty-three weeks.;
On page twenty-four, section five, after line one hundred sixty-nine, by striking out the remainder of the bill;
And,
By striking out the enacting section and inserting in lieu thereof a new enacting section, to read as follows:
That §18-5-45 of the Code of West Virginia, 1931, as amended, be amended and reenacted; and that §18-5A-5 of said code be amended and reenacted, all to read as follows:.
Following discussion,
The question being on the adoption of Senator Plymale's amendments to the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 249 ), the same was put and prevailed.
The bill, as just amended, was again ordered to engrossment.
Engrossed Committee Substitute for Committee Substitute for Senate Bill No. 249 was then read a third time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Laird--1.
Absent: K. Facemyer and Guills--2.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 249) passed.
On motion of Senator Plymale, the following amendment to the title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 249--A Bill to amend and reenact §18-5-45 of the Code of West Virginia, 1931, as amended; and to amend and reenact §18-5A-5 of said code, all relating to the annual school calendar; eliminating instructional support and enhancement days; replacing the earliest starting date and the latest ending date for the instructional term with the requirement that the instructional term begins so that students receive two full weeks of instruction prior to Labor Day; encouraging the first half of the instructional term to end on or before December 23; requiring at least three of certain noninstructional days be scheduled prior to the beginning of the instructional term; requiring all six out-of-school environment days be scheduled after February 1; changing the earliest dates a county can use noninstructional days and accrued instructional time to make up canceled instructional days; requiring uniform method of cancellation notification; providing that certain cancelled instructional days be considered out-of-calendar days and requiring those days to be rescheduled; applying the forty-three week limit on the beginning and ending dates of the minimum two hundred-day employment term to professional personnel and service personnel; and providing for faculty senate meetings during specified months.
Senator Chafin moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, Fanning, Foster, Green, Hall, Helmick, Jenkins, Kessler, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--31.
The nays were: Laird--1.
Absent: K. Facemyer and Guills--2.
So, two thirds of all the members elected to the Senate having voted in the affirmative, the President declared the bill (Eng. Com. Sub. for Com. Sub. for S. B. No. 249) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
The Senate proceeded to the eleventh order of business and the introduction of guests.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 56, Awarding National Board for Professional Teaching Standards salary bonus to certain teachers.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 56 (originating in the Committee on Finance)--A Bill to amend and reenact §18A-4-2a of the Code of West Virginia, 1931, as amended, relating to the salary bonus for National Board for Professional Teaching Standards certification; providing an exception if the certification is renewed to the ten- year limit for receiving the bonus; and providing that a classroom teacher holding the certification who subsequently becomes employed as a school principal, assistant school principal or in another position in an instructional leadership capacity receives the salary bonus.
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
Com. Sub. for Senate Bill No. 286 (originating in the Committee on Banking and Insurance), Expanding prepaid limited health service organizations services.
And reports back a committee substitute for same with the following title:
Com. Sub. for Com. Sub. for Senate Bill No. 286 (originating in the Committee on Finance)--A Bill to amend and reenact §33-25D-2 and §33-25D-22 of the Code of West Virginia, 1931, as amended, all relating to prepaid limited health service organizations; adding dental, vision, pharmaceutical and podiatric services to those services that may be offered by prepaid limited health service organizations; and authorizing legislative rulemaking.
With the recommendation that the committee substitute for committee substitute 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. 465, Clarifying certain Real Estate Division's powers.
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.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original triple committee reference, was then referred to the Committee on Finance.
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. 474, Modifying definitions of certain wells.
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,
Mike Green,
Chair.
The bill, under the original double committee reference, was then referred to the Committee on the Judiciary.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 502, Relating to Geographical Information System.
Senate Bill No. 726, Creating WV Service Members Civil Relief Act.
Senate Bill No. 744, Relating to child custody plans for National Guard or military reserve parents.
And,
Senate Bill No. 746, Prohibiting child custody plan modification due to military service.
And reports the same back with the recommendation that they each do pass; but under the original double committee references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being granted, the bills (S. B. Nos. 502, 726, 744 and 746) contained in the preceding report from the Committee on Military were each taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee references, were then referred to the Committee on the Judiciary.
