sdj-56th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
FIFTY-SIXTH DAY
____________
Charleston, W. Va., Tuesday, April 7, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Leanne Dotson of Bridgeport, West Virginia, proceeded in the
singing of "Somebody's Praying" and "The West Virginia Hills".
Pending the reading of the Journal of Monday, April 6, 2009,
On motion of Senator D. Facemire, the Journal was approved and
the further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage, to take effect from
passage, of
Eng. Com. Sub. for Senate Bill No. 259, Clarifying certain
terminology within Courthouse Facilities Improvement Authority.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 284, Relating to Viatical
Settlements Act.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
On page five, section three, lines seventy-three and seventy-
four, by striking out the words "$20,000 and $100,000" and
inserting in lieu thereof the words "$100,000 and $300,000";
And,
Eng. Com. Sub. for Senate Bill No. 284--A Bill to amend and
reenact §33-13C-3 and §33-13C-16 of the Code of West Virginia,
1931, as amended, all relating to viatical settlements; adding
alternative means for satisfying financial requirements for the
licensing of viatical settlement providers and brokers; and making
criminal provisions applicable to any person violating the Viatical
Settlements Act.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 284, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 284) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Senate Bill No. 445, Removing conservation supervisors'
election certification requirements.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §19-21A-6 and §19-21A-7 of the Code of West Virginia,
1931, as amended, be amended and reenacted, all to read as follows:
ARTICLE 21A. CONSERVATION DISTRICTS.
§19-21A-6. Election of supervisors for each district; filling
vacancies.
(a)
Beginning with the 2008 general election each Each county
in a district shall elect two nonpartisan supervisors:
Provided,
That any county with a population of one hundred thousand based on
the most recent decennial census shall elect one additional
supervisor and any county with a population over one hundred
thousand based on the most recent decennial census shall elect one
additional supervisor for each fifty thousand residents over one
hundred thousand.
(b) A candidate for supervisor shall own land in the district
and have the education, training or experience necessary to carry
out the duties required by this article and rules promulgated
thereunder. A candidate shall file with the committee a sworn
written statement specifying that he or she meets the requirements
of office. A candidate may not be placed on the ballot or be seated
as a supervisor unless he or she meets the requirements.
(c) The committee shall provide a list of qualified candidates
to the Secretary of State no less than ninety days prior to any
election for supervisor in the manner specified by the Secretary.
(d) No nominating petition may be accepted by the committee
unless it is subscribed by twenty-five or more owners of lands
lying within the boundaries of the district and within the
boundaries of the county in which the candidate resides. Landowners
in the district may sign more than one nominating petition to
nominate more than one candidate for supervisor.
(e) (b) All registered voters in the district are eligible to
vote in the election for candidates from the county within the boundaries of the district in which the voter resides. The
candidates in each county who receive the largest number of votes
cast in the election shall be elected supervisors for that county.
(f) (c) Supervisors shall be elected in the general election
to be conducted in the year 2008 as nonpartisan candidates.
Thereafter After that, supervisors shall be elected in the primary
election. The term of office for the candidate for supervisor
receiving the highest number of votes in the general election of
2008
shall be for is four years; the candidate for supervisor
receiving the second highest number of votes in the general
election of 2008
shall be for is two years. In counties where more
than two supervisors are elected in the general election of 2008,
the two supervisors receiving the highest number of votes
shall
serve for four years and the remaining supervisor or supervisors
shall serve for two years.
Subsequent terms Terms of office for
supervisors elected
thereafter shall be for after that are four
years. The provisions of chapter three of this code
shall apply to
election of supervisors.
(g) (d) Persons
currently holding the position of supervisor,
shall regardless of the expiration of the
currently designated term
of office, continue to serve until the election and qualification
of his or her successor.
(h) (e) Any vacancy occurring in the office of supervisor
shall be filled by the committee by appointment of a person from
the county in which the vacancy occurs. Within fifteen days after
the vacancy occurs, the district shall submit a list of names of persons qualified to be a supervisor. If the unexpired term is for
less than two years and two months, the appointed person
shall hold
holds office until the expiration of the term. If the unexpired
term is for more than two years and two months, the appointed
person
shall hold holds the office until a successor is elected in
the next primary or general election and qualified.
§19-21A-7. Supervisors to constitute governing body of district;
qualifications and terms of supervisors; powers and duties.
(a) The governing body of the district consists of the
supervisors, appointed or elected, as provided in this article. The
supervisors shall be
persons who are by training and experience
qualified to perform the specialized skilled services which are
required of them in the performance of their duties under this
section and shall be legal residents
and landowners in the
district.
(b) The supervisors shall designate a chairperson and may,
from time to time, change the designation. On and after the
election of supervisors in 2008, the term of office of each elected
supervisor is four years. A supervisor holds office until his or
her successor has been elected or appointed. In case a new county
is added to a district, the committee may appoint two supervisors
to represent the county until the next regular election of
supervisors for the district takes place.
(c) A supervisor is entitled to reasonable and necessary
expenses and a per diem of not more than $150 nor less than $30
when engaged in the performance of his or her duties. The expense and per diem rate shall be established by the state committee based
on availability of funds.
(d) The supervisors may, with the approval of the State
Conservation Committee, employ a secretary, dam monitors, technical
experts and any other officers, agents and employees, permanent and
temporary, either with or without compensation, as they may require
and shall determine their qualifications, duties and compensation,
if any. Dam monitors, as specified in any emergency action plan or
monitoring plan approved by the Department of Environmental
Protection pursuant to its dam safety rules, pertaining to a flood
control structure operated or maintained by a soil conservation
district and any other employees, agents or officers employed
pursuant to this section are "employees" of the district within the
meaning of subsection (a), section three, article twelve-a, chapter
twenty-nine of this code.
(e) The supervisors may delegate to their chairperson, to one
or more supervisors or to one or more agents, or employees, those
administrative powers and duties they consider proper. The
supervisors shall furnish to the State Conservation Committee, upon
request, copies of the ordinances, rules, orders, contracts, forms
and other documents they adopt or employ and any other information
concerning their activities required in the performance of State
Conservation Committee's duties under this article.
(f) The supervisors shall:
(1) Require the execution of surety bonds for all employees
and officers who are entrusted with funds or property;
(2) Provide for the keeping of a full and accurate record of
all proceedings and of all resolutions, rules and orders issued or
adopted; and
(3) Provide for an annual audit of the accounts of receipts
and disbursements.
(g) Any supervisor may be removed by the State Conservation
Committee upon notice and hearing for neglect of duty or
malfeasance in office, but for no other reason.
(h) The supervisors may invite the legislative body of any
municipality or county located near the territory comprised within
the district to designate a representative to advise and consult
with the supervisors of a district on all questions of program and
policy which may affect the property, water supply or other
interests of the municipality or county.;
And,
Eng. Senate Bill No. 445--A Bill to amend and reenact
§19-21A-6 and §19-21A-7 of the Code of West Virginia, 1931, as
amended, relating to removing certain requirements and the
certification requirements for election of conservation
supervisors.
On motion of Senator Chafin, the Senate refused to concur in
the foregoing House amendments to the bill (Eng. S. B. No. 445) and
requested the House of Delegates to recede therefrom.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
A message from The Clerk of the House of Delegates announced the amendment by that body, passage as amended, and requested the
concurrence of the Senate in the House of Delegates amendment, as
to
Eng. Senate Bill No. 473, Clarifying civil service job posting
provisions.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking everything after the enacting section and
inserting in lieu thereof the following:
(a) Whenever a job opening occurs within the classified
service, the appointing authority shall, in addition to any other
requirement of law or regulation for the posting of job opening
notices, at least ten
working days before making an appointment to
fill the job opening, post a notice within the building or facility
where the duties of the job will be performed and throughout the
agency, which notice states that a job opening has occurred and
describes the duties to be performed by a person employed in that
position.
(b) If an individual selected for a posted vacancy within the
first ten work days of employment: (1) Refuses the offer of
employment; (2) fails to report to work; or (3) resigns or
otherwise separates from employment, the appointing authority is
not required to repost the vacancy prior to another appointment to
the position if the appointment is made within thirty days and the selection is made from the pool of eligible applicants from which
the first employee was hired.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Senate Bill No. 473, as amended by the House of
Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 473) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 487, Relating to Division of Personnel
Director's qualifications.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended, to take effect from
passage, and requested the concurrence of the Senate in the House of Delegates amendment, as to
Eng. Com. Sub. for Senate Bill No. 526, Relating to osteopathy
post-doctoral training requirements.
On motion of Senator Chafin, the message on the bill was taken
up for immediate consideration.
The following House of Delegates amendment to the bill was
reported by the Clerk:
By striking out the enacting section and inserting in lieu
thereof a new enacting section, to read as follows:
That §30-14-1, §30-14-2, §30-14-4, §30-14-5, §30-14-6 and
§30-14-10 of the Code of West Virginia, 1931, as amended, be
amended and reenacted, all to read as follows:.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendment to the bill.
Engrossed Committee Substitute for Senate Bill No. 526, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. Com. Sub. for S. B. No. 526) 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, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 526) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 572, Repealing section creating Public
Employee Leave Benefit Analysis Board.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 587, Repealing section creating State
Personnel Advisory Council.
A message from The Clerk of the House of Delegates announced
the concurrence by that body in the passage of
Eng. Senate Bill No. 588, Repealing section creating Public Insurance Agency Advisory Board.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 45--Requesting the Division of
Highways name the 36th Street Bridge, Charleston, West Virginia,
otherwise identified as bridge 20-60/20-0.14, number 2565, as the
"Bob Basil Memorial Bridge".
Referred to the Committee on Transportation and
Infrastructure.
A message from The Clerk of the House of Delegates announced
the adoption by that body and requested the concurrence of the
Senate in the adoption of
House Concurrent Resolution No. 57--Requesting the Governor
adopt a "West Virginia Coal Miner Appreciation Day" in the State of
West Virginia.
Referred to the Committee on Rules
.
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
Eng. Com. Sub. for House Bill No. 2464, Authorizing county
commissions to designate locations for early voting other than the
county courthouse or annex.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2464) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Eng. Com. Sub. for House Bill No. 3063, Relating to hunting,
tagging and reporting bear.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
John Pat Fanning,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3134, Municipal vote by mail
pilot program.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3134) 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 Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Eng. Com. Sub. for House Bill No. 3158, Providing assistance
to certain political subdivision activities involving municipal
policemen's and firemen's pensions and relief systems and volunteer
fire departments.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee reference
first be referred to the Committee on Finance.
Respectfully submitted,
Dan Foster,
Chair.
At the request of Senator Foster, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3158) contained in the preceding report from the Committee on Pensions was taken up
for immediate consideration, read a first time, ordered to second
reading and, under the original double committee reference, was
then referred to the Committee on Finance, with amendments from the
Committee on Pensions pending.
