sdj-20th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTIETH DAY
____________
Charleston, W. Va., Monday, March 2, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Father John Patrick
Mulcahy, Holy Spirit Catholic Church, Monongah, West Virginia, and
St. Anthony Catholic Church, Fairmont, West Virginia.
Pending the reading of the Journal of Friday, February 27,
2009,
On motion of Senator Bowman, 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 fourth order of business.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 13, Expanding Route 2 and Interstate 68
Authority territory.
And reports the same back with the recommendation that it do pass; but under the original double committee reference first be
referred to the Committee on Government Organization.
Respectfully submitted,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Government Organization.
Senator Wells, from the Committee on Military, submitted the
following report, which was received:
Your Committee on Military has had under consideration
Senate Bill No. 245, Requiring state participation in Yellow
Ribbon G. I. Education Enhancement Program.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended; but under the original triple committee reference
first be referred to the Committee on Education; and then to the
Committee on Finance.
Respectfully submitted,
Erik P. Wells,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Education; and then to the Committee
on Finance, with an amendment from the Committee on Military
pending.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Senate Bill No. 289, Creating WV Innovation and Development
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 289 (originating in the
Committee on Economic Development)--A Bill
to amend the Code of
West Virginia, 1931, as amended, by adding thereto a new article,
designated §5E-3-1, §5E-3-2, §5E-3-3, §5E-3-4, §5E-3-5, §5E-3-6,
§5E-3-7, §5E-3-8, §5E-3-9 and §5E-3-10; and to amend and reenact
§31-15-6 of said code, all relating to the creation of an
innovation and development program; providing a short title and
declaration of policy; setting forth purposes; providing
definitions; authorizing and directing the Economic Development
Authority to propose rules to implement its provisions and provide
for the effective and efficient administration of the program;
authorizing the authority to provide technical and professional
assistance to entrepreneurs in the state; authorizing the authority
to make qualified investments and loans; authorizing recoverable
revenue credits to private investors for investments in qualified
investment companies pursuant to rules to be promulgated by the
authority; creating a revolving fund to deposit all profits
collected by the economic development authority; and specifying
disclosure, conflict of interest and confidentiality standards for
the operation of the innovation and development program.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Richard Browning,
Chair.
The bill (Com. Sub. for S. B. No. 289), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Bill No. 356, Authorizing Commissioner of Highways
promulgate legislative rule relating to use of state road
rights-of-way and adjacent areas.
And,
Senate Bill No. 357, Authorizing Commissioner of Highways
promulgate legislative rule relating to transportation of hazardous
wastes upon roads and highways.
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,
John R. Unger II,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Mullens "Charles V. Stewart Memorial
Bridge".
Senate Concurrent Resolution No. 12, Requesting Division of
Highways name bridge in Lesage "PVT Russell Curtis Knight Memorial
Bridge".
And,
Senate Concurrent Resolution No. 13, Requesting Division of
Highways name bridge in Berkeley County "Bruce Van Wyk Memorial
Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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 Unger, Tomblin (Mr. President), Snyder, Foster, McCabe, Stollings and White:
Senate Bill No. 404--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §4-13-1, §4-13-2, §4-13-3, §4-13-4, §4-13-5, §4-13-6 and
§4-13-7, all relating to establishing a West Virginia
sesquicentennial commission and fund; membership; meetings;
compensation; powers and duties of the commission; and continuation
of the commission.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Kessler, Unger, Minard and White:
Senate Bill No. 405--A Bill to amend and reenact §48-10-401
and §48-10-402 of the Code of West Virginia, 1931, as amended, all
relating generally to jurisdiction for petitions by grandparents
for visitation of grandchild.
Referred to the Committee on the Judiciary.
