sdj-21st day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2009
TWENTY-FIRST DAY
____________
Charleston, W. Va., Tuesday, March 3, 2009
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Dr. Frank Frye, Madison United Methodist
Church, Madison, West Virginia.
Pending the reading of the Journal of Monday, March 2, 2009,
On motion of Senator Oliverio, 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.
On motion of Senator Chafin, the Senate recessed for five
minutes to permit Sarah Abbot to address the Senate on behalf of
the Governor's School for the Arts and Benjamin Becker to address
the Senate on behalf of the Governor's Honors Academy.
Upon expiration of the recess, the Senate reconvened and
proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2694--A Bill to amend the Code of West Virginia, 1931, as amended, by adding thereto two new
sections, designated §48-1-233.3 and §48-1-233.4; to amend said
code by adding thereto a new section, designated §48-9-404; to
amend and reenact §48-11-106 of said code; and to amend said code
by adding thereto a new section, designated §48-11-108, all
relating to modification of custodial rights for parent's have been
deployed for military service; requiring that any such order is
only a temporary order; providing for temporary modification of
child support during the deployment.
Referred to the Committee on Military; and then to the
Committee on the Judiciary.
A message from The Clerk of the House of Delegates announced
the passage by that body and requested the concurrence of the
Senate in the passage of
Eng. Com. Sub. for House Bill No. 2738--A Bill to amend and
reenact §48-27-802 of the Code of West Virginia, 1931, as amended;
and to amend and reenact §51-1-21 of said code, all relating to
registering protective orders with the West Virginia Supreme Court
of Appeals.
Referred to the Committee on the Judiciary.
The Senate 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. 78, Relating to Patriot Guard Riders license plate.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 78 (originating in the Committee
on Transportation and Infrastructure)--A Bill to amend and reenact
§17A-3-14 of the Code of West Virginia, 1931, as amended, relating
to extending the time period for obtaining the minimum number of
applications for a special registration plate for members of the
West Virginia Bar Association; authorizing the Division of Motor
Vehicles to create and issue a Patriot Guard Riders license plate
for passenger vehicles and motorcycles; authorizing the division to
create and issue a special registration plate bearing the
inscription "In God We Trust"; authorizing the division to create
and issue a special license plate for registered nurses and
licensed practical nurses; authorizing the division to create and
issue a special license plate for volunteer firefighters; and
assessing a special initial application fee and a special annual
fee for the license plates.
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,
John R. Unger II,
Chair.
The bill (Com. Sub. for S. B. No. 78), under the original
double committee reference, was then referred to the Committee on Finance.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 253, Relating to certain sexual offenses by or
against inmates.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 253 (originating in the
Committee on the Judiciary)--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §61-8B-10a; and to amend and reenact §62-8-1 and §62-8-2
of said code, all relating to offenses by inmates and against
inmates generally; creating offenses of sexual assault or sexual
intrusion by or against an inmate; creating the offense of sexual
intercourse or sexual intrusion by a visitor to a correctional or
penal facility with an inmate; and establishing penalties.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 263, Disclosing certain inmates' personal
communications.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 263 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §25-1-17
and §25-1-18 of the Code of West Virginia, 1931, as amended, all
relating to monitoring of inmate telephone calls and mail;
procedures and restrictions; authorizing disclosure under certain
circumstances; and providing for retention, maintenance and
destruction of telephone recordings and mail.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 294, Defining criminal offense of
incapacitated or elderly person's abuse or neglect.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 294 (originating in the
Committee on the Judiciary)--A Bill to amend and reenact §61-2-29
of the Code of West Virginia, 1931, as amended; and to amend said
code by adding thereto three new sections, designated §61-2-29a,
§61-2-29b and §61-2-29c, all relating to protecting incapacitated
persons by providing criminal penalties for the offense of abuse or neglect of incapacitated adults which result in injury or death;
providing definitions; and creating the offense of sexual abuse by
a caregiver, guardian or custodian.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Foster, from the Committee on Pensions, submitted the
following report, which was received:
Your Committee on Pensions has had under consideration
Senate Bill No. 417, Establishing Voluntary Employee
Retirement Accounts Program.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 417 (originating in the
Committee on Pensions)--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;
creating administration account; requiring that 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.
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,
Dan Foster,
Chair.