The Senate proceeded to the sixth order of business.
Senators Foster, Palumbo, Laird, Plymale and Wells offered the
following resolution:
Senate Concurrent Resolution No. 61--
Requesting the Joint
Committee on Government and Finance study the results of the Racial
Profiling Data Collection Act.
Whereas, The West Virginia Legislature adopted the Racial
Profiling Data Collection Act during its 2004 regular session; and
Whereas, Legislative rules governing the study were adopted in
2006 and the study itself was conducted between April, 2007, and
September, 2008; and
Whereas, Information based on over 300,000 traffic stops by
city police, sheriff's deputies and state troopers throughout West
Virginia has shown that African-American and Hispanic motorists on
West Virginia highways are proportionately more likely to be
stopped and searched than caucasian drivers; and
Whereas, This matter should be studied from several different
perspectives, including, but not limited to:
(1) The negative impact racial profiling has on the
credibility of law enforcement within minority communities; and
(2) Further investigation with the results of the study to determine why a disproportionate percentage of roadside searches
conducted produced no incriminating contraband; and
(3) The negative impact racial profiling has on the image of
West Virginia and that of its political subdivisions; and
(4) The position of the Legislature to raise awareness about
racial profiling and the rights of motorists in regard to being
stopped and searched on West Virginia highways; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the results of the Racial Profiling Data
Collection Act; 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 Wells, Palumbo, Jenkins, Williams, Stollings, Laird,
Oliverio, Plymale and Minard offered the following resolution:
Senate Resolution No. 53--Recognizing the West Virginia
National Guard for its service, dedication and commitment.
Whereas, The West Virginia National Guard has a long and storied tradition as a community-based defense force dating back to
formation of the first militia company in what is now Berkeley
County; and
Whereas, The West Virginia National Guard's 201st Field
Artillery Battalion is recognized by the United States Army
Institute of Heraldry as the oldest unit in the Army with
continuous active service since the 17th of February 1735; and
Whereas, The West Virginia National Guard encompasses nearly
7,000 soldiers and airmen in more than 30 units throughout West
Virginia; and
Whereas, The West Virginia National Guard is a battle-tested
organization, having deployed every unit and more than 8,000 Guard
members since September 11, 2001, to defend freedom and spread
democracy around the world; and
Whereas, The West Virginia National Guard has been called to
state active duty for FEMA-declared disasters more than 60 times
since 1995 to help West Virginia citizens affected by natural
disasters; and
Whereas, The West Virginia National Guard plays a vital role
in defending the homeland by deploying specialized weapons of mass
destruction teams; assisting in vulnerability assessments on the
nation's critical infrastructure; and managing unique training
venues for military and civilian first responders; and
Whereas, The West Virginia National Guard is committed to the
state's economic development by creating job opportunities for
state citizens to work on national-level military programs while raising their families right here in West Virginia; therefore, be
it
Resolved by the Senate:
That the Senate hereby recognizes the West Virginia National
Guard for its service, dedication and commitment; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the West Virginia National Guard.
At the request of Senator Wells, 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, at
the request of Senator Chafin, and by unanimous consent, returned
to the fourth order of business.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Concurrent Resolution No. 62 (originating in the
Committee on Finance)--Requesting the Joint Committee on Government
and Finance study the tax structure, including payments in lieu of
taxes, in the State of West Virginia, including a comparison of all
tax relief for corporations, whether situated within the state or
not, against tax relief for individuals at this time of economic
recession.
Whereas, Nearly all of the state's general revenue budget comes from taxes collected; and
Whereas, West Virginia, like the rest the nation, is
experiencing budget shortfalls; and
Whereas, In this time of economic recession, individuals and
businesses alike are finding it more difficult to meet the tax
burdens imposed upon them; and
Whereas, It is critical to assess the burden of taxes by the
State of West Virginia upon its citizens as compared to the
economic impact that any reduction in tax revenue would have on our
economic prosperity and security; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the tax structure, including payments in lieu of
taxes, in the State of West Virginia, including a comparison of all
tax relief for corporations, whether situated within the state or
not, against tax relief for individuals at this time of economic
recession; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Walt Helmick,
Chair.
Senator Chafin announced that in the meeting of the Committee
on Rules previously held, the committee, in accordance with rule
number seventeen of the Rules of the Senate, had removed from the
Senate third reading calendar, Engrossed House Bill No. 2651,
Engrossed Committee Substitute for House Bill No. 2660 and
Engrossed Committee Substitute for House Bill No. 2742.
Senator Chafin also announced that in the same meeting, the
Committee on Rules had returned to the Senate calendar, on second
reading, Engrossed House Bill No. 2734, under rule number seventeen
of the Rules of the Senate.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 4, Requesting Joint Committee
on Government and Finance study gray energy research benefits.
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. 5, Requesting Joint Committee
on Government and Finance study deer/vehicle collision.
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. 21, Requesting Joint
Committee on Government and Finance study reclassifying counties.
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.
Com. Sub. for Senate Concurrent Resolution No. 24, Requesting
Joint Committee on Government and Finance study implementing
year-round school.
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. 31, Requesting Joint
Committee on Government and Finance study mountaintop removal site
uses.
On unfinished business, coming up in regular order, was
reported by the Clerk.
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. 36, Requesting Joint
Committee on Government and Finance create joint interim committee
to study various higher education personnel administration and
flexibility issues.
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. 49, Requesting Joint
Committee on Government and Finance study benefits of establishing
charter schools.
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. 53, Requesting Joint Committee on Government and Finance study State Rail Plan.
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. 54, Requesting Joint
Committee on Government and Finance study green initiatives.
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. 55, Requesting Joint
Committee on Government and Finance study regulating railroad
walkways.
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. 56, Requesting Joint
Committee on Government and Finance study grant funding received by state institutions of higher education.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Education;
and then to the Committee on Rules.
Senate Concurrent Resolution No. 57, Requesting Joint
Committee on Government and Finance study proposed new state
business and occupation tax on high-voltage electric power
transmission lines.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Edgell, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 58, Requesting Joint
Committee on Government and Finance study repealing nuclear power
plant construction ban.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Edgell, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 59, Requesting Joint
Committee on Government and Finance study improving and updating
severance tax on natural gas and oil.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Edgell, the resolution was referred to
the Committee on Rules.
Senate Concurrent Resolution No. 60, Requesting Joint
Committee on Government and Finance study grants through Economic
Development Grant Committee.
On unfinished business, coming up in regular order, was
reported by the Clerk.
On motion of Senator Edgell, the resolution was referred to
the Committee on Rules.
House Concurrent Resolution No. 27, The "Eugene Collins
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.
House Concurrent Resolution No. 38, The "Bob W. Bellomy
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.
The Senate proceeded to the eighth order of business.
Eng. House Bill No. 2069, Increasing the faculty senate
allotment for classroom teachers and librarians.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2069) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. House Bill No. 2069--A Bill to amend and reenact §18-5A-5
of the Code of West Virginia, 1931, as amended, relating to public
school faculty senates; increasing the faculty senate allotment for
classroom teachers and librarians from $50 to at least $100; and
providing a two-hour block of time for a faculty senate meeting
during an instructional day in each of certain months.
Senator Edgell moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2069) takes effect July 1, 2009.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2225, Authorizing the
Department of Education and the Arts to Promulgate Legislative
Rules.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2225) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2225) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2305, Revising appointment
and compensation provisions of the Supreme Court Clerk and his or
her staff.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2305) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2404, Relating to inmate reimbursement for
medical services provided to persons held in regional jails.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2404) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. House Bill No. 2404--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §31-20-5f, relating to inmate reimbursement to the
authority for medical services provided to persons held in regional jails; providing exceptions for reimbursement for medical services;
and providing authority for rulemaking.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 2474, Exempting land-based finfish
aquaculture facilities from certain sludge management 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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2474) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. House Bill No. 2651, Repealing article regulating male
breeding animals.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. House Bill No. 2652, Repealing the Tree Fruit Industry Self-Improvement Act of 1984.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 2652) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2660, Expanding the
definition of limited health care service.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2702, Relating to the Deputy
Sheriff Retirement System Act.
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, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2702) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2703, Relating to the State
Teachers Retirement System.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2703) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 2738, Registering protective
orders with the West Virginia Supreme Court of Appeals.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2738) passed.
The following amendment to the title of the bill, from the
Committee on the Judiciary, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2738--A Bill to amend and
reenact §48-27-402 of the Code of West Virginia, 1931, as amended;
that §48-28-5 of said code be amended and reenacted; and that §51-
1-21 of said code be amended and reenacted, all relating generally
to registering protective orders with the West Virginia Supreme
Court of Appeals.
Ordered, That The Clerk communicate to the House of Delegates the action of the Senate and request concurrence therein.
Eng. Com. Sub. for House Bill No. 2742, Repealing outdated
provisions from the WV Code relating to vinegars.
Having been removed from the Senate third reading calendar in
earlier proceedings today, no further action thereon was taken.
Eng. Com. Sub. for House Bill No. 2757, Relating to financial
audits of insurers.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 2757) 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. 3066, Clarifying the supervision
requirements for elevator apprentices under elevator safety.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3066) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3076, Relating to the
regulation and operation of cranes.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3076) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3082, Relating to the
gathering and reporting of foreclosure data and statistics.
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, Deem, Edgell, D. Facemire, K. Facemyer, Fanning, Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--31.
The nays were: Barnes and Caruth--2.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3082) 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. 3189, Adding members to the Capitol
Building 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, Caruth, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3189) passed with its title.
Senator Edgell moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3189) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
Eng. Com. Sub. for House Bill No. 3208, Including the hours of
training county board members have acquired.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for H. B. No. 3208) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 3208--A Bill to amend and
reenact §18-2E-4 of the Code of West Virginia, 1931, as amended; to
amend and reenact §18-4-1 and §18-4-4 of said code; and to amend
and reenact §18-5-1a of said code, all relating to reporting hours
of certain training received by county board members on county
report card; clarifying eligibility for county board of education
generally; providing for appointment and term of interim county
superintendents to fill vacancies; providing for appointment and
terms of acting county superintendents under certain circumstances;
requiring certification to state superintendent of certain
appointments, reappointments and appointment terminations; modifying deadline for setting annual compensation of county
superintendents; establishing county board member training
standards review committee; providing for member appointments,
duties and certain expenses under certain circumstances; clarifying
eligibility requirements for candidates, members and members-elect
of county boards of education; prohibiting certain political
activities and clarifying which political activities are
permissible; removing certain duty of state board of education
regarding members of county boards of education; making technical
clarifications of current law; authorizing candidates for county
boards of education to hold public office until taking the oath of
office as members of county boards; adding definition of neglect of
duty; making other technical changes; and clarifying terms.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. House Bill No. 3229, Relating to creation of the Science
and Research Council.
