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WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTY-FIRST DAY
____________
Charleston, W. Va., Friday, February 12, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by the Reverend Lowell Sparks, Matewan
Assembly of God, Matewan, West Virginia.
Pending the reading of the Journal of Thursday, February 11,
2010,
On motion of Senator Kessler, 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 Tasha Frazie to address the Senate on behalf of
the Frasure-Singleton Student Legislative Program.
Upon expiration of the recess, the Senate reconvened and
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
Senate Bill No. 175, Relating to purchase, possession, sale
and use of fireworks.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 175 (originating in the
Committee on the Judiciary)--A Bill
to repeal §11-12-86 of the Code
of West Virginia, 1931, as amended; to repeal §29-3-23, §29-3-24,
§29-3-25 and §29-3-26 of said code; and to amend said code by
adding thereto a new article, designated §29-3E-1, §29-3E-2,
§29-3E-3, §29-3E-4, §29-3E-5, §29-3E-6, §29-3E-7, §29-3E-8, §29-3E-
9, §29-3E-10, §29-3E-11, §29-3E-12, §29-3E-13, §29-3E-14, §29-3E-
15, §29-3E-16, §29-3E-17 and §29-3E-18, all relating generally to
revising, consolidating and codifying the laws relating to
fireworks; providing definitions; regulating purchase, possession,
transportation, sale and use of fireworks; providing no local
government regulation over consumer fireworks; requiring
certification, registration, bonding and permits; providing for
civil money penalties, criminal penalties and remedies;
establishing Fireworks Safety Fund and safety fee; establishing
Fire Marshal Fireworks Account; establishing West Virginia State
Firemen's Association Account and use of funds; prescribing powers
and duties of certain state agencies; providing the Fire Marshal
with rule-making and emergency rule-making powers; and requesting the Fire Marshal create and maintain an internet website.
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. 175), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 349, Requiring child care centers have written
evacuation plan.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 349 (originating in the
Committee on Health and Human Resources)--A Bill
to amend and
reenact §49-2B-3 and §49-2B-8 of the Code of West Virginia, 1931,
as amended, all relating to requiring licensed or registered child
care centers to have a written plan for evacuation in the event of
an emergency; providing for plan requirements; requiring plan distribution; and making it a point of investigation before a
license is received.
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,
Roman W. Prezioso, Jr.,
Chair.
The bill (Com. Sub. for S. B. No. 349), under the original
double committee reference, was then referred to the Committee on
the Judiciary.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 372, Updating language in WV Medical Practice
Act.
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,
Roman W. Prezioso, Jr.,
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 Health and Human Resources.
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. 476, Creating WV Innovation and Development
Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 476 (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, §5E-3-10 and §5E-3-11; 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; authorizing tax credits to investors in qualified
community development entities; 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. 476), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 493, Creating Twenty-First Century Business
Technologies Property Valuation Act.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 493 (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 §11-6K-1, §11-6K-2, §11-6K-3, §11-6K-4, §11-6K-5, §11-
6K-6 and §11-6K-7; and
to amend said code by adding thereto a new
article, designated §11-13AA-1, §11-13AA-2, §11-13AA-3, §11-13AA-4,
§11-13AA-5, §11-13AA-6, §11-13AA-7, §11-13AA-8, §11-13AA-9, §11-
13AA-10, §11-13AA-11, §11-13AA-12, §11-13AA-13, §11-13AA-14, §11-
13AA-15, §11-13AA-16, §11-13AA-17 and §11-13AA-18, all relating
generally to the West Virginia Economic Development Act of 2010,
consisting of the Twenty-First Century Business Technologies
Property Valuation Act and, as to such act,
specifying method for
valuation of certain property; providing for initial determination
by county assessors of whether certain property is used in a
twenty-first century business technology; specifying procedure for
protest and appeal of determination by county assessor; requiring
the West Virginia Development Office to report to the Joint
Committee on Government and Finance on the economic impact of such
valuation beginning in 2014;
consisting of the West Virginia
Twenty-First Century Tax Credit Act and, as to such act, providing
short title, setting forth purpose and legislative findings;
defining terms; allowing credit and exemption from certain taxes; providing for computation of credit, application of credit and
period for which credit is allowed; requiring application to claim
credit; requiring that new jobs be good-paying jobs with health
benefits; requiring identification of investment credit property
and recomputation of credit in event of premature disposition of
investment property; providing for forfeiture of unused tax credits
and redetermination of credit allowed; imposing recapture tax under
specified circumstances; allowing transfer of qualified investment
to successors; providing rules for interpretation and construction
of act; providing for tax credit review and accountability;
specifying effective date; and providing severability clause.
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. 493), 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. 498, Amending civil definition of "neglect".