The bill (Com. Sub. for S. B. No. 417), under the original
double committee reference, was then referred to the Committee on
Finance.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senator Jenkins:
Senate Bill No. 418--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-13-13a, relating to requirements for municipalities
when they implement or increase a municipal fee.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Foster, Stollings and Jenkins:
Senate Bill No. 419--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-1E-6, relating to the Healthy West Virginia Program;
initiating the Healthy Lifestyles Restaurant Calorie Posting
Program; and providing for legislative rule-making authority.
Referred to the Committee on Health and Human Resources.
By Senators Prezioso, Foster, Stollings, Kessler, Jenkins and
McCabe:
Senate Bill No. 420--A Bill to amend and reenact §11-17-3 of
the Code of West Virginia, 1931, as amended, relating generally to
raising the excise tax on cigarettes and all other tobacco
products; and establishing a special revenue account.
Referred to the Committee on Finance.
By Senators D. Facemire, Minard, Laird and Jenkins:
Senate Bill No. 421--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §48-9-404, relating to modifying a child custody and
support order due to military service.
Referred to the Committee on Military; and then to the Committee on the Judiciary.
By Senator Jenkins:
Senate Bill No. 422--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §18-5B-1, §18-5B-2, §18-5B-3, §18-5B-4, §18-5B-5,
§18-5B-6, §18-5B-7, §18-5B-8, §18-5B-9, §18-5B-10, §18-5B-11,
§18-5B-12, §18-5B-13, §18-5B-14, §18-5B-15, §18-5B-16, §18-5B-17,
§18-5B-18 and §18-5B-19, all relating to public education; and
authorizing public colleges or universities to sponsor community
schools in cooperation with county boards of education.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senators Kessler, Foster and Wells:
Senate Bill No. 423--A Bill to amend and reenact §48-27-311,
§48-27-505, §48-27-701, §48-27-902, §48-27-903 and §48-27-1002 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto two new sections, designated §48-27-1003 and
§48-27-1004, all relating to authorizing circuit clerks to use
certified or registered mail for service of a protective order;
requiring magistrate court clerks to forward a copy of protective
orders to state and federal agencies; providing that law
enforcement attempt to serve protective orders within seventy-two
hours of issuance; authorizing a petitioner to file a criminal
complaint when a respondent possesses firearms in violation of a
protective order; providing a criminal penalty for possessing
firearms in violation of a protective order; providing for nonjudicial enforcement of state protective orders; and providing
civil and criminal immunity to law-enforcement officers for acts or
omissions arising out of the enforcement of a protective order.
Referred to the Committee on the Judiciary.
By Senators Minard and Jenkins:
Senate Bill No. 424--A Bill to amend and reenact §31A-4A-1,
§31A-4A-2, §31A-4A-3 and §31A-4A-4 of the Code of West Virginia,
1931, as amended, all relating to the conversion of banks and other
financial institutions to a West Virginia state-chartered bank; and
expanding the law to allow charter types to use the conversion
statute.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Jenkins and Deem:
Senate Bill No. 425--A Bill to amend and reenact §46A-4-111 of
the Code of West Virginia, 1931, as amended, relating to requiring
disclosure of a higher annual percentage rate in any refinancing or
consolidation of a nonrevolving consumer loan or consumer credit
sale; and requiring a documentation of a reasonable, net tangible
benefit to the borrower of any refinancing or consolidation of a
nonrevolving consumer loan or consumer credit sale made under this
article that is secured by residential real estate.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Wells, Sypolt, K. Facemyer, Green, Laird and
Williams:
Senate Bill No. 426--A Bill to amend and reenact §33-20F-9 of
the Code of West Virginia, 1931, as amended, relating to requiring
providers with insurance coverage under the Physicians' Mutual
Insurance Company to accept Tricare military insurance as a
condition of Physicians' Mutual Insurance Company.
Referred to the Committee on Military; and then to the
Committee on Banking and Insurance.