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, Deem, Edgell, D. Facemire, K. Facemyer,
Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. H.
B. No. 3229) passed.
The following amendment to the title of the bill, from the
Committee on Education, was reported by the Clerk and adopted:
Eng. House Bill No. 3229--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18B-18B-1 and 18B-18B-2, all relating to creation of
the Science and Research Council; establishing purposes; providing
for membership appointments, qualifications, and terms of office;
providing that the council replaces the EPSCoR Advisory Council;
requiring development of a strategic state plan for science and
technology research; and requiring annual reports to the
Legislative Oversight Commission on Education Accountability.
Senator Edgell moved that the bill take effect July 1, 2009.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, Caruth, Deem, Edgell, D. Facemire, K. Facemyer, Fanning,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird,
McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--33.
The nays were: None.
Absent: Chafin--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. H. B. No. 3229) 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 ninth order of business.
Eng. Com. Sub. for House Bill No. 2218, Authorizing the
Department of Transportation to promulgate legislative rules.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
On page five, section two, after line fifteen, by striking out
the remainder of the bill and inserting in lieu thereof the
following:
On page two, following "2.25" by striking out the words "off
premise";
On page two, following subsection 2.25, by inserting the
following:
2.25.a. An off-premise CMS may not include moving video or
scrolling messages. Off-premise CMS must comply with all
requirements for off-premise signs generally.
2.25.b. An on-premise CMS may scroll or change message
content, but may not contain flashing images. On-Premise CMS must
comply with all requirements for on-premise signs generally.
2.25.c. No CMS sign, display or device, whether on-premise or
off premise, may be illuminated by any rapid flashing intermittent
light or lights.;
On page fourteen, paragraph 7.4.c.1. following the word
"Division." by inserting the following:
With the prior written approval of the Commissioner of
Highways, a county commission may enact and enforce outdoor
advertising ordinances which place limitations or restrictions on
outdoor advertising signs, displays or devices which are in
addition to or more restrictive than the limitations or
restrictions provided by the Commissioner of Highways.;
On page eighteen, paragraph 7.8.d.2., following the word "No"
by inserting the words "off-premise";
On page eighteen, paragraph 7.8.d.4., following the word "No"
by inserting the words "off-premise";
On page eighteen, following "7.8.e.1.", by inserting the words
"Off-premise";
On page eighteen, paragraph 7.8.e.1., following the word "No"
by inserting the words "off-premise";
On page eighteen, following "7.8.e.2.", by inserting the words
"Off-premise";
On page eighteen, following "7.8.e.3.", by inserting the words
"Off-premise";
On page eighteen, paragraph 7.8.e.3., following the word
"another" by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.4., following the words "may
be modified to" by striking out the word "a", and inserting in lieu
thereof the words "an off-premise";
On page nineteen, paragraph 7.8.e.4., following the word "with" by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.4., following the words "may
not be modified to" by striking out the word "a" and inserting in
lieu thereof the words "an off-premise";
On page nineteen, following "7.8.e.7.", by inserting the words
"Off-premise";
On page nineteen, following "7.8.e.8.", by inserting the words
"Off-premise";
On page nineteen, paragraph 7.8.e.8., following the word
"way." by inserting the words "Off-premise";
On page nineteen, paragraph 7.8.e.9., following the word "on"
by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.10., following the words
"revised to" by striking out the word "a" and inserting the words
"an off-premise";
On page nineteen, paragraph 7.8.e.10., following the words
"become" by striking out the word "a" and inserting the words "an
off-premise";
On page nineteen, paragraph 7.8.e.10., following the word "No"
by inserting the words "off-premise";
On page nineteen, paragraph 7.8.e.11., following the word "No"
by inserting the words "off-premise";
On page twenty, paragraph 7.9.d.8., by striking out the word
"chapter" and inserting in lieu thereof the word "rule";
On page twenty, by striking out paragraph 7.9.d.9. in its
entirety;
On pages twenty and twenty-one, by striking out subparagraph
7.9.d.9.A. in its entirety;
On page twenty-five, subparagraph 7.15.d.4.D, following the
word "any" by inserting the word "rapid";
On page twenty-five, subparagraph 7.15.d.4.D, following the
word "flashing" by striking out the words "intermittent or moving";
On page twenty-five, by striking out subparagraph 7.15.d.4.E.
in its entirety and relettering the remaining subparagraphs;
On pages thirty-one and thirty-two, by striking out
subdivision 9.5.h. in its entirety and inserting in lieu thereof a
new subdivision, designated 9.5.h., to read as follows:
9.5.h. If an application for a roadside memorial sign is
granted, the Commissioner shall so inform the applicant in writing.
Upon the receipt of a non-refundable payment of two hundred dollars
($200), the Division shall procure and install the sign and shall
notify the applicant in writing when the sign has been installed.;
On page thirty-two, by striking out subdivision 9.5.i. in its
entirety and inserting in lieu thereof a new subdivision,
designated 9.5.i., to read as follows:
9.5.i. The initial payment of two hundred dollars ($200)
shall compensate the Division for its review of the application,
the installation of the roadside memorial sign and its maintenance
for a period of three years from the date of installation. The
applicant may make a second, optional payment of two hundred
dollars ($200) to extend the display and maintenance of the sign
for one additional three-year period The Division will repair or replace the sign at its election, once during each three year
period if damaged or destroyed. At the end of the initial or
renewal period, whichever come later, the sign will be removed and
offered to the applicant(s).;
And,
On page thirty-two, by striking out subdivision 9.5.j. in its
entirety and inserting in lieu thereof a new subdivision,
designated 9.5.j., to read as follows:
9.5.j. If at any time during the application and fabrication
process another member of the victim's immediate family objects to
the sign, the process shall be halted and the application, the two
hundred dollar ($200) fee, and the related documentation shall be
returned to the applicant. If the sign has been installed, the
Division shall remove it and furnish it to the applicant, and the
Division shall retain the two hundred dollar ($200) fee.
The bill (Eng. Com. Sub. for H. B. No. 2218), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2222, Authorizing the
Department of Military Affairs and Public Safety to promulgate
legislative rules.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2407, Relating to trustee
accounts and funds, earnings and personal property of inmates.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2569, Creating the Juvenile
Services Reimbursement Offender Fund.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2684, West Virginia Drug
Offender Accountability and Treatment Act.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the
Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
CHAPTER 61. CRIMES AND THEIR PUNISHMENT.
ARTICLE 11. GENERAL PROVISIONS CONCERNING CRIMES.
§61-11-22. Pretrial diversion agreements; conditions; drug court
programs.
(a) A prosecuting attorney of any county of this state or a
person acting as a special prosecutor may enter into a pretrial
diversion agreement with a person under investigation or charged
with an offense against the state of West Virginia, when he or she
considers it to be in the interests of justice. The agreement is
to be in writing and is to be executed in the presence of the
person's attorney, unless the person has executed a waiver of
counsel.
(b) Any agreement entered into pursuant to the provisions of
subsection (a) of this section may not exceed twenty-four months in duration. The duration of the agreement must be specified in the
agreement. The terms of any agreement entered into pursuant to the
provisions of this section may include conditions similar to those
set forth in section nine, article twelve, chapter sixty-two of
this code relating to conditions of probation. The agreement may
require supervision by a probation officer of the circuit court,
with the consent of the court. An agreement entered into pursuant
to this section must include a provision that the applicable
statute of limitations be tolled for the period of the agreement.
(c) A person who has entered into an agreement for pretrial
diversion with a prosecuting attorney and who has successfully
complied with the terms of the agreement is not subject to
prosecution for the offense or offenses described in the agreement
or for the underlying conduct or transaction constituting the
offense or offenses described in the agreement, unless the
agreement includes a provision that upon compliance the person
agrees to plead guilty or nolo contendere to a specific related
offense, with or without a specific sentencing recommendation by
the prosecuting attorney.
(d) No person charged with a violation of the provisions of
section two, article five, chapter seventeen-c of this code may
participate in a pretrial diversion program. No person charged
with a violation of the provisions of section twenty-eight, article
two of this chapter may participate in a pretrial diversion program
unless the program is part of a community corrections program
approved pursuant to the provisions of article eleven-c, chapter sixty-two of this code. No person indicted for a felony crime of
violence against the person where the alleged victim is a family or
household member as defined in
48-27-203 section two hundred three,
article twenty-seven, chapter forty-eight of this code or indicted
for a violation of the provisions of sections three, four or seven,
article eight-b of this chapter is eligible to participate in a
pretrial diversion program. No defendant charged with a violation
of the provisions of section twenty-eight, article two of this
chapter or subsections (b) or (c), section nine, article two of
this chapter where the alleged victim is a family or household
member is eligible for pretrial diversion programs if he or she has
a prior conviction for the offense charged or if he or she has
previously been granted a period of pretrial diversion pursuant to
this section for the offense charged. Notwithstanding any
provision of this code to the contrary, defendants charged with
violations of the provisions of section twenty-eight, article two,
chapter sixty-one of this code or the provisions of subsection (b)
or (c), section nine, article two of said chapter where the alleged
victim is a family or household member as defined by the provisions
of
48-27-203 section two hundred three, article twenty-seven,
chapter forty-eight of this code are ineligible for participation
in a pretrial diversion program before the
first day of July, two
thousand two July 1, 2002, and before the community corrections
subcommittee of the Governor's Committee on Crime, Delinquency and
Correction established pursuant to the provisions of section two,
article eleven-c, chapter sixty-two of this code, in consultation with the working group of the subcommittee, has approved guidelines
for a safe and effective program for diverting defendants charged
with domestic violence.
(e) The provisions of section twenty-five of this article are
inapplicable to defendants participating in pretrial diversion
programs who are charged with a violation of the provisions of
section twenty-eight, article two, chapter sixty-one of this code.
The community corrections subcommittee of the Governor's Committee
on Crime, Delinquency and Correction established pursuant to the
provisions of section two, article eleven-c, chapter sixty-two of
this code shall, upon approving any program of pretrial diversion
for persons charged with violations of the provisions of section
twenty-eight, article two, chapter sixty-one of this code,
establish and maintain a central registry of the participants in
the programs which may be accessed by judicial officers and court
personnel.
(f)(1) The chief judge of a circuit court in cooperation with
the prosecuting attorneys, the public defenders, if any, in the
circuit, and the community criminal justice board if the program is
to be operated pursuant to the provisions of article eleven-c,
chapter sixty-two of this code may establish and operate a drug
court program as a diversion program or an alternative sentencing
program, or both, to address offenses that stem from substance use
or abuse.
