sdj-29th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
TWENTY-NINTH DAY
____________
Charleston, W. Va., Wednesday, February 10, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Todd Wright, Village Chapel
Presbyterian Church, Charleston, West Virginia. John Marshall Fife
and Drum Corps of Marshall University performed a selection of
songs, including "The Star-Spangled Banner".
Pending the reading of the Journal of Tuesday, February 9,
2010,
On motion of Senator Helmick, 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 Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Com. Sub. for Senate Bill No. 38, Creating WV Servicemembers Civil Relief Act.
And reports the same back with the recommendation that it do
pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Fanning, from the Committee on Natural Resources,
submitted the following report, which was received:
Your Committee on Natural Resources has had under
consideration
Senate Bill No. 79, Limiting certain parks and recreation
entities' liability.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 79 (originating in the Committee
on Natural Resources)--A Bill
to amend the Code of West Virginia,
1931, as amended, by adding thereto a new section, designated §7-
11-5a; to amend said code by adding thereto a new section,
designated §8-21-10a; to amend and reenact §19-25-3 of said code;
to amend and reenact §20-4-5 of said code; and to amend said code
by adding thereto a new section, designated §20-5-3a, all relating
to limiting liability for parks and recreation; limiting the
liability of the section of Parks and Recreation of the Division of
Natural Resources, county parks and recreation commissions, boards of parks and recreation commissioners, any officer or agent of a
nonprofit state park or forest foundation; limiting the liability
of owners of land used for public parks and recreation purposes
under an agreement with any of the foregoing entities without
remuneration; and limiting the liability of equestrians.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on the Judiciary.
Respectfully submitted,
John Pat Fanning,
Chair.
The bill (Com. Sub. for S. B. No. 79), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Kessler, from the Committee on the Judiciary,
submitted the following report, which was received:
Your Committee on the Judiciary has had under consideration
Senate Bill No. 218, Providing for early parole eligibility
for certain inmates.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 218 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §62-12-13
of the Code of West Virginia, 1931, as amended, relating to powers and duties of the board of parole; eligibility for parole; changing
when an inmate's written parole release plan may be prepared and
considered; procedures for granting parole; accelerated parole
eligibility for certain inmates who complete a rehabilitation
treatment plan created with the assistance of a standardized risk
and needs assessment; authorizing the Division of Corrections to
promulgate policies and procedures related to accelerated parole
eligibility; authorizing board of parole to contingently grant
parole allowing board of parole to consider inmates for parole who
have certain detainers pending against them; reducing the period
for parole reconsideration; making technical corrections; making
effective date for provisions related to parole release plans
effective from passage; and creating an internal effective date of
January 1, 2011, for other amendments to the section.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Browning, from the Committee on Economic Development,
submitted the following report, which was received:
Your Committee on Economic Development has had under
consideration
Com. Sub. for Senate Bill No. 236 (originating in the
Committee on Agriculture), Creating Aquaculture Development Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Com. Sub. for Senate Bill No. 236 (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 §19-32-1, §19-32-2, §19-32-3, §19-32-4 and §19-
32-5, all relating to promoting aquacultural development in West
Virginia; creating the Aquaculture Development Act; providing
definitions; setting forth legislative findings and purpose;
setting forth the powers and duties of the Department of
Agriculture; creating the Aquaculture Advisory Board; and setting
forth the duties of the board.
With the recommendation that the committee substitute for
committee substitute do pass.
Respectfully submitted,
Richard Browning,
Chair.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 247, Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to continuing
education.
And has amended same.
Senate Bill No. 249, Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to
qualifications, training, examination and licensure of instructors
in barbering and beauty culture.
And has amended same.
Senate Bill No. 251, Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to operation of
barber, beauty shops and schools of barbering and beauty culture.
And has amended same.
Senate Bill No. 262, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to marriage and
family license renewal and continuing professional education.
And has amended same.
Senate Bill No. 264, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to licensed
professional counselor license renewal and continuing professional
education requirements.
And has amended same.
Senate Bill No. 304, Authorizing Board of Occupational Therapy
promulgate legislative rule relating to administrative rules of
board and licensure of occupational therapists and occupational
therapy assistants.
And has amended same.
Senate Bill No. 306, Authorizing Board of Occupational Therapy
promulgate legislative rule relating to continuing education and
competence.
And has amended same.
Senate Bill No. 307, Authorizing Board of Occupational Therapy
promulgate legislative rule relating to competency standards for
advance practice by occupational therapists and occupational
therapy assistants.