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. 564, Relating to Department of Environmental Protection's final actions on coal mine permits.
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,
Mike Green,
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
Senate Bill No. 605, Providing tax credit for certain coal mine safety equipment purchase.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 605 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §22A-1-4 of the Code of West Virginia, 1931, as amended; to amend and reenact §22A-11-3 of said code; and to amend said code by adding thereto a new article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4, §11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11- 13AA-9, §11-13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13 and §11- 13AA-14, all relating to providing a tax credit for purchase of innovative mine safety technology; specifying short title; specifying legislative findings and purpose; specifying definitions; specifying requirements for list of approved innovative mine safety technology; specifying amount of tax credit allowed; specifying criteria for qualified investment; specifying forfeiture of unused tax credits; specifying treatment for transfer of certified eligible safety property to successors; setting forth requirements for identification of investment credit property; prescribing treatment for failure to keep records of certified eligible safety property; specifying tax credit review and accountability requirements; specifying requirement for disclosure of tax credits; authorizing issuance of rules; amending the duties of the Director of the West Virginia Office of Miners' Health, Safety and Training ; and amending the duties of the Mine Safety Technology Task Force.
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.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 605) contained in the preceding report from the Committee on the Judiciary was taken up for immediate consideration, read a first time, ordered to second reading and, under the original double committee reference, was then referred to the Committee on Finance.
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. 612, Relating to willful nonpayment of child support.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 612 (originating in the Committee on the Judiciary)--A Bill to amend and reenact §61-5-29 of the Code of West Virginia, 1931, as amended, relating generally to criminal enforcement for willful failure to pay child support.
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. 694, Creating intrastate mutual aid system.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 694 (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 §15-5-28, relating to mutual aid agreements; establishing a statewide intrastate mutual aid system; setting forth legislative findings; authorizing the Director of the Division of Homeland Security and Emergency Management to propose a statewide mutual aid agreement; establishing procedures to allow local jurisdictions to elect not to participate; establishing procedures to amend the mutual aid agreement; creating a Statewide Mutual Aid Committee; and establishing procedures for comment for changes to the agreement and the reenactment of the agreement.
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.
At the request of Senator Helmick, as chair of the Committee on Finance, unanimous consent was granted to dispense with the second committee reference of the bill contained in the foregoing report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being granted, the bill (Com. Sub. for S. B. No. 694) was taken up for immediate consideration, read a first time and ordered to second reading.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 756, Increasing military facilities security guards' patrol areas.
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 Government Organization.
Respectfully submitted,
Erik P. Wells,
Chair.
At the request of Senator Wells, unanimous consent being granted, the bill (S. B. No. 756) contained in the preceding report from the Committee on Military 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 Government Organization.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 759 (originating in the Committee on Military)--A Bill to amend and reenact §6-7-2a of the Code of West Virginia, 1931, as amended, relating to increasing the salary of the Adjutant General.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Erik P. Wells,
Chair.
On motion of Senator Wells, the bill (S. B. No. 759) contained in the foregoing report from the Committee on Military 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. 760 (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 §62-12-28, relating to authorizing the Supreme Court of Appeals to establish up to five pre-trial release programs throughout the state utilizing existing probation offices and day-report centers to reduce jail population while ensuring public safety.
And reports the same back with the recommendation that it do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 6, Requesting Joint Committee on Government and Finance study veterans' issues.
And,
Senate Concurrent Resolution No. 7, Requesting colleges and universities submit military- and veteran-friendly plans to Joint Committee on Government and Finance.
And reports the same back with the recommendation that they each be adopted; but under the original double committee references first be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolutions, under the original double committee references, were then referred to the Committee on Rules.
Senator Wells, from the Committee on Military, submitted the following report, which was received:
Your Committee on Military has had under consideration
Senate Concurrent Resolution No. 23, Requesting Division of Veterans Affairs name state veterans cemetery "The Donel Kinnard Veterans Cemetery".
And reports back a committee substitute for same as follows:
Com. Sub. for Senate Concurrent Resolution No. 23 (originating in the Committee on Military)-- Requesting the Division of Veterans Affairs name the West Virginia State Veterans Cemetery located in Kanawha County "THE DONEL KINNARD VETERANS CEMETERY".