(2) For the purposes of this section, "drug court program"
means a program designed to achieve a reduction in recidivism and substance abuse among nonviolent, substance abusing offenders by
increasing their likelihood for successful rehabilitation through
early, continuous, and intense supervised treatment, mandatory
periodic drug testing and the use of appropriate sanctions and
other rehabilitation services.
(3) A drug court program is to provide, at a minimum:
(A) For successful completion of a diversion or plea agreement
in lieu of incarceration;
(B) Access by all participating parties of a case to
information on the offender's progress;
(C) Vigilant supervision and monitoring procedures;
(D) Random substance abuse testing;
(E) Provisions for dealing with noncompliance, modification of
the treatment plan, and revocation proceedings;
(F) For its operation only when appropriate facilities and
outpatient services are available; and
(G) For payment of court costs, treatment costs, supervision
fees, and program user fees by the offender, unless payment of the
costs and fees would impose an undue hardship.
(4) An offender is eligible for a drug court program only if:
(A) The underlying offense does not involve a felony crime of
violence, unless there is a specific treatment program available
designed to address violent offenders;
(B) The offender has no prior felony conviction in this state
or another state for a felony crime of violence; and
(C) The offender admits to having a substance abuse addiction.
(5) The court may provide additional eligibility criteria it
considers appropriate.
CHAPTER 62. CRIMINAL PROCEDURE.
ARTICLE 15. DRUG OFFENDER ACCOUNTABILITY AND TREATMENT ACT.
§62-15-1. Short Title.
This article shall be known and may be cited as the "West
Virginia Drug Offender Accountability and Treatment Act".
§62-15-2. Definitions.
For the purposes of this article:
(1) "Assessment" means a diagnostic evaluation to determine
whether and to what extent a person is a drug offender under this
article and would benefit from its provisions. The assessment
shall be conducted in accordance with the standards, procedures,
and diagnostic criteria designed to provide effective and cost-
beneficial use of available resources.
(2) "Continuum of care" means a seamless and coordinated
course of substance abuse education and treatment designed to meet
the needs of drug offenders as they move through the criminal
justice system and beyond, maximizing self-sufficiency.
(3) "Controlled substance" means a drug or other substance for
which a medical prescription or other legal authorization is
required for purchase or possession
(4) "Drug" means a controlled substance, an illegal drug, or
other harmful substance.
(5) "Drug court" means a judicial intervention process that
incorporates the Ten Key Components and may include pre-adjudication or post-adjudication participation.
(6) "Drug court team" may consist of the following members who
are assigned to the drug court:
(A) The drug court judge, which may include a magistrate,
mental hygiene commissioner, or other hearing officer;
(B) The prosecutor;
(C) The public defender or member of the criminal defense bar;
(D) A representative from the day report center or community
corrections program, if operating in the jurisdiction;
(E) A law-enforcement officer;
(F) The drug court coordinator;
(G) A representative from a circuit court probation office or
the division of parole supervision or both;
(H) One or more substance abuse treatment providers; and
(I) Any other persons selected by the drug court team.
(7) "Drug offender" means an adult person charged with a drug-
related offense or an offense in which substance abuse is
determined from the evidence to have been a factor in the
commission of the offense.
(8) "Dual Diagnosis" means a substance abuse and co-occurring
mental health disorder.
(9) "Local advisory committee" may consist of the following
members or their designees:
(A) Drug court circuit judge, who shall serve as chair;
(B) Drug court magistrate(s);
(C) Prosecutor;
(D) Public defender;
(E) Drug court coordinator;
(F) Criminal defense bar;
(G) Circuit clerk;
(H) Day report center director;
(I) Circuit court probation officer, parole officer or both;
(J) Law enforcement;
(K) One or more substance abuse treatment providers;
(L) Corrections representative; and
(M) Such other person or persons the chair deems appropriate.
(10) "Illegal drug" means a drug whose manufacture, sale, use
or possession is forbidden by law;
(11) "Memorandum of Understanding" means a written document
setting forth an agreed upon procedure.
(12) "Offender" means an adult charged with a criminal offense
punishable by incarceration.
(13) "Other harmful substance" means a misused substance
otherwise legal to possess, including alcohol.
(14) "Pre-adjudication" means a court order requiring a drug
offender to participate in drug court before charges are filed or
before conviction.
(15) "Post-adjudication" means a court order requiring a drug
offender to participate in drug court after having entered a plea
of guilty or
nolo contendre or having been found guilty.
(16) "Recidivism" means any subsequent arrest for a serious
offense (carrying a sentence of at least one year) resulting in the filing of a charge.
(17) "Relapse" means a return to substance use after a period
of abstinence.
(18) "Split sentencing" means a sentence which includes a
period of incarceration followed by a period of supervision.
(19) "Staffing" means the meeting before a drug offender's
appearance in drug court in which the drug court team discusses a
coordinated response to the drug offender's behavior.
(20) "Substance" means drug.
(21) "Substance abuse" means the illegal or improper
consumption of a drug.
(22) "Substance abuse treatment" means a program designed to
provide prevention, education, and therapy directed toward ending
substance abuse and preventing a return to substance usage.
(23) "Ten Key Components" means the following benchmarks
intended to describe the very best practices, designs, and
operations of drug courts. These benchmarks are meant to serve as
a practical, yet flexible framework for developing effective drug
courts in vastly different jurisdictions and to provide a structure
for conducting research and evaluation for program accountability:
(A) Drug courts integrate alcohol and other drug treatment
services with justice system case processing;
(B) Using a nonadversarial approach, prosecution and defense
counsel promote public safety while protecting participants' due
process rights;
(C) Eligible participants are identified early and promptly placed in the drug court program;
(D) Drug courts provide access to a continuum of alcohol,
drug, and other related treatment and rehabilitation services;
(E) Abstinence is monitored by frequent alcohol and other drug
testing;
(F) A coordinated strategy governs drug court responses to
participants' compliance;
(G) Ongoing judicial interaction with each drug court
participant is essential;
(H) Monitoring and evaluation measure the achievement of
program goals and gauge effectiveness;
(I) Continuing interdisciplinary education promotes effective
drug court planning, implementation, and operations; and
(J) Forging partnerships among drug courts, public agencies
and community-based organizations generates local support and
enhances drug court effectiveness.
§62-15-3. Policy and Goals.
The Legislature recognizes that a critical need exists in this
state for the criminal justice system to reduce the incidence of
substance abuse and the crimes resulting from it. For the criminal
justice system to maintain credibility, all drug offenders must be
held accountable for their actions. A growing body of research
demonstrates the impact of substance abuse on public safety,
personal health and health care costs, the spread of communicable
disease, educational performance and attainment, workforce
reliability and productivity, family safety and financial stability. Requiring that accountability and rehabilitating
treatment, in addition to or in place of, conventional and
expensive incarceration, will promote public safety, the welfare of
the individuals involved, reduce the burden upon the public
treasury and benefit the common welfare of this state. The goals of
this article shall include:
(1) Enhancing community safety and quality of life for
citizens;
(2) Reducing recidivism;
(3) Reducing substance abuse;
(4) Increasing the personal, familial, and societal
accountability of drug offenders;
(5) Restoring drug offenders to productive, law-abiding, and
taxpaying citizens;
(6) Promoting effective interaction and use of resources among
criminal justice and community agencies;
(7) Reducing the costs of incarceration; and
(8) Improving the efficiency of the criminal justice system by
enacting an effective methodology.
§62-15-4. Court Authorization and Structure.
(a) Each judicial circuit or two or more adjoining judicial
circuits may establish a drug court or regional drug court program
under which drug offenders will be processed to address
appropriately, the identified substance abuse problem as a
condition of pretrial release, probation,
jail, prison
incarceration, parole or other release from a correctional facility.
(b) The structure, method, and operation of each drug court
program may differ and should be based upon the specific needs of
and resources available to the judicial circuit or circuits where
the drug court program is located.
(c) A drug court program may be pre-adjudication or post-
adjudication for an adult offender.
(d) Participation in drug court, with the consent of the
prosecution and the court, shall be pursuant to a written
agreement.
(e) A drug court may grant reasonable incentives under the
written agreement if it finds that the drug offender:
(1) Is performing satisfactorily in drug court;
(2) Is benefitting from education, treatment and
rehabilitation;
(3) Has not engaged in criminal conduct; or
(4) Has not violated the terms and conditions of the
agreement.
(f) A drug court may impose reasonable sanctions on the drug
offender, including incarceration for the underlying offense or
expulsion from the program, pursuant to the written agreement, if
it finds that the drug offender:
(1) Is not performing satisfactorily in drug court;
(2) Is not benefitting from education, treatment or
rehabilitation;
(3) Has engaged in conduct rendering him or her unsuitable for the program;
(4) Has otherwise violated the terms and conditions of the
agreement; or
(5) Is for any reason unable to participate.
(g) Upon successful completion of drug court, a drug
offender's case shall be disposed of by the judge in the manner
prescribed by the agreement and by the applicable policies and
procedures adopted by the drug court. This may include, but is not
limited to, withholding criminal charges, dismissal of charges,
probation, deferred sentencing, suspended sentencing, split
sentencing, or a reduced period of incarceration.
(h) Drug court shall include the Ten Key Components and the
drug court team shall act to ensure compliance with them.
(i) Nothing contained in this article shall confer a right or
an expectation of a right to participate in a drug court nor does
it obligate a drug court to accept every drug offender.
(j) Neither the establishment of a drug court nor anything
herein shall be construed as limiting the discretion of the
jurisdiction's prosecutor to act on any criminal case which he or
she deems advisable to prosecute.
(k) Each drug court judge may establish rules and may make
special orders as necessary that do not conflict with rules and
orders promulgated by the Supreme Court of Appeals which has
administrative authority over the courts. The Supreme Court of
Appeals shall provide uniform referral, procedure and order forms
that shall be used in all drug courts in this state.
§62-15-5. Drug Court Teams.
(a) Each local jurisdiction that intends to establish a drug
court, or continue the operation of an existing drug court, shall
establish a local drug court team.
(b) The drug court team shall, when practicable, conduct a
staffing prior to each drug court session to discuss and provide
updated information regarding drug offenders. After determining
their progress or lack thereof, the drug court team shall recommend
the appropriate incentive or sanction to be applied. If the drug
court team cannot agree on the appropriate action, the court shall
make the decision based on information presented in the staffing.
§62-15-6. Eligibility.
(a) A drug offender shall not be eligible for the drug court
program if:
(1) The underlying offense involves a felony crime of
violence, unless there is a specific treatment program available
designed to address violent offenders;
(2) The underlying offense involves an offense that requires
registration as a sex offender pursuant to the article twelve,
chapter fifteen of this Code;
(3) The drug offender has a prior felony conviction in this
state or another state for a felony crime of violence; or
(4) The drug offender has a prior conviction in this state or
another state for a crime that requires registration as a sex
offender pursuant to article twelve, chapter fifteen of this Code.
