sdj-35th day
WEST VIRGINIA LEGISLATURE
SENATE JOURNAL
SEVENTY-NINTH LEGISLATURE
REGULAR SESSION, 2010
THIRTY-FIFTH DAY
____________
Charleston, W. Va., Tuesday, February 16, 2010
The Senate met at 11 a.m.
(Senator Tomblin, Mr. President, in the Chair.)
Prayer was offered by Bishop Ernest Lyght, West Virginia
Conference of the United Methodist Church, Charleston, West
Virginia.
Pending the reading of the Journal of Monday, February 15,
2010,
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.
The Senate then proceeded to the third order of business.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. House Bill No. 4179--A Bill to amend and reenact §21-5E-5
of the Code of West Virginia, 1931, as amended, relating to removing the termination date of the Equal Pay Commission.
Referred to the Committee on Government Organization.
A message from The Clerk of the House of Delegates announced
the passage by that body, to take effect from passage, and
requested the concurrence of the Senate in the passage of
Eng. Com. Sub. for House Bill No. 4198--A Bill to amend and
reenact §22C-7-3 of the Code of West Virginia, 1931, as amended,
relating to extending the expired term of a member the Oil and Gas
Inspectors' Examining Board until the member's successor is
appointed and qualified.
Referred to the Committee on Energy, Industry and Mining; and
then to the Committee on Government Organization.
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. 4248--A Bill to amend and
reenact §29-19-2, §29-19-5 and §29-19-6 of the Code of West
Virginia, 1931, as amended, all relating to the solicitation of
charitable funds; defining the terms "audit" and "financial
review"; including other methods of communications in the
definition of the term "solicitation"; raising the threshold for
exemption from filing audits and registering; and requiring
financial reviews for charitable organization raising between
$100,000 and $200,000 in contributions.
Referred to the Committee on the Judiciary; and then to the
Committee on Finance.
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. 4281--A Bill to repeal
§27-1A-12 of the Code of West Virginia, 1931, as amended; to repeal
§27-2-1a and §27-2-1b of said code; to amend and reenact §9-4C-1 of
said code; to amend and reenact §9-5-11c of said code; to amend and
reenact §9-6-1 of said code; to amend and reenact §11-27-10 and
§11-27-11 of said code; to amend and reenact §16-1-4 of said code;
to amend and reenact §16-2D-2 and §16-2D-5 of said code; to amend
and reenact §16-5F-2 of said code; to amend and reenact §16-5O-2 of
said code; to amend and reenact §16-22-1 and §16-22-2 of said code;
to amend and reenact §16-29A-3 of said code; to amend and reenact
§16-30-7 and §16-30-24 of said code; to amend and reenact §27-1-3,
§27-1-6, §27-1-7 and §27-1-9; to amend and reenact §27-1A-1,
§27-1A-4 and §27-1A-6 of said code; to amend and reenact §27-2-1 of
said code; to amend and reenact §27-2A-1 of said code; to amend and
reenact §27-4-1 of said code; to amend and reenact §27-5-9 of said
code; to amend and reenact §27-9-1 of said code; to amend and
reenact §27-12-1 of said code; to amend and reenact §29-15-1,
§29-15-5 and §29-15-6 of said code; to amend and reenact §44A-1-1
and §44A-1-2 of said code; and to amend and reenact §49-4A-6 of said code, all relating to updating code references relating to
intellectually disabled persons; replacing the term "mentally
retarded" with "intellectually disabled" or "individuals with an
intellectual disability"; renaming an intermediate care facility
for the mentally retarded (ICF-MR) to an intermediate care facility
for individuals with an intellectual disability (ICF-ID); altering
definitions of terms; and deleting obsolete references.
Referred 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. House Bill No. 4355--A Bill to amend and reenact §61-5-17
of the Code of West Virginia, 1931, as amended, relating to crimes
against public justice; making it a felony offense to disarm, or
attempt to disarm probation officers and parole officers; and
criminal penalties.
Referred to the Committee on the Judiciary.
The Senate 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. 105, Exempting certain real property owners
from natural resources property assessment.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 105 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §11-1A-17
of the Code of West Virginia, 1931, as amended, relating to making
permanent reassessments by county commissions finding that no
marketable coal exists remain in full force and effect for
subsequent assessments; and providing for increased assessment and
payment of interest if coal is later mined.
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. 105), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 243, Authorizing Commissioner of Agriculture
promulgate legislative rule relating to shellfish.
With an amendment from the Committee on Agriculture pending;
And reports the same back with the recommendation that it do pass as amended by the Committee on Agriculture to which the bill
was first referred; but under the original triple committee
reference first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bill, under the original triple committee reference, was
then referred to the Committee on the Judiciary, with an amendment
from the Committee on Agriculture pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 252, Authorizing Board of Barbers and
Cosmetologists promulgate legislative rule relating to schedule of
fees.
With an amendment from the Committee on Government
Organization pending;
Senate Bill No. 266, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to marriage and
family therapists' fees.
With an amendment from the Committee on Government
Organization pending;
And,
Senate Bill No. 305, Authorizing Board of Occupational Therapy promulgate legislative rule relating to fees for services rendered
by board.