Whereas, Donel Kinnard was born on April 5, 1936, in Logan; and
Whereas, Donel Kinnard was married to Rebecca McCann Kinnard; and
Whereas, Donel Kinnard retired with 22 years in military service, first in the United States Marine Corps and then in the United States Navy, where he served with UDT and SEALS teams; and
Whereas, Donel Kinnard was a recipient of the Navy Cross (the Navy's highest medal), seven Purple Hearts, the Bronze Star and many other medals, commendations and citations; and
Whereas, Donel Kinnard was the past state commander of the Veterans of Foreign Wars, past district commander of the VFW, past post commander of the VFW and past president of the Hurricane Lions Club; and
Whereas, Donel Kinnard was a member of the Legion of Valor, Military Order of the Purple Heart, Veterans of Foreign Wars, American Legion, Disabled American Veterans, UDT-SEAL Association, Fleet Reserve Association, Marine Corps League, Vietnam Veterans of America and the Military Order of the Cootie; and
Whereas, Donel Kinnard played an instrumental role in establishing a 120-bed, $32 million nursing facility in Clarksburg; and
Whereas, Donel Kinnard served as chairman of the West Virginia Veterans Council, chairman of the West Virginia Veterans Nursing Home Committee and chairman of the West Virginia Veterans Cemetery; and
Whereas, Donel Kinnard asked that his final resting place be the West Virginia State Veterans Cemetery located in Kanawha County; and
Whereas, Donel Kinnard died on February 14, 2009; therefore, be it
Resolved by the Legislature of West Virginia:
That the Division of Veterans Affairs is hereby requested to name the West Virginia State Veterans Cemetery located in Kanawha County "THE DONEL KINNARD VETERANS CEMETERY"; and, be it
Further Resolved, That the Clerk of the Senate is hereby directed to forward a copy of this resolution to the Director of the Division of Veterans Affairs; the Secretary of Military Affairs and Public Safety; Donel Kinnard's wife, Rebecca McCann Kinnard; his daughter, Theresa Johnson of Austin, Texas; his son, Donel Kinnard and his wife Tammy Kinnard of Milford, Ohio; his son, Mike Kinnard and his wife Lina Kinnard of Milton; his daughter, Melissa Kay Cliver and her husband Tim Cliver of San Antonio, Texas; his daughter, Petra Kresse and her husband Bob Kresse of Virginia Beach, Virginia; his daughter, Kimberly Tapia and her husband Ted Tapia of Longmont, Colorado; his stepson, Larry Stamm and his wife Laurene Stamm of Mooresville, North Carolina; his stepson, Wade Stamm of Huntersville, North Carolina; his stepdaughter, Alandra Warner and her husband John Warner of Mooresville, North Carolina; his stepson, Ryan Stamm and his wife Louisa Stamm of Cornelius, North Carolina; his brother, Ben Kinnard of Wood River, Illinois; his sister, Emma Robison of Palm Bay, Florida; and his sister, Lona Hayes and her husband Pete Hayes of Milton.
With the recommendation that the committee substitute be adopted.
Respectfully submitted,
Erik P. Wells,
Chair.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Kessler.
Thereafter, at the request of Senator Bowman, and by unanimous consent, the remarks by Senator Kessler were ordered printed in the Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Fanning, unanimous consent being granted, it was ordered that the Journal show had Senator Fanning been present in the chamber on yesterday, Tuesday, March 24, 2009, he would have voted "yea" on the passage of Engrossed Committee Substitute for Senate Bill No. 244, Engrossed Senate Bill No. 399, Engrossed Senate Bill No. 424, Engrossed Senate Bill No. 464, Engrossed Senate Bill No. 468, Engrossed Committee Substitute for Senate Bill No. 489, Engrossed Senate Bill No. 494 and Engrossed Senate Bill No. 528.
On motion of Senator Chafin, leaves of absence for the day were granted Senators K. Facemyer and Guills.
Pending announcement of meetings of standing committees of the Senate,
On motion of Senator Chafin, the Senate adjourned until tomorrow, Thursday, March 26, 2009, at 11 a.m.
____________

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