(b) Eligible offenses may be further restricted by the rules of a specific drug court program.
(c) Nothing in this section shall require a drug court judge
to consider or accept every offender with a treatable condition or
addiction, regardless of the fact that the controlling offense is
eligible for consideration in the program.
§62-15-7. Treatment and Support Services.
(a) As part of any diagnostic assessments, the individual
assessment should make specific recommendations to the drug court
team regarding the type of treatment program and duration necessary
so that a drug offender's individualized needs can be addressed.
These assessments and resulting recommendations should be based
upon objective medical diagnostic criteria. Treatment
recommendations accepted by the court, pursuant to the provisions
of this article, shall be deemed to be reasonable and necessary.
(b) A drug court making a referral for substance abuse
treatment shall refer the drug offender to a program that is
licensed, certified, or approved by the court.
(c) The court shall determine which treatment programs are
authorized to provide the recommended treatment to drug offenders.
The relationship between the treatment program and the court should
be governed by a Memorandum of Understanding, which should include
the timely reporting of the drug offender's progress or lack
thereof to the drug court.
(d) It is essential to provide offenders with adequate support
services and aftercare.
(e) Recognizing that drug offenders are frequently dually diagnosed, appropriate services should be made available, where
practicable.
(f) Recognizing that the longer a drug offender stays in
treatment, the better the outcome, the length of stay in treatment
should be determined by the drug court team based on individual
needs and accepted practices:
Provided, That drug court
participation shall not be less than one year duration.
§62-15-8. Drug Testing.
(a) The drug court team shall ensure fair, accurate, and
reliable drug testing procedures, following collection procedures
approved by the Supreme Court of Appeals.
(b) The drug offender shall be ordered to submit to frequent,
random, and observed drug testing to monitor abstinence.
(c) Anyone in receipt of drug test results shall maintain the
information in compliance with the requirements of federal and
state confidentially laws.
§62-15-9. Governance.
(a) The Supreme Court of Appeals will be responsible for court
funding, administration, and continuance or discontinuance of drug
courts, mental health courts, or other problem-solving courts. The
administrative director, or his or her designee, will oversee the
planning, implementation, and development of these courts as the
administrative arm of the Supreme Court of Appeals.
(b) The administering drug court judge in each drug court's
jurisdiction shall appoint a local advisory committee. The
advisory committee shall ensure quality, efficiency, and fairness in planning, implementing, and operating drug courts that serve the
jurisdiction, and the provision of a full continuum of care for
drug offenders.
(c) The local advisory committee shall annually report to the
Supreme Court of Appeal's administrative director, or designee, by
the thirty-first day of December of each year. The report shall
include:
(1) A description of all drug courts operating within the
jurisdiction;
(2) Participating judges and magistrates if applicable;
(3) Community involvement;
(4) Education and training;
(5) Use of existing resources;
(6) Collaborative efforts; and
(7) An evaluation of the critical data elements required by
subsection (a), section ten of this article.
§62-15-10. Program Integrity and Offender Accountability.
(a) Drug courts shall collect and maintain the following
information and any other information required by the Supreme Court
of Appeals or its administrative office:
(1) Prior criminal history;
(2) Prior substance abuse treatment history, including
information on the drug offender's success or failure in those
programs;
(3) Employment, education, and income histories;
(4) Gender, race, ethnicity, marital and family status, and any child custody and support obligations;
(5) The number of babies, both addicted and healthy, born to
female drug offenders during participation in drug court;
(6) Instances of relapse occurring during participation in
drug court;
(7) Instances of recidivism occurring during and after
participation in drug court. Recidivism shall be measured at
intervals of six months, one year, two years, and five years after
successful graduation from drug court;
(8) The number of offenders screened for eligibility, the
number of eligible drug offenders who were and were not admitted
and their case dispositions;
(9) The drug of choice and the estimated daily financial cost
to the drug offender at the time of entry into the program; and
(10) the costs of operation and sources of funding.
(b) A drug offender may be required as a condition of pretrial
diversion, probation, or parole to provide the information
described in this section. The collection and maintenance of
information under this section shall be collected in a standardized
format according to applicable guidelines set forth by the Supreme
Court of Appeals.
(c) To protect drug offenders' privacy in accordance with
federal and state confidentiality laws, treatment records must be
kept in a secure environment, separated from the court records to
which the public has access.
§62-15-11. Funding.
(a) Each drug court with the guidance of the Supreme Court of
Appeals may establish a schedule for the payment of reasonable fees
and costs necessary to conduct the program;
(b) Nothing in this article shall prohibit local advisory
committees or drug court teams from obtaining supplemental funds or
exploring grants to support drug courts.
(c) Nothing in this article shall be construed to supplant
funds currently utilized for drug courts.
§62-15-12. Immunity from Liability.
(a) Any individual who, in good faith, provides services
pursuant to this article shall not be liable in any civil action.
The grant of immunity provided
for in this subsection shall extend
to all employees and administrative personnel.
(b) Any qualified person who obtains, in a medically accepted
manner, a specimen of breath, blood, urine, or other bodily
substance pursuant to any provision of this article shall not be
liable in any civil action.
§62-15-13. Statutory Construction.
The provisions of this article shall be construed to
effectuate its remedial purposes.
The bill (Eng. Com. Sub. for H. B. No. 2684), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2685, Amending the Uniform
Principal and Income Act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2734, Relating to minimum guarantees
provided to members who elected to transfer from the Teachers'
Defined Contribution System to the Teachers' Retirement System.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2753, Relating to the
continuation of the Design-Build Program.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Finance, was reported by the Clerk and adopted:
On page two, section two, line twelve, by striking out "13"
and inserting in lieu thereof "30".
The bill (Eng. Com. Sub. for H. B. No. 2753), as amended, was
then ordered to third reading.
Eng. Com. Sub. for House Bill No. 2839, Relating to the
management of pain by physicians.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 2877, Increasing the
monetary penalties, removing the possibility of incarceration and
adding community service for a minor who misrepresents his or her
age when purchasing alcohol.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on the Judiciary, was reported by the Clerk and adopted:
By striking out everything after the enacting clause and
inserting in lieu thereof the following:
That §11-16-19 of the Code of West Virginia, 1931, as amended,
be amended and reenacted; that §49-1-4 of said code be amended and
reenacted; and that §60-3A-24 be amended and reenacted, all to read
as follows:
CHAPTER 11. TAXATION.
ARTICLE 16. NONINTOXICATING BEER.
§11-16-19. Unlawful acts of persons; criminal penalties.
(a) (1) Any person
eighteen or over, but under the age of
twenty-one years, who purchases, consumes, sells, possesses or
serves nonintoxicating beer is guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount not to exceed $500 or
shall be
incarcerated confined in jail,
or, in the case of a
juvenile, a detention facility, for a period not to exceed
seventy-two hours, or both fined and
imprisoned confined or, in
lieu of such fine and
incarceration confinement, may, for the first
offense, be placed on probation for a period not to exceed one
year.
Any person under the age of eighteen years who purchases,
consumes, sells, possesses or serves nonintoxicating beer is guilty
of a status offense as that term is defined in section four,
article one, chapter forty-nine of this code and, upon adjudication
therefor, shall be referred to the Department of Health and Human
Resources for services, as provided in section eleven, article five
of said chapter.
(2) Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed to prohibit any person who
is at least eighteen years of age from serving in the lawful
employment of any licensee, which may include the sale or delivery
of nonintoxicating beer as defined in this article. Further,
nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed to prohibit any person who
is less than eighteen but at least sixteen years of age from being
employed by a licensee whose principal business is the sale of food
or consumer goods or the providing of recreational activities,
including, but not limited to, nationally franchised fast-food
outlets, family-oriented restaurants, bowling alleys, drug stores,
discount stores, grocery stores and convenience stores:
Provided,
That such person shall not sell or deliver nonintoxicating beer.
(3) Nothing in this subsection shall prohibit a person who is
at least eighteen years of age from purchasing or possessing
nonintoxicating beer when he or she is acting upon the request of
or under the direction and control of any member of a state,
federal or local law-enforcement agency or the West Virginia
Alcohol Beverage Administration while the agency is conducting an
investigation or other activity relating to the enforcement of the
alcohol beverage control statutes and the rules of the
commissioner.
(b) Any person under the age of twenty-one years who, for the
purpose of purchasing nonintoxicating beer, misrepresents his or
her age or who for such purpose presents or offers any written evidence of age which is false, fraudulent or not actually his or
her own or who illegally attempts to purchase nonintoxicating beer
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount not to exceed $50 or shall be
imprisoned confined
in jail,
or in the case of a juvenile, a juvenile detention
facility, for a period not to exceed seventy-two hours, or both
such fine and
imprisonment confinement or, in lieu of such fine and
imprisonment confinement, may, for the first offense, be placed on
probation for a period not exceeding one year.
(c) Any person who shall knowingly buy for, give to or furnish
nonintoxicating beer to anyone under the age of twenty-one to whom
they are not related by blood or marriage is guilty of a
misdemeanor and, upon conviction thereof, shall be fined an amount
not to exceed $100 or shall be
imprisoned confined in jail for a
period not to exceed ten days, or both such fine and
imprisonment
confinement.
(d) (1) Any person who at any one time transports into the
state for their personal use, and not for resale, more than six and
seventy-five hundredths gallons of nonintoxicating beer, upon which
the West Virginia barrel tax has not been imposed, shall be guilty
of a misdemeanor and, upon conviction thereof, shall be fined an
amount not to exceed $100
and have all the untaxed nonintoxicating
beer in their possession at the time of the arrest confiscated or
imprisoned confined for ten days in jail, or both fined and
imprisoned.
The untaxed nonintoxicating beer found in the person's
possession shall be confiscated.
(2) If the Congress of the United States repeals the mandate
established by the Surface Transportation Assistance Act of 1982
relating to national uniform drinking age of twenty-one as found in
section six of Public Law 98-363, or a court of competent
jurisdiction declares the provision to be unconstitutional or
otherwise invalid, it is the intent of the Legislature that the
provisions contained in this section and section eighteen of this
article which prohibit the sale, furnishing, giving, purchase or
ownership of nonintoxicating beer to or by a person who is less
than twenty-one years of age shall be null and void and the
provisions therein shall thereafter remain in effect and apply to
the sale, furnishing, giving, purchase or ownership of
nonintoxicating beer to or by a person who is less than nineteen
years of age.
CHAPTER 49. CHILD WELFARE.
ARTICLE 1. PURPOSES; DEFINITIONS.
§49-1-4. Other definitions.