And has amended same.
Senate Bill No. 308, Authorizing Board of Occupational Therapy
promulgate legislative rule relating to ethical standards of
practice.
And has amended same.
And,
Senate Bill No. 309, Authorizing Board of Osteopathy
promulgate legislative rule relating to licensing procedures for
osteopathic physicians.
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.
The bills, 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 Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 252, Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to schedule of
fees.
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 Finance; and then to the
Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
referred to the Committee on Finance; and then to the Committee on
the Judiciary, with an amendment from the Committee on Government
Organization pending.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 297, Authorizing State Board of Examiners for
Licensed Practical Nurses promulgate legislative rule relating to
policies and procedures for development and maintenance of
educational programs in practical nursing.
And reports the same back with the recommendation that it do
pass; but under the original triple committee reference first be
referred to the Committee on the Judiciary.
Respectfully submitted,
Edwin J. Bowman,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary.
Senator Bowman, from the Committee on Government Organization,
submitted the following report, which was received:
Your Committee on Government Organization has had under
consideration
Senate Bill No. 310, Authorizing Board of Osteopathy
promulgate legislative rule relating to formation and approval of
professional limited liability companies.
Senate Bill No. 319, Authorizing Board of Examiners for
Speech-Language Pathology and Audiology promulgate legislative rule
relating to licensure of speech-pathology and audiology.
Senate Bill No. 415, Authorizing Board of Psychologists
promulgate legislative rule relating to qualifications for
licensure as psychologist or school psychologist.
And,
Senate Bill No. 416, Authorizing State Police promulgate
legislative rule relating to State Police Career Progression
System.
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.
The bills, 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
Senate Bill No. 329, Creating Herbert Henderson Office of
Minority Affairs.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 329 (originating in the
Committee on the Judiciary)--A Bill
to amend the Code of West Virginia, 1931, as amended,
by adding thereto a new article,
designated §5-26-1 and §5-26-2, all relating to the creation of the
Herbert Henderson Office of Minority Affairs; defining minority;
establishing the powers and duties of the office; providing for an
executive director, staff and office; requiring annual reports to
the Governor and the Joint Committee on Government and Finance; and
creating a Minority Affairs Fund.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 329), 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. 337, Requiring Racetrack Video Lottery Fund be
used for certain payments.
And reports the same back with the recommendation that it do
pass; but under the original double committee reference first be
referred to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 343, Increasing minimum age for ending
compulsory school attendance.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 343 (originating in the
Committee on Education)--A Bill
to amend and reenact §18-8-1, §18-
8-1a and §18-8-4 of the Code of West Virginia, 1931, as amended,
all relating to compulsory school attendance; increasing the
minimum age for ending compulsory school attendance to age
seventeen; and reducing to five the number of days of unexcused
absences at which proceedings to enforce attendance begin.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Robert H. Plymale,
Chair.
On motion of Senator Plymale, the bill (Com. Sub. for S. B. No. 343) contained in the foregoing report from the Committee on
Education 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. 389, Relating to eligibility of certain felons
to receive certain federally funded benefits.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 389 (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 §9-5-21; and to amend said code by adding thereto a new
section, designated §9-9-23, all relating to opting out of the 21
U. S. C. §862a restriction concerning the eligibility of certain
persons from receiving the benefits of certain federally funded
programs.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be refereed
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
The bill (Com. Sub. for S. B. No. 389), under the original double committee reference, was then referred to the Committee on
Finance.
Senator Plymale, from the Committee on Education, submitted
the following report, which was received:
Your Committee on Education has had under consideration
Senate Bill No. 391, Relating to county board of education
members' eligibility.
And has amended same.
And reports the same back with the recommendation that it do
pass, as amended.
Respectfully submitted,
Robert H. Plymale,
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. 397, Creating single dwelling residential
housing index and multiplier.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 397 (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 §11-1-2b, relating to creating a single dwelling residential housing index and multiplier; requirements for the Tax
Commissioner; contents of the index and multiplier; and reporting
requirement.
With the recommendation that the committee substitute do pass;
but under the original double committee reference first be referred
to the Committee on Finance.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
At the request of Senator Helmick, as chair of the Committee
on Finance, unanimous consent was granted to dispense with the
second committee reference of the bill contained in the foregoing
report from the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 406, Authorizing Directors of WV Health
Insurance Plan promulgate legislative rule relating to premium
subsidy.