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 498 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §9-6-1 of
the Code of West Virginia, 1931, as amended, relating to amending
the civil definition of "neglect" by making it congruent with the
definition of "criminal neglect"; and providing a definition for
"caregiver".
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
Senator Prezioso, from the Committee on Health and Human
Resources, submitted the following report, which was received:
Your Committee on Health and Human Resources has had under
consideration
Senate Bill No. 514, Clarifying certain language in Controlled
Substances Monitoring Act.
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 the Judiciary.
Respectfully submitted,
Roman W. Prezioso, Jr.,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
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 and Plymale:
Senate Bill No. 551--A Bill to amend and reenact §10-5-5a of
the Code of West Virginia, 1931, as amended, relating to abolishing
the Advisory Committee on Journalistic and Editorial Integrity.
Referred to the Committee on Government Organization.
By Senators Prezioso, Palumbo, Edgell, Foster, Kessler,
Minard, Unger, Williams, Boley, Deem, Guills, Snyder, Jenkins,
Plymale, Laird and Stollings:
Senate Bill No. 552--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §49-6F-1, §49-6F-2, §49-6F-3, §49-6F-4, §49-6F-5, §49-
6F-6, §49-6F-7, §49-6F-8 and §49-6F-9, all relating to establishing
the Office of Child Advocacy; defining terms; providing powers and
duties of the Office of Child Advocacy; providing qualifications,
term of office and salary of the director; granting authority for
the director to hire staff; providing the director and staff of the
Office of Child Advocacy to investigate and monitor the Division of
Child Protective Services and Division of Corrections; authorizing access to Child Protective Services' and certain Division of
Corrections' records and information; allowing communication with
children involved in Child Protective Services' investigations and
in the custody of the Division of Corrections; providing for
confidentiality of information; granting immunity from liability in
certain circumstances; and establishing sunset provision.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Foster, White, Browning and Plymale:
Senate Bill No. 553--A Bill to amend and reenact §18-7D-6 of
the Code of West Virginia, 1931, as amended, relating to the State
Teachers Retirement System; and extending the time for certain
members to purchase additional service credit for service in the
Teachers' Defined Contribution Retirement System.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Laird and Kessler:
Senate Bill No. 554--A Bill to amend and reenact §30-29-1,
§30-29-2, §30-29-3 and §30-29-5 of the Code of West Virginia, 1931,
as amended; and to amend said code by adding thereto a new section,
designated §30-29-11, all relating to law-enforcement certification
generally; expanding the responsibilities of the law-enforcement
training subcommittee and renaming it the law-enforcement
professional standards subcommittee; clarifying the authority to decertify law-enforcement officers; establishing a database of law-
enforcement officers disciplined for certain types of misconduct;
requesting the proposal of legislative rules to set standards for
law-enforcement agencies to report certain types of misconduct by
officers to the database; and requiring that law-enforcement
agencies check the database prior to hiring an officer.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Sypolt, Barnes, Browning, D. Facemire and
Williams:
Senate Bill No. 555--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §47-26-1, §47-26-2, §47-26-3, §47-26-4, §47-26-5 and
§47-26-6, all relating to creating the West Virginia Firearms
Freedom Act; exempting firearms, a firearm accessory or ammunition
manufactured and retained in West Virginia from federal regulation
under the Commerce Clause of the Constitution of the United States;
providing short title; legislative declarations of authority;
providing definitions; prohibitions; exceptions; and marketing of
firearms.
Referred to the Committee on the Judiciary.
By Senators Kessler, Snyder, Williams, Minard and Plymale:
Senate Bill No. 556--A Bill to amend and reenact §3-1-31, §3-
1-34 and §3-1-50 of the Code of West Virginia, 1931, as amended; and to amend and reenact §8-5-14 of said code, all relating to
elections; hours of municipal elections and notice of changes;
voting procedures; and administrative complaint procedures.
Referred to the Committee on Government Organization; and then
to the Committee on the Judiciary.
By Senators Kessler, Oliverio, D. Facemire, Minard, Unger,
Plymale and Foster:
Senate Bill No. 557--A Bill to amend and reenact §3-10-5 of
the Code of West Virginia, 1931, as amended, relating to
clarification of the procedures for vacancies in the state
Legislature.
Referred to the Committee on the Judiciary.
By Senators Minard, D. Facemire and Oliverio:
Senate Bill No. 558--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §6-3A-1, §6-3A-2 and §6-3A-3, all relating to
neighborhood crime watch programs; creation of the organization;
purpose of the program; criminal penalties for harassing members of
the program; and procedures for maintaining the anonymity of
members of this group and others that report crimes.
Referred to the Committee on the Judiciary.