As used in this chapter:
(1) "Child welfare agency" means any agency or facility
maintained by the state or any county or municipality thereof or
any agency or facility maintained by an individual, firm,
corporation, association or organization, public or private, to
receive children for care and maintenance or for placement in
residential care facilities or any facility that provides care for
unmarried mothers and their children;
(2) "Child advocacy center" means a community-based organization that is a member in good standing with the West
Virginia Child Abuse Network, Inc., and is working to implement the
following program components:
(A) Child-appropriate/child-friendly facility: A child
advocacy center provides a comfortable, private, child-friendly
setting that is both physically and psychologically safe for
clients;
(B) Multidisciplinary team (MDT): A multidisciplinary team
for response to child abuse allegations includes representation
from the following: Law enforcement; child protective services;
prosecution; mental health; medical; victim advocacy; child
advocacy center;
(C) Organizational capacity: A designated legal entity
responsible for program and fiscal operations has been established
and implements basic sound administrative practices;
(D) Cultural competency and diversity: The child advocacy
center promotes policies, practices and procedures that are
culturally competent. Cultural competency is defined as the
capacity to function in more than one culture, requiring the
ability to appreciate, understand and interact with members of
diverse populations within the local community;
(E) Forensic interviews: Forensic interviews are conducted in
a manner which is of a neutral, fact-finding nature and coordinated
to avoid duplicative interviewing;
(F) Medical evaluation: Specialized medical evaluation and
treatment are to be made available to child advocacy center clients as part of the team response, either at the child advocacy center
or through coordination and referral with other specialized medical
providers;
(G) Therapeutic intervention: Specialized mental health
services are to be made available as part of the team response,
either at the child advocacy center or through coordination and
referral with other appropriate treatment providers;
(H) Victim support/advocacy: Victim support and advocacy are
to be made available as part of the team response, either at the
child advocacy center or through coordination with other providers,
throughout the investigation and subsequent legal proceedings;
(I) Case review: Team discussion and information sharing
regarding the investigation, case status and services needed by the
child and family are to occur on a routine basis;
(J) Case tracking: Child advocacy centers must develop and
implement a system for monitoring case progress and tracking case
outcomes for team components:
Provided, That a child advocacy
center may establish a safe exchange location for children and
families who have a parenting agreement or an order providing for
visitation or custody of the children that require a safe exchange
location;
(3) "Community based", when referring to a facility, program,
or service, means located near the juvenile's home or family and
involving community participation in planning, operation and
evaluation and which may include, but is not limited to, medical,
educational, vocational, social and psychological guidance, training, special education, counseling, alcoholism and any
treatment and other rehabilitation services;
(4) "Court" means the circuit court of the county with
jurisdiction of the case or the judge thereof in vacation unless
otherwise specifically provided;
(5) "Custodian" means a person who has or shares actual
physical possession or care and custody of a child, regardless of
whether such person has been granted custody of the child by any
contract, agreement or legal proceedings;
(6) "Department" or "state department" means the State
Department of Health and Human Resources;
(7) "Division of Juvenile Services" means the division within
the Department of Military Affairs and Public Safety pursuant to
article five-e of this chapter;
(8) "Guardian" means a person who has care and custody of a
child as a result of any contract, agreement or legal proceeding;
(9) "Juvenile delinquent" means a juvenile who has been
adjudicated as one who commits an act which would be a crime under
state law or a municipal ordinance if committed by an adult;
(10) "Nonsecure facility" means any public or private
residential facility not characterized by construction fixtures
designed to physically restrict the movements and activities of
individuals held in lawful custody in such facility and which
provides its residents access to the surrounding community with
supervision;
(11) "Referee" means a juvenile referee appointed pursuant to section one, article five-a of this chapter, except that in any
county which does not have a juvenile referee, the judge or judges
of the circuit court may designate one or more magistrates of the
county to perform the functions and duties which may be performed
by a referee under this chapter;
(12) "Secretary" means the Secretary of Health and Human
Resources;
(13) "Secure facility" means any public or private residential
facility which includes construction fixtures designed to
physically restrict the movements and activities of juveniles or
other individuals held in lawful custody in such facility;
(14) "Staff-secure facility" means any public or private
residential facility characterized by staff restrictions of the
movements and activities of individuals held in lawful custody in
such facility and which limits its residents' access to the
surrounding community, but is not characterized by construction
fixtures designed to physically restrict the movements and
activities of residents;
(15) "Status offender" means a juvenile who has been
adjudicated as one:
(A) Who habitually and continually refuses to respond to the
lawful supervision by his or her parents, guardian or legal
custodian such that the child's behavior substantially endangers
the health, safety or welfare of the juvenile or any other person;
(B) Who has left the care of his or her parents, guardian or
custodian without the consent of such person or without good cause;
or
(C) Who is habitually absent from school without good cause;
or
(D) Who violates any West Virginia municipal, county or state
law regarding use of alcoholic beverages by minors;
(16) "Valid court order" means a court order given to a
juvenile who was brought before the court and made subject to such
order and who received, before the issuance of such order, the full
due process rights guaranteed to such juvenile by the constitutions
of the United States and the State of West Virginia.
CHAPTER 60. STATE CONTROL OF ALCOHOLIC LIQUORS.
ARTICLE 3A. SALES BY RETAIL LIQUOR LICENSEES.
§60-3A-24. Unlawful acts by persons.
(a) (1) Any person who is
eighteen or over but under the age
of twenty-one years who purchases, consumes, sells, serves or
possesses alcoholic liquor is guilty of a misdemeanor and, upon
conviction thereof, shall be fined an amount not to exceed $500 or
shall be
incarcerated confined in jail,
or, in the case of a
juvenile, a detention center, for a period not to exceed
seventy-two hours, or both fined and imprisoned or, in lieu of such
fine and incarceration, may, for the first offense, be placed on
probation for a period not to exceed one year.
Any person who is
under eighteen years who purchases, consumes, sells, serves or
possesses alcoholic liquor is guilty of a status offense, as that
term is defined in section four, article one, chapter forty-nine of
this code and, upon adjudication therefor, shall be referred to the Department of Health and Human Resources for services, as provided
in section eleven, article five of said chapter.
(2) Nothing in this article, nor any rule or regulation of the
commissioner, shall prevent or be deemed to prohibit any person who
is at least eighteen years of age from serving in the lawful
employment of a licensee which includes the sale and serving of
alcoholic liquor.
(3) Nothing in this subsection shall prohibit a person who is
at least eighteen years of age from purchasing or possessing
alcoholic liquor when he or she is acting upon the request of or
under the direction and control of any member of a state, federal
or local law-enforcement agency or the West Virginia Alcohol
Beverage Control Administration while the agency is conducting an
investigation or other activity relating to the enforcement of the
alcohol beverage control statutes and the rules and regulations of
the commissioner.
(b) Any person under the age of twenty-one years who, for the
purpose of purchasing liquor from a retail licensee, misrepresents
his or her age or who for such purpose presents or offers any
written evidence of age which is false, fraudulent or not actually
his or her own or who illegally attempts to purchase liquor from a
retail licensee is guilty of a misdemeanor and, upon conviction
thereof, shall be fined an amount not to exceed fifty dollars or
imprisoned confined in jail for a period not to exceed seventy-two
hours, or both fined and
imprisoned confined or, in lieu of such
fine and imprisonment, may, for the first offense, be placed on probation for a period not exceeding one year.
(c) Any person who knowingly buys for, gives to or furnishes
to anyone under the age of twenty-one to whom he or she is not
related by blood or marriage any liquor from whatever source is
guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount not to exceed $250 dollars or
imprisoned confined
in jail for a period not to exceed ten days, or both fined and
imprisoned confined.
(d) No person while on the premises of a retail outlet may
consume liquor or break the seal on any package or bottle of
liquor. Any person who violates the provisions of this subsection
is guilty of a misdemeanor and, upon conviction thereof, shall be
fined an amount not to exceed one hundred dollars or
imprisoned
confined in jail for a period not to exceed ten days, or both fined
and
imprisoned confined.
The bill (Eng. Com. Sub. for H. B. No. 2877), as amended, was
then ordered to third reading.
Eng. House Bill No. 2920, Eliminating the felony conviction
for a second or subsequent conviction of petit larceny.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. House Bill No. 2950, Creating the Neighborhood Housing
and Economic Stabilization Program for low-income minority
neighborhoods.
On second reading, coming up in regular order, was read a
second time.
The following amendments to the bill, from the Committee on
Economic Development, were reported by the Clerk, considered
simultaneously, and adopted:
On page three, section six-c, line seventeen, by striking out
the words "census tracts" and inserting in lieu thereof the word
"neighborhoods";
On page five, section six-c, line fifty-seven, by striking out
the words "census tracts" and inserting in lieu thereof the word
"neighborhoods";
On page seven, section six-c, line eighty-eight, by striking
out the words "census tracts" and inserting in lieu thereof the
word "neighborhoods";
And,
On page seven, section six-c, line ninety-one, by striking out
the words "census tract" and inserting in lieu thereof the word
"neighborhood".
The bill (Eng. H. B. No. 2950), as amended, was then ordered
to third reading.
Eng. House Bill No. 2952, Clarifying that a terroristic threat
is a felony regardless of intent to actually commit the threatened
act.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3036, Relating to notice and
publication requirements for expungement petitions.
On second reading, coming up in regular order, was read a second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3120, Increasing the WV
Prosecuting Attorneys Institute's executive council's elected
members from five to seven and permitting the appointment of
special prosecutors in juvenile delinquency, child abuse or neglect
proceedings.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Eng. Com. Sub. for House Bill No. 3196, Declaring certain
claims against the state and its agencies to be moral obligations
of the state.
On second reading, coming up in regular order, was read a
second time and ordered to third reading.
Pending announcement of meetings of standing committees of the
Senate, including a majority party caucus,
On motion of Senator Edgell, the Senate recessed until 5 p.m.
today.
Upon expiration of the recess, the Senate reconvened and,
without objection, returned to the third order of business.
A message from The Clerk of the House of Delegates announced
the amendment by that body, passage as amended with its House of
Delegates amended title, and requested the concurrence of the
Senate in the House of Delegates amendments, as to
Eng. Com. Sub. for Senate Bill No. 384, Authorizing Department
of Transportation take control of certain highway emergencies.
On motion of Senator Chafin, the message on the bill was taken up for immediate consideration.
The following House of Delegates amendments to the bill were
reported by the Clerk:
By striking out everything after the enacting section and
inserting in lieu thereof the following:
ARTICLE 3A. AUTHORITY OF LOCAL FIRE DEPARTMENTS.
§29-3A-1. Authority of fire officers in charge of fire, service
call or other emergency; definition.