Senate Bill No. 407, Authorizing Directors of WV Health
Insurance Plan promulgate legislative rule relating to preexisting
conditions exclusion.
Senate Bill No. 409, Authorizing Insurance Commissioner promulgate legislative rule relating to variable life insurance.
Senate Bill No. 410, Authorizing Insurance Commissioner
promulgate legislative rule relating to annuity disclosure.
Senate Bill No. 411, Authorizing Insurance Commissioner
promulgate legislative rule relating to Medicare supplement
insurance.
And,
Senate Bill No. 413, Authorizing Insurance Commissioner
promulgate legislative rule relating to preventive care pilot
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,
Joseph M. Minard,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on the Judiciary.
Senator Minard, from the Committee on Banking and Insurance,
submitted the following report, which was received:
Your Committee on Banking and Insurance has had under
consideration
Senate Bill No. 412, Authorizing Insurance Commissioner
promulgate legislative rule relating to coordination of health benefits.
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.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Banking and Insurance pending.
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. 438, Creating misdemeanor offenses of driving
while using text-based message device.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary, with amendments
from the Committee on Transportation and Infrastructure pending.
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 Bowman, McCabe, Stollings and Plymale:
Senate Bill No. 520--A Bill to amend and reenact §5A-2-33 of
the Code of West Virginia, 1931, as amended, relating to the
financial accounting and reporting section of the Finance Division
of the Department of Administration; and the powers and duties of
the comptroller to give the authority to take actions necessary to
require audited and unaudited agencies to comply with the deadlines
set forth for the preparation of the comprehensive annual financial
report.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Minard:
Senate Bill No. 521--A Bill to repeal §51-10-8 of the Code of
West Virginia, 1931, as amended; and to amend said code by adding
thereto a new section, designated §33-2-23, relating to
qualifications of professional bondsmen in criminal cases; and
removing professional bondsmen in criminal cases from regulation and administration by the Supreme Court of Appeals and transferring
this responsibility to the Insurance Commissioner.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senators Caruth, Barnes, Bowman and Kessler:
Senate Bill No. 522--A Bill to amend and reenact §49-2B-8 of
the Code of West Virginia, 1931, as amended, relating to
authorizing Federal Bureau of Investigation criminal history record
checks for child welfare agencies.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Minard, D. Facemire and Kessler:
Senate Bill No. 523--A Bill to amend and reenact §9-2-9 of the
Code of West Virginia, 1931, as amended, relating to directing the
Secretary of the Department of Health and Human Resources to make
recommendations relating to seeking a Medicaid waiver for patients
with traumatic brain injury.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Prezioso, Stollings, Foster, Hall, Jenkins,
Minard, Caruth, White, Unger and Plymale:
Senate Bill No. 524--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §30-7-20, relating to the development of a pilot program for unlicensed persons to administer medications in a nursing home
by the Board of Registered Professional Nurses.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Minard, D. Facemire, Williams, Foster, Kessler and
Plymale:
Senate Bill No. 525--A Bill to amend and reenact §20-5-5 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §20-5-5a, all relating
to parks and recreation; and authorizing the issuance of park
development revenue bonds for the purpose of keeping state parks in
or exceeding compliance with the Americans with Disabilities Act.
Referred to the Committee on Natural Resources; and then to
the Committee on Finance.
By Senators Fanning, Edgell, White, Sypolt and Unger:
Senate Bill No. 526--A Bill finding and declaring certain
claims against the state and its agencies to be moral obligations
of the state; and directing the Auditor to issue warrants for the
payment thereof.
Referred to the Committee on Finance.
By Senator Unger:
Senate Bill No. 527--A Bill to amend and reenact §29-18-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new section, designated §29-18-25, all relating to powers, duties and responsibilities of the West Virginia State
Rail Authority; requiring the authority to establish a state plan
for transportation and local rail services; and providing what the
state plan may include.
Referred to the Committee on Transportation and
Infrastructure; and then to the Committee on Finance.
By Senators Prezioso, Jenkins, Oliverio, Foster and Kessler:
Senate Bill No. 528--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §16-29C-1, §16-29C-2, §16-29C-3, §16-29C-4 and §16-29C-
5, all relating to the creation of the Commission on the Scope of
Practice in Health Care Delivery; setting forth legislative
findings; establishing the membership of the commission;
designating a chairperson for the commission; setting forth the
qualifications of commission members; establishing the purpose of
the commission; setting forth the powers and duties of the
commission; setting forth reporting requirements of the commission;
requiring an annual report; establishing factors for consideration
in making recommendations regarding scope of practice; setting
forth applicability to specific professions and occupations; and
granting legislative rule-making authority.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Government Organization.
