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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
EIGHTIETH LEGISLATURE
REGULAR SESSION, 2012
SIXTH DAY
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Charleston, W. Va., Monday, January 16, 2012
The Senate met at 1 p.m.
(Senator Kessler, Mr. President, in the Chair.)
Prayer was offered by the Reverend Nahum Balser, Antioch
Advent Christian Church, Elkview, West Virginia.
The
Appalachian Children's Chorus, Charleston, West Virginia,
then proceeded in the singing of "My Home Among the Hills" and
"Take Me Home, Country Roads" accompanied by Olga Young on the
piano.
Pending the reading of the Journal of Friday, January 13,
2012,
On motion of Senator Jenkins, the Journal was approved and the
further reading thereof dispensed with.
The Senate proceeded to the second order of business and the
introduction of guests.
The Clerk presented a communication from the Board of
Veterinary Medicine, submitting its annual report for fiscal year
2011 as required by chapter thirty, article one, section twelve of the code of West Virginia.
Which communication and report were received and filed with
the Clerk.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Plymale, Wells, Browning, Edgell, Boley,
Stollings, Jenkins, Foster, Yost and Beach:
Senate Bill No. 186--A Bill to amend and reenact §18A-4-2,
§18A-4-5 and §18A-4-8a of the Code of West Virginia, 1931, as
amended, all relating to providing salary equity supplement
payments to teachers and service personnel in order to achieve
salary equity among the counties; specifying the amounts of those
equity supplements; requiring the Department of Education to
request additional funds if it determines the equity objective is
not being met; clarifying the amount of equity supplement to be
paid from state funds; and deleting obsolete provisions.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Stollings, Laird, Miller, Palumbo, Prezioso,
Wills, Yost and Foster:
Senate Bill No. 187--A Bill to amend and reenact §30-4-17 of
the Code of West Virginia, 1931, as amended, relating to activities that may be performed by a dental hygienist without a prior exam by
a dentist.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Plymale, Browning, Edgell and Stollings:
Senate Bill No. 188--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18B-9A-9, relating to extending certain deadlines for
mandated actions regarding higher education personnel.
Referred to the Committee on Education.
By Senators Foster, Browning, Fanning, Jenkins, Minard,
Tucker, Wills, Barnes, K. Facemyer and Stollings:
Senate Bill No. 189--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §53-8-1, §53-8-2, §53-8-3, §53-8-4, §53-8-5, §53-8-6,
§53-8-7, §53-8-8, §53-8-9, §53-8-10, §53-8-11, §53-8-12, §53-8-13,
§53-8-14, §53-8-15, §53-8-16, §53-8-17 and §53-8-18, all relating
to personal safety orders; confidentiality of proceedings; who may
file a petition; contents of petition; temporary hearing and relief
available; contents of temporary order; respondent's opportunity to
be heard; notice to respondent; final hearing and forms of relief;
modification and rescission; appeals; criminal penalties; priority
of petitions; fees and costs; service by law enforcement; rules and
forms; limitation on use of information; immunity from liability; and the sealing of records.
Referred to the Committee on the Judiciary.
By Senators Palumbo, Minard, Foster, Nohe, McCabe, Jenkins,
Klempa, Miller, Yost and Beach:
Senate Bill No. 190--A Bill to amend and reenact §11-1C-9 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §11-3-1 of said code, all relating to limiting the amount
a property reappraisal can increase over the previous amount; and
clarifying the limitation does not apply to natural resources
property.
Referred to the Committee on Finance.
By Senators Kessler (Mr. President), Stollings, Unger, Laird
and Jenkins:
Senate Bill No. 191--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §62-10A-1, §62-10A-2, §62-10A-3, §62-10A-4, §62-10A-5,
§62-10A-6, §62-10A-7, §62-10A-8, §62-10A-9, §62-10A-10, §62-10A-11,
§62-10A-12, §62-10A-13, §62-10A-14, §62-10A-15, §62-10A-16, §62-
10A-17, §62-10A-18, §62-10A-19, §62-10A-20, §62-10A-21, §62-10A-22,
§62-10A-23, §62-10A-24, §62-10A-25, §62-10A-26, §62-10A-27 and §62-
10A-28, all relating to criminal procedure; providing for the
protection of nonfamily or nonhousehold members; setting forth the
purpose of the article; defining terms; establishing jurisdiction
of magistrate and circuit courts; establishing venue for actions; establishing procedures for filing petitions, hearings, entry of
orders and contents of orders; declaring orders effective
statewide; establishing means of service of process; making
proceedings confidential; making rules of evidence applicable to
proceedings; establishing time periods for orders; prohibiting
mutual orders; establishing procedures for appeals and pursuing of
records; requiring orders be filed in domestic violence database;
limiting use of information obtained during proceedings; allowing
for civil contempt for violations of orders; creating criminal
offenses for violations of protection orders; directing Supreme
Court of Appeals to create forms; granting immunity to persons
seeking orders; orders in good faith; and establishing misdemeanor
and felony criminal penalties.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President) and Stollings:
Senate Bill No. 192--A Bill to amend and reenact §61-11-25 of
the Code of West Virginia, 1931, as amended, relating to filing a
civil petition for expungement of records relating to an arrest or
charges relating to the arrest when found not guilty of the offense
or charges have been dismissed; and providing that no filing fees
or costs be charged for processing the action.
Referred to the Committee on the Judiciary.