By Senators Jenkins, Bowman and Stollings:
Senate Bill No. 427--A Bill to amend and reenact §30-3-7 of
the Code of West Virginia, 1931, as amended, relating to updating
language and making technical changes clarifying that the Board of
Medicine is an autonomous board which may hire its employees at the
board's will and pleasure; and providing for continuation of
employment and coverage under the classified service of the
Division of Personnel for current employees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Bowman and Snyder:
Senate Bill No. 428--A Bill to amend and reenact §6-7-2a of
the Code of West Virginia, 1931, as amended, relating to
eliminating the statutorily set salary of the Director of the
Division of Personnel so the pay of the director can be made
competitive.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Prezioso, Foster, Jenkins, Stollings and Laird:
Senate Bill No. 429--A Bill to amend and reenact §16-1A-1,
§16-1A-2, §16-1A-3 and §16-1A-4 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §16-1A-5, all relating to establishing a uniform
credentialing form and establishing a single statewide
credentialing verification organization (CVO) or no greater than
three regional entities in the state; authorizing the Insurance
Commission and the Department of Health and Human Resources to put
the CVO out for bid; establishing various aspects of the program;
requiring all health care practitioners and insurers, hospitals,
third-party administrators and other health care entities to
utilize the services of the single statewide CVO or a regional
entity; and continuing the advisory committee for credentialing.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Helmick and McCabe:
Senate Bill No. 430--A Bill to amend and reenact §5-16-5 of
the Code of West Virginia, 1931, as amended, relating to the
prohibition of retiree premium subsidies in the Public Employees
Insurance Agency health plans for employees hired on or after
January 1, 2010.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Minard, Helmick, McCabe and Barnes:
Senate Bill No. 431--A Bill to amend and reenact §33-16D-16 of
the Code of West Virginia, 1931, as amended, relating to notice to in-state medical providers of the participation provisions of the
small group health benefit plan.
Referred to the Committee on Banking and Insurance; and then
to the Committee on Finance.
By Senators Kessler, Unger, Boley, Snyder and Yost:
Senate Bill No. 432--A Bill to amend and reenact §8-14-11 of
the Code of West Virginia, 1931, as amended, relating to the
ability of Class I and Class II cities to terminate law-enforcement
officers prior to the end of their probationary period.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
Senators Prezioso, Foster, Barnes and Unger offered the
following resolution:
Senate Resolution No. 18--Designating March 1-7, 2009, as
National Problem Gambling Awareness Week in West Virginia.
Whereas, On behalf of the citizens of West Virginia, the
Senate joins the West Virginia Council on Problem Gambling and the
Problem Gamblers Help Network of West Virginia in promoting March
1-7, 2009, as National Problem Gambling Awareness Week in West
Virginia; and
Whereas, Promoting the awareness week provides individuals in
the problem gambling community an opportunity to educate the public
and policymakers about the social and financial effectiveness of
services available for problem gambling; and
Whereas, Problem gambling is a public health issue affecting
millions of Americans of all ages, races and ethnic backgrounds in all communities and which has a significant societal and economic
cost; and
Whereas, Problem gambling is treatable and treatment is
effective in minimizing the harm to both individuals and society as
a whole; and
Whereas, Numerous individuals, professionals and organizations
have dedicated their efforts to the education of the public about
problem gambling and the availability and effectiveness of
treatment; and
Whereas, The legislators of West Virginia, the West Virginia
Council on Problem Gambling and the Problem Gamblers Help Network
of West Virginia invite all residents of West Virginia to
participate in National Problem Gambling Awareness Week; therefore,
be it
Resolved by the Senate:
That the Senate hereby designates March 1-7, 2009, as National
Problem Gambling Awareness Week in West Virginia; and, be it
Further Resolved, That the Senate joins the West Virginia
Council on Problem Gambling and the Problem Gamblers Help Network
of West Virginia in encouraging all citizens to help spread the
message that there is help for problem gamblers through treatment
and to support those who are in treatment and recovery and their
families.
At the request of Senator Prezioso, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 8, Requesting Division of
Highways name bridge in Mullens "Charles V. Stewart Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 12, Requesting Division of
Highways name bridge in Lesage "PVT Russell Curtis Knight Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Senate Concurrent Resolution No. 13, Requesting Division of
Highways name bridge in Berkeley County "Bruce Van Wyk Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk.
The question being on the adoption of the resolution, the same
was put and prevailed.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 99, Sentencing discretion
for certain youthful 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, 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 present and voting having
voted in the affirmative, the President declared the bill (Eng.
Com. Sub. for S. B. No. 99) 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. 307, Creating Maternal Screening
Act.
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 eleventh order of business and the introduction of guests.
The Senate then proceeded to the twelfth order of business.
Remarks were made by Senators Deem and Oliverio.
Thereafter, at the request of Senator Boley, and by unanimous
consent, the remarks by Senator Deem were ordered printed in the
Appendix to the Journal.
At the request of Senator Jenkins, unanimous consent being
granted, the remarks by Senator Oliverio were ordered printed in
the Appendix to the Journal.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, March 4, 2009, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