By Senators Edgell, White, Barnes, Kessler and Wells:
Senate Bill No. 529--A Bill to amend and reenact §22-6-6 of
the Code of West Virginia, 1931, as amended; and to amend said code
by adding thereto a new article, designated §22-6A-1, §22-6A-2,
§22-6A-3, §22-6A-4, §22-6A-5, §22-6A-6, §22-6A-7, §22-6A-8, §22-6A-
9 and §22-6A-10, all relating to creating the Surface Owners'
Rights Recognition Act; protecting the rights of surface owners of
property where oil or gas wells are to be located; making
legislative findings; requiring oil and gas operators to give
notice of planned work and its impact upon the property before
entry is made; setting forth notice requirements; prohibiting
waivers; providing exceptions; setting forth civil penalties; and
requiring separate bonds to be posted.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on the Judiciary.
By Senators Boley, White and Bowman:
Senate Bill No. 530--A Bill to amend and reenact §16-3-4 of
the Code of West Virginia, 1931, as amended, relating to requiring
all children entering school in the state to demonstrate that they
have been immunized against diphtheria, polio, rubeola, rubella,
tetanus and whooping cough; providing medical and nonmedical
exemptions; providing the temporary suspension of an exemption
during health emergencies; requiring school personnel to notify
identified officials of anyone coming into a school who has not
been immunized; and granting the Commissioner of the Bureau for Public Health with rule-making authority.
Referred to the Committee on Education; and then to the
Committee on Health and Human Resources.
By Senators Bowman, Oliverio and Plymale:
Senate Bill No. 531--A Bill to amend and reenact §29-24-5 of
the Code of West Virginia, 1931, as amended, relating to amending
the meeting requirements of the Technology-Related Assistance
Revolving Loan Fund for Individuals With Disabilities Board from
four times per year to as necessary.
Referred to the Committee on Health and Human Resources; and
then to the Committee on Finance.
By Senators Kessler and Chafin:
Senate Bill No. 532--A Bill to repeal §44-2-2 and §44-2-3 of
the Code of West Virginia, 1931, as amended, relating to removing
the provisions requiring fiduciary commissioners to publish notice.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
By Senators Kessler, Unger, Minard, Chafin and Plymale:
Senate Bill No. 533--A Bill to amend and reenact §61-8D-5 of
the Code of West Virginia, 1931, as amended, relating to conforming
the statutory language of subsection (b) of the statute to the
title of the statute by embodying in subsection (b) that the
offense may be committed by "allowing" the described sexual abuse;
and preserving prior law.
Referred to the Committee on the Judiciary.
By Senators Kessler, Unger, Barnes, Laird, Browning, Minard
and Chafin:
Senate Bill No. 534--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §60A-4-410a, relating to mandating practitioners to
report suspected prescription fraud involving controlled substances
to law-enforcement agencies; penalty; and immunity.
Referred to the Committee on Health and Human Resources; and
then to the Committee on the Judiciary.
By Senators Kessler, Unger, Laird and Oliverio:
Senate Bill No. 535--A Bill to amend and reenact §17C-5-2 of
the Code of West Virginia, 1931, as amended, relating to making a
conviction for fleeing a vehicle after a law-enforcement officer
has directed the vehicle to stop and whose fleeing occupant is
under the influence of alcohol, controlled substances or drugs at
the time to be an underlying conviction as a second, third or
subsequent offense for criminal penalty purposes.
Referred to the Committee on the Judiciary.
Senators Prezioso, Jenkins, Barnes, Foster and Plymale offered
the following resolution:
Senate Concurrent Resolution No. 27--
Amending the Joint Rules
of the Senate and House of Delegates.
Resolved by the Legislature of West Virginia:
That the Joint Rules of the Senate and House of Delegates be
amended by adding thereto a new rule, designated Joint Rule No. 32,
to read as follows:
Joint Committee on Scope of Medical Practice:
32. (a) All scope of practice related legislation introduced
in either house of the Legislature shall be referred to the
standing committee on Health and Human Resources in addition to any
other reference the presiding officer may designate. Upon
reference of any scope of practice related legislation, the
committee shall forward such legislation to the Commission on Scope
of Practice who shall return recommendations regarding the merit of
the legislation to the committee prior to the committee's
consideration of such legislation.