By Senators Kessler (Mr. President), Laird, Unger, Jenkins,
Foster, Miller and Yost:
Senate Bill No. 193--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-21-1, §18-21-2, §18-21-3 and §18-21-4, all relating
to creating a commission to develop a pilot program to help at-risk
youth in West Virginia; composition of the commission; powers and
duties of the commission; outcome recommendations for pilot
program; goals of the pilot program; and operation of the pilot
program.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Stollings, Laird, Foster, Kessler (Mr. President),
Snyder and Miller:
Senate Bill No. 194--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; to amend said code by
adding thereto a new section, designated §33-15-4k; to amend said
code by adding thereto a new section, designated §33-16-3w; to
amend and reenact §33-16E-2 of said code; to amend said code by
adding thereto a new section, designated §33-24-7l; to amend said
code by adding thereto a new section, designated §33-25-8i; and to
amend said code by adding thereto a new section, designated
§33-25A-8k, all relating generally to requiring health insurance
coverage of maternity and contraceptive services in certain
circumstances; providing maternity and contraceptive services for
all individuals participating in or receiving insurance coverage under a health insurance policy if those services are covered under
the policy; and modifying required benefits for public employees
insurance, accident and sickness insurance, group accident and
sickness insurance, hospital medical and dental corporations,
health care corporations and health maintenance organizations.
Referred to the Committee on Banking and Insurance.
By Senators Plymale, Stollings and Jenkins:
Senate Bill No. 195--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §9-4F-1, §9-4F-2, §9-4F-3, §9-4F-4, §9-4F-5, §9-4F-6,
§9-4F-7, §9-4F-8, §9-4F-9, §9-4F-10 and §9-4F-11, all relating to
improving program integrity for Medicaid and the Children's Health
Insurance Program by implementing waste, fraud and abuse
prevention, detection and recovery; legislative intent;
definitions; data verification and provider screening technology
solutions; state-of-the-art clinical code editing technology;
state-of-the-art predictive modeling and analytics technologies;
implementation of fraud investigative services combining
retrospective claims analysis and prospective waste, fraud or abuse
detection; implementation of Medicaid and Children's Health
Insurance Program claims audit and recovery services; contracting
with or using contractor selection process with information from
the Cooperative Purchasing Network; providing contract entities
with appropriate access to claims and other data; and reports required filed with the Legislature.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Stollings, Laird, Miller, Palumbo, Prezioso,
Wills, Yost, Jenkins and Foster:
Senate Bill No. 196--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §18C-3-1a, relating to providing a loan forgiveness
program for dentists and hygienists.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Laird, Foster, Edgell, Plymale, Wills, Boley,
Unger, Kessler (Mr. President) and Jenkins:
Senate Bill No. 197--A Bill to amend and reenact §18A-3-1 and
18A-3-2a of the Code of West Virginia, 1931, as amended, all
relating to authorizing teacher-in-residence programs for certain
prospective teachers in lieu of student teaching; defining teacher-
in-residence programs and providing minimum requirements; providing
use of certain funds for program support and student stipend;
creating teacher-in-residence permit and specifying conditions;
conforming sections to other provisions of law and removing
duplicative and outdated language; and authorizing counties with
comprehensive induction programs to use consistent structure for
supervision and training of student teachers.
Referred to the Committee on Education.
By Senators Stollings, Laird, Miller, Palumbo, Prezioso,
Wills, Yost, Kessler (Mr. President), Foster and Barnes:
Senate Bill No. 198--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §9-5-12a, relating to the Department of Health and Human
Resources and Medicaid; and requiring the coverage by Medicaid of
dental services for the mother of a child who is the recipient of
Medicaid services.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Unger, Prezioso, Beach, Edgell, Laird, Miller,
Foster, Hall, Palumbo, Stollings, Wells, Wills and Snyder:
Senate Bill No. 199--A Bill to amend and reenact §1-2-3 of the
Code of West Virginia, 1931, as amended, relating to the
composition of congressional districts; and providing legislative
findings.
Referred to the Select Committee on Redistricting.
By Senators Williams, K. Facemyer, Fanning, Helmick, Miller,
Stollings and Jenkins:
Senate Bill No. 200--A Bill to amend and reenact §11-13A-3b of
the Code of West Virginia, 1931, as amended, relating to
eliminating the timber severance tax for an additional three years.
Referred to the Committee on Energy, Industry and Mining; and then to the Committee on Finance.
By Senators Laird, Stollings, Foster, Miller, Palumbo,
Prezioso, Wills, Yost, Unger, Jenkins, Browning and Snyder:
Senate Bill No. 201--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §61-12A-1, §61-12A-2, §61-12A-3 and §61-12A-4, all
relating to the creation of the Unintentional Pharmaceutical Drug
Overdose Fatality Review Team under the Office of the Chief Medical
Examiner; setting forth membership of the team; setting forth
responsibilities of the team; providing for certain actions the
team may not take in exercising its duties; providing for an annual
report to the Governor and Legislature and its contents; providing
for confidentiality of the team's proceedings, records and
opinions; setting forth record-keeping requirements; requiring
other state agencies, hospitals and other health agencies to
cooperate with the team; and granting rule-making authority.
Referred to the Committee on Health and Human Resources.
The Senate proceeded to the eleventh order of business and the
introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senator Unger.
Thereafter, at the request of Senator Prezioso, and by
unanimous consent, the remarks by Senator Unger were ordered
printed in the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Unger, the Senate adjourned until
tomorrow, Tuesday, January 17, 2012, at 11 a.m.
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