By Senators Unger and Kessler:
Senate Bill No. 559--A Bill to amend and reenact §17C-19-3 of
the Code of West Virginia, 1931, as amended, relating to parties, procedure upon arrest in criminal cases; and providing that when a
person is arrested for driving with a revoked or suspended drivers
license for miscellaneous reasons, the arresting officer may issue
a charge by citation in lieu of being taken immediately before a
magistrate or judge if a magistrate or judge is not reasonably
available.
Referred to the Committee on the Judiciary.
By Senators Foster, White, Unger and Kessler:
Senate Bill No. 560--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §5-10-22k; and to amend said code by adding thereto a
new section, designated §18-7A-26v, all relating to the Public
Employees Retirement System and the State Teachers Retirement
System; and providing for a one-time bonus of $600 for certain
annuitants.
Referred to the Committee on Pensions; and then to the
Committee on Finance.
By Senators Barnes, Hall and Sypolt:
Senate Bill No. 561--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new section,
designated §8-13C-5a, relating to establishing the method that
municipalities shall calculate their business and occupation tax on
gasoline distributers and dealers.
Referred to the Committee on Government Organization; and then to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 562--A Bill to amend and reenact §5A-3-48 and
§5A-3-52 of the Code of West Virginia, 1931, as amended, all
relating to the control of the state's motor vehicle and aircraft
fleet by the Department of Administration; allowing user fees for
use of the motor vehicles and aircraft; and clarifying certain
agencies are not exempt from aircraft user fees.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senator Bowman:
Senate Bill No. 563--A Bill to amend and reenact §5A-8-15 of
the Code of West Virginia, 1931, as amended, relating to merging
the functions of the Records Management and Preservation Advisory
Committee with the Records Management and Preservation Board.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 564--A Bill to amend and reenact §30-25-4 and
§30-25-7 of the Code of West Virginia, 1931, as amended; and to
amend said code by adding thereto a new section, designated §30-25-
7a, all relating to requiring applicants for, and current holders
of, licenses as nursing home administrators to successfully pass
criminal history record checks; granting the Nursing Home
Administrators Licensing Board with the authority to perform the criminal history record checks; requiring the applicants for, and
current holders of, those licenses to cover the costs of performing
the criminal history record checks; and providing rule-making
authority.
Referred to the Committee on Health and Human Resources.
By Senator Bowman:
Senate Bill No. 565--A Bill to amend and reenact §30-1-12 of
the Code of West Virginia, 1931, as amended, relating to requiring
state boards of examination or registration to maintain a permanent
public office space to conduct board business.
Referred to the Committee on Government Organization; and then
to the Committee on Finance.
By Senators Laird, Kessler, Oliverio, Unger, White, Plymale,
Stollings and Foster:
Senate Bill No. 566--A Bill to amend and reenact §62-11A-1a of
the Code of West Virginia, 1931, as amended, relating to criminal
procedure; and allowing certain offenders to participate in a
community work program in lieu of the payment of any fines or court
costs.
Referred to the Committee on the Judiciary.
By Senators Laird, White, Kessler, Green and Foster:
Senate Bill No. 567--A Bill to amend the Code of West
Virginia, 1931, as amended, by adding thereto a new article,
designated §20-16-1, §20-16-2, §20-16-3, §20-16-4, §20-16-5, §20-16-6, §20-16-7 and §20-16-8, all relating to responsibility and
liability of nonprofit youth organizations, participants and
providers in adventure or recreational activities.
Referred to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 568--A Bill to amend and reenact §10-5-2a of
the Code of West Virginia, 1931, as amended, relating to abolishing
the Distance Learning Coordinating Council.
Referred to the Committee on Government Organization.
By Senators Foster, White and Kessler:
Senate Bill No. 569--A Bill to amend and reenact §21A-5-7 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §21A-6-1 and §21A-6-3 of said code, all relating to
permitting certain part-time employees to be eligible for
unemployment compensation benefits; permitting employees who have
left employment due to being victims of domestic violence, sexual
assault or stalking to be eligible for unemployment compensation
benefits; permitting employees who have left employment to care for
disabled or ill immediate family members to be eligible for
unemployment compensation benefits; and permitting employees who
have left employment due to the work-related transfer or relocation
of a spouse to be eligible for unemployment compensation benefits.
Referred to the Committee on Finance.
By Senators Bowman and Unger:
Senate Bill No. 570--A Bill to amend and reenact §10-1-18a of
the Code of West Virginia, 1931, as amended, relating to requiring
the State Library Commission and the State Depository Library
Clearinghouse, in consultation with the State Office of Technology,
to develop, maintain and provide public access to an electronic
system which can accommodate public state documents that are born
digital.
Referred to the Committee on Government Organization.