(b) The commission shall make a continuing study and
investigation of scope of practice of all health care and medical
fields functioning in the state. The powers and duties of the
commission regarding scope of practice include, but are not limited
to, the following:
(1) Studying the expansion or limitation of the scope of
medical practice of all health care fields functioning in West
Virginia;
(2) Making recommendations on the merits of expanding or
limiting the various scope of practices of all health related and
medical fields functioning within the state following receipt of recommendation of the Commission on Scope of Practice;
(3) Analyzing each item of proposed scope of practice
legislation, including amendments thereto, with particular
reference to analysis as to safety, medical necessity, and
adherence to sound medical guidelines and policy, and reporting of
its findings in regard thereto to the Legislature; and
(4) Maintaining reference materials concerning scope of
practice matters, including, without limitation, information as to
laws and systems in other states.
(c) The Legislature may not consider any legislation that
would modify the scope of practice of medical or health care field
without first obtaining recommendations from the Commission on
Scope of Practice. Upon receipt of a recommendation from the
Commission on Scope of Practice, the committee may adopt the
recommendation, reject the recommendation or amend it as the
committee deems necessary in the public interest.
(d) This rule may be suspended by the adoption of a resolution
by two-thirds of the membership of each house providing for the
suspension of the rule.
Which, under the rules, lies over one day.
Senators Plymale, Tomblin (Mr. President), Jenkins, White,
Unger, Barnes, Stollings, Laird, Oliverio, Williams, Yost, Minard,
Foster, Kessler, McCabe, Prezioso, Chafin and Wells offered the
following resolution:
Senate Resolution No. 20--Designating February 10, 2010, as
"Marshall University Day".
Whereas, Marshall University is one of the state's premier
institutions of higher education; and
Whereas, Marshall University educates nearly 14,000 students
at campus locations in Huntington, Point Pleasant, South
Charleston, Beckley, Logan and Gilbert and offers degrees at the
associate, baccalaureate, master's and doctoral levels; and
Whereas, Marshall University is building a national reputation
for research in biotechnology, forensics and medicine through its
College of Science and the Joan C. Edwards School of Medicine; and
Whereas, Marshall University has established a goal of
creating new, high-value job opportunities through the Marshall
Institute for Interdisciplinary Research as part of West Virginia's
"Bucks for Brains" initiative; and
Whereas, With every dollar the state invests in Marshall
University, the University generates nearly $8 spent in the West
Virginia economy, resulting in an estimated output generated by
Marshall of $547 million per year; and
Whereas, In 2009, two native West Virginians, Mike Hamrick of
Clendenin and John "Doc" Holliday of Hurricane, enthusiastically
accepted the positions of Director of Athletics and head football
coach, respectively, at Marshall University while proudly
acknowledging their love for this great state; and,
Whereas, Since the Marshall Recreation Center opened for
business one year ago, approximately 200,000 people have taken
advantage of its services, while discovering that "Fun, Fitness and
Friendship Forever" is not just a slogan, but a way of life; and
Whereas, Full-time enrollment at Marshall University increased
nearly 3.8 percent from Fall 2008 to Fall 2009, and new freshmen
from West Virginia increased by 200 students or 16.5 percent during
that same time; and
Whereas, The Robert C. Byrd Institute for Advanced Flexible
Manufacturing is providing services to all 55 state counties and
providing expertise to more than 4,300 small and medium-sized
manufacturers that employ more than 73,000 individuals across West
Virginia; and
Whereas, The Nick J. Rahall II Appalachian Transportation
Institute of Marshall University is setting national standards in
transportation; and
Whereas, Marshall University's Health Sciences train hundreds
of West Virginians to serve as doctors, nurses, therapists and
health technicians each year; and
Whereas, Marshall University alumni number more than 90
thousand across the globe; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 10, 2010, as
"Marshall University Day"; and
Further Resolved, That the Senate hereby recognizes Marshall
University for its tremendous contributions to the state of West
Virginia; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Stephen J. Kopp, President of Marshall
University.
At the request of Senator Plymale, unanimous consent being
granted, the resolution was taken up for immediate consideration,
reference to a committee dispensed with, and adopted.
On motion of Senator Chafin, the Senate recessed for one
minute.
Upon expiration of the recess, the Senate reconvened and
resumed business under the sixth order.
Senators Chafin, Williams, Wells and Plymale offered the
following resolution:
Senate Resolution No. 21--Honoring Donald Spence for his
dedication and commitment in the field of education.