By Senators Wells, Deem, Boley, Oliverio, Edgell, Green,
Foster, Stollings and Kessler:
Senate Bill No. 406--A Bill to amend and reenact §60A-11-3 of
the Code of West Virginia, 1931, as amended, relating to requiring
the Department of Health and Human Resources to provide a list of
applicable contaminated properties where clandestine drug
laboratories had operated for review on the internet by the general
public.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler and Jenkins:
Senate Bill No. 407--A Bill to amend and reenact §50-3-1 of
the Code of West Virginia, 1931, as amended, relating to
authorizing magistrate court clerks to collect a fee for preparing
an abstract of judgement in civil matters.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Minard, Jenkins, Stollings and Kessler:
Senate Bill No. 408--A Bill to repeal §33-48-11 of the Code of
West Virginia, 1931, as amended; to amend and reenact §33-48-4 of
said code; and to amend said code by adding thereto a new section,
designated §33-48-7b, all relating to the model health plan for
uninsurable individuals; removing obsolete sunset provision;
permitting the Insurance Commissioner to waive the waiting period
under certain circumstances; and authorizing the use of surpluses
to subsidize premiums.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Bowman, K. Facemyer, Guills, Prezioso, Unger and
White:
Senate Bill No. 409--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §7-18-16, relating to limitations on expending hotel
occupancy tax proceeds.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Tomblin (Mr. President) and Caruth (By Request of
the Executive):
Senate Bill No. 410--A Bill to amend and reenact §11-24-3 of
the Code of West Virginia, 1931, as amended, relating to updating
the meaning of "federal taxable income" and certain other terms
used in the West Virginia Corporation Net Income Tax Act in order
for the definitions to conform with the Internal Revenue Code's
definitions.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings, Unger and
Kessler:
Senate Bill No. 411--A Bill to amend and reenact §5-16-7 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §33-3-14e, all relating
to creating a temporary health information technology reinvestment
fee for health insurers; providing definitions; establishing
penalties for noncompliance; providing rule-making authority; and
establishing an effective date.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings and Laird:
Senate Bill No. 412--A Bill to amend and reenact §16-29H-1,
§16-29H-2, §16-29H-3, §16-29H-4 and §16-29H-5 of the Code of West
Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §16-29H-6, all relating generally
to the creation of the Governor's Office of Health Enhancement and Lifestyle Planning; setting forth legislative findings; setting
forth the powers and duties of the office; creating the position of
director; setting forth the qualifications of the director; setting
forth the powers and duties of the director; providing for staff;
requiring the development of a five-year strategic plan; providing
for legislative rule-making authority; providing for coordination
with various state agencies, departments, boards, bureaus and
commissions; and requiring reporting to the Governor and the
Legislature.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings, Barnes,
Unger and Kessler:
Senate Bill No. 413--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §11-13Z-1, relating to providing a temporary tax credit
for small group employers to cover fifty percent of the premium for
the first year times the percentage of the employees' premiums that
are paid by the employer; twenty-five percent of the premium for
the second year times the percentage of the employees' premiums
paid by the employer, establishing limits on the amount of the tax
credit; establishing the order of taxes potentially receiving the
tax credit; and determining that an employer must provide insurance
coverage for three years to be eligible.
Referred to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings, Caruth, Laird, Unger, Minard and Kessler:
Senate Bill No. 414--A Bill to amend and reenact §16-2J-2 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §16-2L-1, §16-2L-2,
§16-2L-3, §16-2L-4 and §16-2L-5, all relating generally to
establishing pilot projects for patient-centered medical homes;
setting forth legislative findings; defining terms; establishing
criteria for pilot projects for patient-centered medical homes;
defining three types of pilot projects; setting forth evaluation
criteria; and granting rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Foster, Wells, Unger and Minard:
Senate Bill No. 415--A Bill to amend and reenact §5-10-15 of
the Code of West Virginia, 1931, as amended; to amend and reenact
§15-2A-19 of said code; to amend and reenact §18-7A-17 of said
code; to amend said code by adding thereto a new section,
designated §18-7A-17a; to amend and reenact §18-7B-8a and §18-7B-11
of said code; and to amend and reenact §51-9-4 and §51-9-6 of said
code, all relating to providing up to twenty-four months of
military service credit for the time served in active military duty
to any qualified member of the West Virginia Public Employees
Retirement Act, the West Virginia State Police Retirement System,
the State Teachers Retirement System, the Teachers' Defined
Contribution Retirement System and the Retirement System for Judges
hired for the first time on or after July 1, 2009, or for any qualified member who is not vested on June 30, 2009.
Referred to the Committee on Military; then to the Committee
on Pensions; and then to the Committee on Finance.