By Senator Bowman:
Senate Bill No. 571--A Bill to amend and reenact §10-1-18a of
the Code of West Virginia, 1931, as amended, relating to a state
agency's obligation to submit public documents to the state
publications clearinghouse; and clarifying that any document
created or published by a state agency in an electronic or digital
format is a "public document".
Referred to the Committee on Government Organization.
By Senators Prezioso, Stollings, Foster, McCabe, Unger,
Minard, Jenkins, Plymale and Kessler:
Senate Bill No. 572--A Bill to amend and reenact §5-16B-6d of
the Code of West Virginia, 1931, as amended, relating to granting
authority to the board of the Children's Health Insurance Program
to establish eligibility criteria for coverage for children who
previously had insurance under an employer-sponsored plan.
Referred to the Committee on Health and Human Resources; and then to the Committee on Finance.
The Senate proceeded to the seventh order of business.
Senate Resolution No. 21, Honoring Donald Spence for
dedication to education.
On unfinished business, coming up in regular order, was
reported by the Clerk.
At the request of Senator Chafin, unanimous consent being
granted, the resolution was laid over one day, retaining its place
on the calendar.
The Senate proceeded to the ninth order of business.
Com. Sub. for Senate Bill No. 38, Creating WV Servicemembers
Civil Relief Act.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Com. Sub. for Senate Bill No. 218, Providing for early parole
eligibility for certain inmates.
On second reading, coming up in regular order, was reported by
the Clerk.
At the request of Senator Kessler, unanimous consent being
granted, further consideration of the bill was deferred until the
conclusion of bills on today's second reading calendar.
Com. Sub. for Com. Sub. for Senate Bill No. 236, Creating
Aquaculture Development Act.
On second reading, coming up in regular order, was read a second time and ordered to engrossment and third reading.
Senate Bill No. 391, Relating to county board of education
members' eligibility.
On second reading, coming up in regular order, was read a
second time.
On motions of Senators Edgell and Plymale, the following
amendments to the bill were reported by the Clerk, considered
simultaneously, and adopted:
On page one, section one-a, lines one and two, by striking out
the words "candidate for membership on a county board or who is a
member or member-elect" and inserting in lieu thereof the word
"member";
On page two, section one-a, line five, by striking out the
words "or seeks to serve";
On page two, section one-a, line five, after the word "board"
by inserting a period and the words "Also, a person who is a
candidate for membership on a county board or who is a member-elect
of a county board shall be a citizen and resident in the county in
which he or she seeks to serve on the county board";
And,
On page two, section one-a, line seven, by striking out the
words "or seeks to serve".
The bill (S. B. No. 391), as amended, was then ordered to
engrossment and third reading.
Com. Sub. for Senate Bill No. 397, Creating single dwelling
residential housing index and multiplier.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
Senate Bill No. 436, Updating language relating to process of
incorporation.
On second reading, coming up in regular order, was read a
second time and ordered to engrossment and third reading.
The end of today's second reading calendar having been
reached, the Senate returned to the consideration of
Com. Sub. for Senate Bill No. 218, Providing for early parole
eligibility for certain inmates
.
On second reading, coming up in deferred order, was read a
second time.
On motion of Senator Kessler, the following amendment to the
bill was reported by the Clerk and adopted:
On page three, section thirteen, line twenty-two, after the
word "person" by inserting a comma and the words "a felony offense
involving the use of a firearm".
The bill (Com. Sub. for S. B. No. 218), as amended, was then
ordered to engrossment and third reading.
The Senate proceeded to the tenth order of business.
Com. Sub. for Senate Bill No. 89, Relating to reinstating
former police chiefs or deputy chiefs to previously held positions.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Com. Sub. for Senate Bill No. 354, Updating terms and
reporting procedures for traffic crashes.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
Senate Bill No. 382, Relating to certain oil and gas drilling
geologic reports.
On first reading, coming up in regular order, was read a first
time and ordered to second reading.
The Senate proceeded to the twelfth order of business.
Remarks were made by Senators Chafin and Palumbo.
Thereafter, at the request of Senator Bowman, and by unanimous
consent, the remarks by Senator Chafin were ordered printed in the
Appendix to the Journal.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Foster, unanimous consent being
granted, it was ordered that the Journal show had Senator Foster
been present in the chamber on yesterday, Thursday, February 11,
2010, he would have voted "yea" on the passage of Engrossed Senate
Bill No. 350 and Engrossed Senate Bill No. 405.
At the request of Senator Chafin, and by unanimous consent,
the Senate stood in observance of a moment of silence in
recognition of the passing of Shearl H. Plymale, father of the Honorable Robert H. Plymale, a senator from the fifth district.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
Monday, February 15, 2010, at 11 a.m.
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