Whereas, Donald Spence is a lifelong native of Mingo County
and currently resides in Delbarton, West Virginia; and
Whereas, As a student, Donald Spence graduated as
valedictorian of Burch High School in 1981, and continued his
education at West Virginia Tech, graduating in 1984, with a
Bachelor of Science degree; and
Whereas, In 2000, Donald Spence earned a Masters degree in Educational Leadership Studies; and
Whereas, Donald Spence has accumulated 26 years of experience
in the education field, as a teacher, coach and administrator and
currently serves as the principal of Dingess Elementary School; and
Whereas, Donald Spence has a passion for the success of each
student that attends Dingess Elementary School and their well-being
and happiness is evident upon their smiling faces; and
Whereas, Under the leadership of Donald Spence, the students
at Dingess Elementary School improved their scores on a more
rigorous WESTEST, while many other schools' saw their scores drop;
and
Whereas, Donald Spence and the teachers and students at
Dingess Elementary School are a shining example to all West
Virginians of what can be accomplished through strong leadership,
positive attitudes and the desire to be the best; and
Whereas, Donald Spence is married to his beloved wife Traci,
with whom he shares the joy of their three daughters, Courtney,
Abigail and Patty; therefore, be it
Resolved by the Senate:
That the Senate hereby honors Donald Spence for his dedication
and commitment in the field of education; and, be it
Further Resolved, That the Senate commends Donald Spence for
putting his students first and preparing them for the future; and,
be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to Donald Spence.
Which, under the rules, lies over one day.
The Senate proceeded to the seventh order of business.
Senate Concurrent Resolution No. 24, Requesting DOH name
bridge in Boone County "Private First Class Edward C. Miller
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 25, Requesting DOH name
bridge in Wayne County "Master Sergeant Ernie Wallace Memorial
Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
Senate Concurrent Resolution No. 26, Requesting DOH name
bridge in Kanawha County "Private First Class Vernon L. Dillard
Memorial Bridge".
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on
Transportation and Infrastructure.
The Senate proceeded to the eighth order of business.
Eng. Com. Sub. for Senate Bill No. 380, Expanding animal fighting prohibitions.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, 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)--32.
The nays were: Fanning--1.
Absent: Caruth--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. 380) passed.
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 Senate Bill No. 380--A Bill
to amend and
reenact §61-8-19a of the Code of West Virginia, 1931, as amended;
and to amend said code by adding thereto a new section, designated
§61-8-19c, all relating to criminalizing as a felony engaging in
animal fighting; criminalizing possession, use, transport or sale
of any device to enhance an animal's fighting ability with the
intent it be so used; requiring divestiture of ownership interest
in animals of persons convicted of animal fighting violations; criminalizing wagering on animal fights; and penalties.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Senate Bill No. 405, Authorizing DEP promulgate
legislative rule relating to oil and gas wells and other wells.
On third reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Sypolt, unanimous consent being
granted, the bill was laid over one day, retaining its place on the
calendar.
Eng. Senate Bill No. 420, Denying certain retired troopers
from carrying handguns.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill, the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, 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: Caruth--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. 420) 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. 499, Changing names of certain community
and technical colleges.
On third reading, coming up in regular order, was read a third
time and put upon its passage.
On the passage of the bill,
the yeas were: Barnes, Boley,
Bowman, Browning, Chafin, Deem, Edgell, D. Facemire, 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: Caruth--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. 499) passed with its title.
Senator Chafin moved that the bill take effect from passage.
On this question, the yeas were: Barnes, Boley, Bowman,
Browning, 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)--33.
The nays were: None.
Absent: Caruth--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. 499) 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 ninth order of business.
Senate Bill No. 350, Recategorizing recycled energy as
renewable energy resource.
On second reading, coming up in regular order, was read a
second time.
The following amendment to the bill, from the Committee on
Economic Development, was reported by the Clerk and adopted:
On page nine, section three, line one hundred forty-four, by
striking out the words "not produced from corn,".
The bill (S. B. No. 350), as amended, was then ordered to
engrossment and third reading.
The Senate proceeded to the tenth order of business.
Senate Bill No. 436, Updating language relating to process of
incorporation.
On first reading, coming up in regular order, was read a first
time and ordered to second 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 Senator Prezioso.
On motion of Senator Chafin, a leave of absence for the day
was granted Senator Caruth.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Thursday, February 11, 2010, at 11 a.m.
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