By Senators Kessler, Jenkins and Minard:
Senate Bill No. 416--A Bill to amend and reenact §51-2A-6 of
the Code of West Virginia, 1931, as amended, relating to increasing
the salary of family court judges.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senator Foster:
Senate Bill No. 417--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §5-10E-1, §5-10E-2, §5-10E-3, §5-10E-4, §5-10E-5, §5-
10E-6, §5-10E-7, §5-10E-8, §5-10E-9, §5-10E-10, §5-10E-11 and §5-
10E-12; and to amend and reenact §36-8-13 of said code, all
relating to establishing the West Virginia Voluntary Employee
Retirement Accounts Program in the office of the State Treasurer;
establishing findings; defining terms; creating program as a body
corporate; providing for liberal construction; requiring compliance
with federal and state law; providing for plan administration;
authorizing Treasurer to propose rules; establishing participation;
requiring all federal approvals be received before operations
begin; creating trust; prohibiting assignment, except for qualified
domestic relations orders; authorizing investments; specifying that
the corpus, assets and earnings of trust do not constitute public
funds; deferring compensation from federal, state and municipal income taxes; authorizing collection of fees from accounts;
acknowledging the Legislature has no obligation to appropriate
funds; creating administration account; requiring any funds
appropriated by the Legislature be reimbursed; specifying the state
and the Treasurer are not liable for losses; specifying certain
information is confidential; requiring payroll information be
provided to the Treasurer; and providing for the transfer of money
from the Unclaimed Property Trust Fund for start-up of the program.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Com. Sub. for Senate Bill No. 239, Allowing
majority vote for certain metro government approval.
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: Bowman, Browning,
Caruth, Chafin, Deem, Edgell,
D. Facemire, K. Facemyer,
Foster,
Green, Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe,
Minard, Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings,
Unger, Wells, White, Yost and Tomblin (Mr. President)--29.
The nays were: Barnes, Boley, Sypolt and Williams--4.
Absent: Fanning--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 Com. Sub. for S. B. No. 239) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Bowman, Browning, Caruth,
Chafin, Deem, Edgell,
D. Facemire, K. Facemyer,
Foster, Green,
Guills, Hall, Helmick, Jenkins, Kessler, Laird, McCabe, Minard,
Oliverio, Palumbo, Plymale, Prezioso, Snyder, Stollings, Unger,
Wells, White, Yost and Tomblin (Mr. President)--29.
The nays were: Barnes, Boley, Sypolt and Williams--4.
Absent: Fanning--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 Com. Sub. for S. B. No. 239) takes effect from
passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 259, Clarifying certain
terminology within Courthouse Facilities Improvement Authority.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K.
Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 259) 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,
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: Fanning--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 259) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 341, Transferring juvenile
justice database administration to Supreme Court.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K.
Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 341) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 346, Correcting code reference related to
bear tagging.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K.
Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 346) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 347, Correcting code reference related to
extended supervision for certain sex offenders.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K.
Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
So, a majority of all the members present and voting having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 347) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 99, Sentencing discretion for
certain youthful offenders.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 307, Creating Maternal Screening
Act.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 403, Making supplemental appropriation from State Road Fund to Department of Transportation.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
On motion of Senator Chafin, the constitutional rule requiring
a bill to be read on three separate days was suspended by a vote of
four fifths of the members present, taken by yeas and nays.
On suspending the constitutional rule,
the yeas were: Barnes,
Boley, Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire,
K. Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins,
Kessler, Laird, McCabe, Minard, Oliverio, Palumbo, Plymale,
Prezioso, Snyder, Stollings, Sypolt, Unger, Wells, White, Williams,
Yost and Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
The bill was read a second time and ordered to engrossment and
third reading.
Engrossed Senate Bill No. 403 was then read a third time and
put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Caruth, Chafin, Deem, Edgell,
D. Facemire, K.
Facemyer,
Foster, Green, Guills, Hall, Helmick, Jenkins, Kessler,
Laird, McCabe, Minard, Oliverio, Palumbo, Plymale, Prezioso,
Snyder, Stollings, Sypolt, Unger, Wells, White, Williams, Yost and
Tomblin (Mr. President)--33.
The nays were: None.
Absent: Fanning--1.
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. 403) 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,
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: Fanning--1.
So, two thirds of all the members elected to the Senate having
voted in the affirmative, the President declared the bill (Eng. S.
B. No. 403) takes effect from passage.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senator Stollings.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Fanning.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Tuesday, March 3, 2009, at 11 a.m.
____________
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