(a) While any fire department recognized or approved by the
West Virginia State Fire Commission is responding to, operating at
or returning from a fire, fire hazard, service call or other
emergency, the fire chief, any other elected or appointed fire line
officer or any member serving in the capacity of appointed fire
line officer in charge, except on industrial property where trained
industrial fire-fighting personnel are present, shall have the
authority:
(1)
Of controlling and directing To control and direct
firefighting and fire control activities at such scene;
(2) To order any person or persons to leave any building or
place in the vicinity of such scene for the purpose of protecting
such persons from injury;
(3) To blockade any public highway, street or private
right-of-way temporarily while at such scene
in accordance with the
following provisions:
_____(A) If the emergency incident occurs on a public highway and
it is reasonably expected that the highway may be closed for a period of at least two hours or upon the request of the incident
commander acting in accordance with the provisions of the National
Incident Management System in effect as of December 31, 2008, the
Secretary of Transportation or his or her designee(s) shall be
notified of the incident as soon as possible;
_____(B) The Secretary of Transportation or his or her designee(s)
shall respond to the notification of the incident in order to
assist with the restoration of traffic flow or with the development
and implementation of a traffic diversion plan;
_____(C) All authorized persons who respond to the scene of the
emergency incident and all of their available resources will become
part of the incident command system;
_____(D) All of those persons are to collaborate and cooperate with
the incident commander and appropriate law-enforcement personnel at
the emergency incident scene in order to restore traffic flow as
soon as possible after the scene is deemed safe by the incident
commander; and
_____(E) Once the incident commander has declared the emergency
incident scene to be safe, the control of the traffic at the
emergency incident scene will be transferred to the Department of
Transportation or the appropriate law-enforcement agency;
(4) To enter the building, structure, enclosure or other
property of any person or persons at any time of the day or night,
without liability, while operating at such scene;
(5) To enter any building, including private dwellings, or
upon any premises where an emergency exists, or where there is reasonable cause to believe an emergency exists, for the purpose of
eliminating the emergency;
(6) To enter any building, including private dwellings, or
premises near the scene of the emergency for the purpose of
protecting the building or premises or for the purpose of
eliminating the emergency which is in progress in another building
or premises;
(7) To inspect for preplanning all buildings, structures or
other places in their fire district, excepting, however, the
interior of a private dwelling, with the consent of the owner or
occupant, where any combustible materials, including waste paper,
rags, shavings, waste, leather, rubber, crates, boxes, barrels,
rubbish or other combustible material that is or may become
dangerous as a fire menace to such building or buildings, structure
or other places has been allowed to accumulate or where such chief
or his
or her designated representative has reason to believe that
such material of a combustible nature has accumulated or is liable
to be accumulated;
(8) To direct the removal
, use or
destroying destruction of
any fence, house, motor vehicle or other thing which may reasonably
be determined to be necessary to be pulled down, destroyed or
removed to prevent the further spread of the fire or hazardous
condition;
(9) To request and be supplied with additional materials such
as sand, treatments, chemicals, etc., and special equipment when
dealing with an accident on a public highway or railroad right-of-way when it is deemed a necessity to prevent the further
spread of the fire or hazardous condition, the cost of which to be
borne by the owner of the instrumentality which caused the fire or
hazardous condition;
and
(10) To order disengagement or discouplement of any convoy,
caravan or train of vehicles, craft or railway cars if deemed a
necessity in the interest of safety of persons or property.
and
(11) (b) As used in this article, the term "emergency" means
a situation in which the fire officer in charge knows or in which
a reasonable person would believe that there exists an imminent
threat of serious bodily harm or death to a person or significant
damage to property.;
And,
Eng. Com. Sub. for Senate Bill No. 384--A Bill to amend and
reenact §29-3A-1 of the Code of West Virginia, 1931, as amended,
relating to the control of an emergency scene; providing for
transfer of authority to permit safe traffic flow; and providing
for the use of property to prevent the spread of a fire.
On motion of Senator Chafin, the Senate concurred in the House
of Delegates amendments to the bill.
Engrossed Committee Substitute for Senate Bill No. 384, as
amended by the House of Delegates, was then put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 384) passed with its House of Delegates
amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate.
The Senate again proceeded to the sixth order of business,
which agenda includes the making of main motions.
On motion of Senator Kessler, the Senate requested the return
from the House of Delegates of
Eng. Com. Sub. for House Bill No. 2738, Registering protective
orders with the West Virginia Supreme Court of Appeals.
Passed by the Senate in earlier proceedings today,
The bill still being in the possession of the Senate,
On motion of Senator Kessler, the Senate reconsidered its
action by which in earlier proceedings today it adopted the
Judiciary committee amendment to the title of the bill (
shown in
the Senate Journal of today, page 34).
The vote thereon being reconsidered,
The question again being on the adoption of the Judiciary
committee amendment to the title of the bill.
At the request of Senator Kessler, as chair of the Committee on the Judiciary, unanimous consent was granted to withdraw the
Judiciary committee amendment to the title of the bill.
On motion of Senator Kessler, the following amendment to the
title of the bill was reported by the Clerk and adopted:
Eng. Com. Sub. for House Bill No. 2738--A Bill to amend and
reenact §48-27-802 of the Code of West Virginia, 1931, as amended;
to amend and reenact §48-28-5 of said code; and to amend and
reenact §51-1-21 of said code, all relating generally to
registering domestic violence protective orders with the West
Virginia Supreme Court of Appeals.
The bill, as just amended, was read a third time and put upon
its passage.
Om the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell, D. Facemire, K.
Facemyer, Fanning, Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--34.
The nays were: None.
Absent: None.
So, a majority of those present and voting having voted in the
affirmative, the President declared the bill (Eng. Com. Sub. for H.
B. No. 2738) passed with its Senate amended title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
At the request of Senator Chafin, and by unanimous consent, the Senate returned to the fourth order of business.
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 Concurrent Resolution No. 63 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study the impact and potential
impact of mining coal in and around West Virginia's cemeteries.
Whereas, The coal industry, and in particular coal mining, is
an integral part of the economic and social fabric of this state;
and
Whereas, Many of the state's cemeteries are located on or
around areas with minable coal reserves; and
Whereas, We must ensure our state's cemeteries are treated
with the dignity and respect they deserve if these particular coal
reserves are to be mined; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the impact and potential impact of mining coal
in and around West Virginia's cemeteries; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Green,
Chair.
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 Concurrent Resolution No. 64 (originating in the
Committee on Energy, Industry and Mining)--Requesting the Joint
Committee on Government and Finance study the public policy issues
involved in the possible development and implementation of carbon
dioxide cap and trade proposals within the State of West Virginia.
Whereas, The production of increased amounts of carbon
dioxide are alleged to be a threat to the health of the citizens
of this state, this country and the world by causing an increase
or growth in "greenhouse gas" in the form of carbon dioxide
pollutant; and
Whereas, It is alleged that, to some extent, the increase or
growth in carbon dioxide is caused by the burning of fossil fuels
which include coal mined and produced in West Virginia; and
Whereas, It is in the interest of the citizens of this state
that there be maintenance of a healthy environment and protection
of life-sustaining ecological processes, based upon thorough
knowledge as to how coal may be mined in this state and utilized
in a manner that is in harmony with essential ecological processes
and human health; and
Whereas, There appears to be growing interest in this country
and elsewhere in the world to develop cap and trade systems that
involve the trading of emission allowances, where the total
allowance is strictly limited or "capped" considerably lower than
the historic level of emissions, and where a market mechanism is
established that allows emitters to buy emissions from or sell
emissions to other emitters; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the public policy issues involved in the
possible development and implementation of carbon dioxide cap and
trade proposals within the State of West Virginia; and, be it
Further Resolved, That the Joint Committee on Government and
Finance may seek input and information from experts and other
resources appropriate to this study; 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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Mike Green,
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 Concurrent Resolution No. 65 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study public safety, health
and welfare issues related to the sale, storage and use of
fireworks in this state.
Whereas,
Certain fireworks may be sold to consumers in this
state. Issues remain regarding public safety at locations that
sell fireworks to consumers, education of the public regarding the
safe use of fireworks and enforcement of current laws regarding
the sale and use of fireworks; and
Whereas, The State Fire Marshal has certain jurisdiction over
the sale and use of fireworks in this state and there is a need to
examine whether the State Fire Marshal's role should be increased and whether the existing laws need to be changed to better protect
the health, welfare and safety of the public; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study
public safety, health and welfare issues
related to the sale, storage and use of fireworks in this state
;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to seek the input of the State Fire
Marshal and any other interested and informed persons selected by
the joint committee to study issues related to the retail sale,
storage and use of fireworks; and, be it
Further Resolved, That this study should include whether
there should be additional regulation of the retail sale, storage
or use of fireworks and how the additional regulation, if
necessary, in the public interest, should be provided and funded;
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.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
Chair.
Senator Bowman, from the Committee on Government
Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Concurrent Resolution No. 66 (originating in the
Committee on Government Organization)--Requesting the Joint
Committee on Government and Finance study the overall costs of
highway and sewer and water projects in West Virginia, including,
but not limited to, the costs associated with the selection of
professional engineering and design firms for projects funded by
the Division of Highways and/or the Water Development Authority
that are not funded by federal funds.
Whereas, The overall costs of completing highway and sewer
and water projects in the state has steadily risen; and
Whereas, The qualifications-based selection process is
required by federal law and has been in use by the State of West
Virginia since 1990 for the purpose of selecting engineering and
design firms; and
Whereas, Time and cost savings are critical to the success of
any public works project such as highways maintenance and
construction and sewer and water development; and
Whereas, Proposed changes to existing procurement law related
to engineering and design services could significantly impact
numerous state agencies, along with counties and municipalities;
and
Whereas, The professional engineering community has
maintained its willingness to provide assistance in improving the
process of selection and project delivery to taxpayers; and
Whereas, Further review and determination of best practices
is merited related to managing overall costs of completing highway
and sewer and water projects and the procurement of engineering
and design services related thereto and is otherwise necessary
before proceeding with changes to existing law; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study the overall costs of highway and sewer and
water projects in West Virginia, including, but not limited to,
the selection of professional engineering and design firms for
projects funded by the Division of Highways and the Water
Development Authority that are not funded by federal funds; 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
.
And reports the same back with the recommendation that it be
adopted.
Respectfully submitted,
Edwin J. Bowman,
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 Concurrent Resolution No. 67 (originating in the
Committee on the Judiciary)--Requesting the Joint Committee on
Government and Finance study issues related to asbestos trust
disclosures.
Whereas, Millions of American workers and others were exposed
to asbestos, especially during and after World War II and prior to
the promulgation of regulations by the Occupational Safety and
Health Administration in the early 1970s; and
Whereas, Exposure to asbestos has been associated with
various types of cancer, including mesothelioma and lung cancer,
as well as such nonmalignant conditions as asbestosis, pleural
plaques and diffuse pleural thickening; and
Whereas, Corporations filed for bankruptcy, some as a result
of claims arising out of asbestos exposure, resulting in the
creation of trust or claims facilities intended to provide compensation to claimants alleging injuries as a result of
asbestos exposure; and
Whereas, In excess of $30 billion has been placed with these
trusts for the payment of asbestos claims; and
Whereas, Asbestos claimants may seek compensation for alleged
asbestos-related conditions from both the civil tort system and
from trusts or claims facilities formed in bankruptcy proceedings
if they meet the requirements of a particular trust; and
Whereas, There is a current case management order requiring
an asbestos trust affidavit disclosing all asbestos bankruptcy
filings for a particular case set for trial that some parties feel
may be inadequate; and
Whereas, In order to afford defendants against whom asbestos
claims are filed the right to complete disclosure regarding claims
filed against bankruptcy trusts and in order to preserve assets
for individuals who may in the future bring asbestos claims
against bankruptcy trusts, more transparency about bankruptcy
trust claims may be necessary; therefore, be it
Resolved by the Legislature of West Virginia:
That the Joint Committee on Government and Finance is hereby
requested to study issues related to asbestos trust disclosures;
and, be it
Further Resolved, That the Joint Committee on Government and
Finance is hereby requested to study the need for further
disclosure by claimants in civil actions involving exposure to
asbestos of all current and anticipated claims against bankruptcy trusts and all supporting documentation filed with the bankruptcy
trusts; 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.
And reports the same back with the recommendation that it be
adopted.
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
Eng. Com. Sub. for House Bill No. 2170, Authorizing the
Department of Commerce to promulgate legislative rules.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2170) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Bowman, from the Committee on Government
Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2309, Updating the law
governing the practice of occupational therapy.
And has amended same.
Eng. Com. Sub. for House Bill No. 2528, Updating the
regulation of the practice of forestry.
And has amended same.
Eng. Com. Sub. for House Bill No. 2531, Updating the
regulation of the practice of barbers and cosmetologists.
And has amended same.
Eng. Com. Sub. for House Bill No. 2532, Creating licensure
for Marriage and Family Therapists.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2926, Establishing a
procedure for challenging a candidate's qualifications for elected
office.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2309, 2528,
2531, 2532 and 2926) contained in the preceding report from the
Committee on Government Organization 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, with amendments
from the Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2401, Providing for the
expiration of the alternative minimum tax.
Eng. Com. Sub. for House Bill No. 2470, Exempting all schools
which include grades kindergarten through twelve from paying
consumer sales tax on items the school sells.
Eng. Com. Sub. for House Bill No. 2999, Relating to the
Streamlined Sales and Use Tax Agreement and the West Virginia
consumers sales and service tax and use tax.
And,
Eng. Com. Sub. for House Bill No. 3017, Exempting from the
consumers sales and service tax and use tax any sales of donated
clothing or clothing accessories.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
Walt Helmick,
Chair.
At the request of Senator Helmick, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 2401, 2470, 2999
and 3017) contained in the preceding report from the Committee on
Finance were each taken up for immediate consideration, read a
first time and ordered to second reading.
Senator Bowman, from the Committee on Government
Organization, submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Eng. Com. Sub. for House Bill No. 2412, Providing certain
county commissions with authority to regulate the location of
businesses offering exotic entertainment.
And,
Eng. House Bill No. 3011, Repealing the section of code
relating to limitation on political activity of officers or
employees in the administration of the Vocational Rehabilitation
Program.
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,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2412 and Eng. H.
B. No. 3011) contained in the preceding report from the Committee
on Government Organization 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2557, Relating to the
enforcement of new motor vehicle warranties.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2557) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2567, Relating to filing
agency rules with the Secretary of State under the Administrative
Procedures Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2567) 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 Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2719, Relating to the sale
and distribution of craft beer.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 3, 2009;
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2723, Authorizing liens by
municipalities and requiring administrative procedures for the
assessment and collection of delinquent municipal fees.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on Finance.
Respectfully submitted,
Edwin J. Bowman,
Chair.
At the request of Senator Bowman, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2723) contained in
the preceding report from the Committee on Government Organization
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on Finance, with
amendments from the Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Eng. Com. Sub. for House Bill No. 2737, Authorizing the
Administrative Director of the Supreme Court of Appeals to hire
regional or specialized probation officers.
Now on second reading, having been read a first time and
referred to the Committee on Finance on April 3, 2009;
And reports the same back with the recommendation that it 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
Eng. Com. Sub. for House Bill No. 2767, Changing the
membership of the PEIA Financial Board.
And,
Eng. House Bill No. 2801, Updating language and making
technical changes and clarifications of the West Virginia Board of
Medicine.
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,
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 references of the bills contained in the
foregoing report from the Committee on Government Organization.
At the request of Senator Bowman, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. No. 2767 and Eng. H.
B. No. 2801) were each taken up for immediate consideration, read
a first time and ordered to second reading.
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
Eng. Com. Sub. for House Bill No. 2860, Regulating the
sequestration and storage of carbon dioxide.
And reports the same back without recommendation as to
passage; but under the original double committee reference first
be referred to the Committee on the Judiciary.
Respectfully submitted,
Mike Green,
Chair.
At the request of Senator Green, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2860) contained in
the preceding report from the Committee on Energy, Industry and Mining 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 he Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2863, Relating to
construction of state utility projects.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2863) 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
House Concurrent Resolution No. 7, Requesting the Joint
Committee on Government and Finance to continue studying the
needs, challenges and issues facing veterans.
And reports the same back with the recommendation that it be
adopted; but under the original double committee reference first
be referred to the Committee on Rules.
Respectfully submitted,
Erik P. Wells,
Chair.
The resolution, under the original double committee
reference, was then referred to the Committee on Rules.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2418, Relating to exempting
certain records of the Division of Corrections and Regional Jail
Authority from the Freedom of Information Act that, if released,
could aid inmates in committing unlawful acts.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2418) contained in the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2419, Providing inmates a
reduction in sentence for completion of education and
rehabilitation programs.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2419) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 2530, Relating to further
defining professional student support personnel.
And has amended same.
Eng. Com. Sub. for House Bill No. 2832, Relating to critical skills evaluations for students in grades three and eight.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 2836, School Innovation
Zones Act.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Robert H. Plymale,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of Engrossed Committee Substitute for
House Bill Nos. 2530 and 2836 contained in the foregoing report
from the Committee on Education.
At the request of Senator Plymale, unanimous consent being
granted, the bills were each taken up for immediate consideration,
read a first time and ordered to second reading.
At the request of Senator Plymale, unanimous consent being
granted, Engrossed Committee Substitute for House Bill No. 2832
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 Finance, with amendments from the Committee on Education pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2541, Including poultry among those
domesticated farm animals or stock which the owner shall be liable
for damages caused by those animals
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V, Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2541) contained in the preceding
report from the Committee on the Judiciary was taken up for
immediate consideration, read a first time and ordered to second
reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2690, Updating language
pertaining to indemnity for the death of diseased or infected
animals.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2690) 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 Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 2747, Creating a temporary
reinvestment fee for health insurers, third party administrators
and others.
And,
Eng. House Bill No. 3047, Clarifying that the Director of the
Public Employees Insurance Agency is authorized to enter into
capitated provider arrangements for provision of primary health
care 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.
The bills, 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
Eng. Com. Sub. for House Bill No. 2868, West Virginia
Children with Autism Trust Act.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2868) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with amendments
from the Committee on the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2869, Lengthening the time
frame for the filing of post-primary and post general campaign financial statements.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2869) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. House Bill No. 2967, Encouraging teachers who have
achieved a National Board for Professional Teaching Standards
certificate to renew their certifications when they expire after
ten years, and continuing the salary bonus for renewed
certificates.
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.
At the request of Senator Plymale, unanimous consent being granted, the bill (Eng. H. B. No. 2967) 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 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
Eng. Com. Sub. for House Bill No. 2968, Requiring the State
Fire Commission to establish safety standards for liquefied
petroleum gas systems.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2968) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time and ordered to
second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 2976, Requiring the State Fire Commission to promulgate rules pertaining to the State
Building Code.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 2976) contained in
the preceding report from the Committee on the Judiciary was taken
up for immediate consideration, read a first time, ordered to
second reading and, under the original double committee reference,
was then referred to the Committee on Finance, with an amendment
from the Committee on the Judiciary pending.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. House Bill No. 2981, Relating to primary elections and
nominating procedures of third-party candidates.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. H. B. No. 2981) 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 Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Eng. Com. Sub. for House Bill No. 3146, Relating to seniority
rights for school service personnel.
And has amended same.
And,
Eng. House Bill No. 3340, Relating to entry into a data state
compact among the Higher Education Policy Commission, Council for
Community and Technical College Education and State Board of
Education.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended.
Respectfully submitted,
Robert H. Plymale,
Chair.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under consideration
Eng. Com. Sub. for House Bill No. 3278, Relating to the life
and health insurance guaranty association.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original double committee
reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Minard, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3278) contained in
the preceding report from the Committee on Banking and Insurance
was taken up for immediate consideration, read a first time,
ordered to second reading and, under the original double committee
reference, was then referred to the Committee on the Judiciary,
with amendments from the Committee on Banking and Insurance
pending.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Eng. Com. Sub. for House Bill No. 3288, Relating to mental
health parity.
And has amended same.
And,
Eng. Com. Sub. for House Bill No. 3313, Allowing depositories
and banks to meet the security requirement necessary to be a
depository for boards of education by providing a letter of credit
from a federal home loan bank.
And has amended same.
And reports the same back with the recommendation that they
each do pass, as amended; but under the original double committee
references first be referred to the Committee on Finance.
Respectfully submitted,
Joseph M. Minard,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee references of the bills contained in the
foregoing report from the Committee on Banking and Insurance.
At the request of Senator Minard, unanimous consent being
granted, the bills (Eng. Com. Sub. for H. B. Nos. 3288 and 3313)
were each taken up for immediate consideration, read a first time
and ordered to second reading.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Eng. Com. Sub. for House Bill No. 3305, Relating to the
powers and duties of probation officers.
And has amended same.
And reports the same back with the recommendation that it do pass, as amended.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Kessler, unanimous consent being
granted, the bill (Eng. Com. Sub. for H. B. No. 3305) 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.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Caruth, unanimous consent being
granted, it was ordered that the Journal show had Senator Caruth
been present in the chamber on yesterday, Monday, April 6, 2009,
he would have voted "yea" on the passage of Engrossed Committee
Substitute for Senate Bill No. 263 and Engrossed Committee
Substitute for Senate Bill No. 307.
Pending announcement of meetings of standing committees of
the Senate, including the Committee on Rules,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, April 8, 2009, at 11 a.m.
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