With an amendment from the Committee on Government
Organization pending;
And reports the same back with the recommendation that they
each do pass as amended by the Committee on Government Organization
to which the bills were first referred; but under the original
triple committee references first be referred to the Committee on
the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary, with
amendments from the Committee on Government Organization pending.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 256, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to Teachers
Retirement System.
Senate Bill No. 257, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to PERS.
Senate Bill No. 258, Authorizing Consolidated Public Retirement Board promulgate legislative rule relating to refund,
reinstatement and loan interest factors.
Senate Bill No. 259, Authorizing Consolidated Public
Retirement Board promulgate legislative rule relating to State
Police.
Senate Bill No. 263, Authorizing Board of Examiners in
Counseling promulgate legislative rule relating to licensed
professional counselor fees.
Senate Bill No. 275, Authorizing DEP promulgate legislative
rule relating to covered electronic devices takeback program.
And,
Senate Bill No. 282, Authorizing Division of Energy promulgate
legislative rule relating to community development assessment and
real property valuation procedures for Office of Coalfield
Community Development.
And reports the same back with the recommendation that they
each do pass; but under the original triple committee references
first be referred to the Committee on the Judiciary.
Respectfully submitted,
Walt Helmick,
Chair.
The bills, under the original triple committee references,
were then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 278, Authorizing DEP promulgate legislative
rule relating to water pollution control permit fee schedules.
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,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 285, Authorizing Hatfield-McCoy Regional
Recreation Authority promulgate legislative rule relating to rules
for use of facilities.
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,
Walt Helmick,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on the Judiciary.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 321, Authorizing State Tax Department
promulgate legislative rule relating to residential solar energy
tax credit.
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,
Walt Helmick,
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 Finance pending.
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. 364, Permitting Office of Chief Medical
Examiner inspect certain controlled substances' information.
And reports back a committee substitute for same with the following title:
Com. Sub. for Senate Bill No. 364 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §60A-9-5
of the Code of West Virginia, 1931, as amended, relating to
permitting duly authorized agents of the Office of the Chief
Medical Examiner to inspect certain confidential information
concerning controlled substances that is required to be kept by the
State Board of Pharmacy.
With the recommendation that the committee substitute do pass.
Respectfully submitted,
Jeffrey V. Kessler,
Chair.
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. 368, Authorizing excess Courtesy Patrol funds
be transferred to Tourism Promotion Fund.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 368 (originating in the
Committee on Transportation and Infrastructure)--A Bill
to amend
and reenact §5B-2-12 of the Code of West Virginia, 1931, as
amended, relating to moneys deposited in Tourism Promotion Fund; and authorizing excess funds in the Courtesy Patrol Fund to be
transferred back to the Tourism Promotion Fund
.
Without recommendation as to passage; 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. 368), under the original
double committee reference, was then referred to the Committee on
Finance.
Senator Helmick, from the Committee on Finance, submitted the
following report, which was received:
Your Committee on Finance has had under consideration
Senate Bill No. 414, Authorizing Lottery Commission promulgate
legislative rule relating to limited gaming facilities.
Senate Bill No. 418, Authorizing State Tax Department
promulgate legislative rule relating to film industry investment
tax credit.
And,
Senate Bill No. 419, Authorizing State Tax Department
promulgate legislative rule relating to corporation net income tax.
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,
Walt Helmick,
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. 422, Limiting liability for nonhealth care
provider defibrillator users.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 422 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §16-4D-4
of the Code of West Virginia, 1931, as amended, relating to
limiting liability for anticipated automatic external defibrillator
users who are not health care providers.
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. 489, Determining status of recycling goals.
And reports back a committee substitute for same with the
following title:
Com. Sub. for Senate Bill No. 489 (originating in the
Committee on the Judiciary)--A Bill
to amend and reenact §22-15A-16
of the Code of West Virginia, 1931, as amended, relating to setting
recycling goals; conducting a one-time study to determine the
recycling rate in West Virginia; requiring the submission of
recycling data; and initiating a one-time award program to
recognize certain recycling leaders.
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. 489), under the original
double committee reference, was then referred to the Committee on
Finance.
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. 505, Updating Logging Sediment Control Act.
And,
Senate Bill No. 510, Extending DNR license and stamp fees
sunset provision.
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 Finance.
Respectfully submitted,
John Pat Fanning,
Chair.
The bills, under the original double committee references,
were then referred to the Committee on Finance.
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. 511, Relating to tagging and checking beaver
pelts.
And,
Senate Bill No. 512, Increasing game trap markings.
And reports the same back with the recommendation that they
each do pass.
Respectfully submitted,
John Pat Fanning,
Chair.
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. 527, Requiring State Rail Authority establish
transportation and local rail service plan.
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,
John R. Unger II,
Chair.
The bill, under the original double committee reference, was
then referred to the Committee on Finance.
Senator Unger, from the Committee on Transportation and
Infrastructure, submitted the following report, which was received:
Your Committee on Transportation and Infrastructure has had
under consideration
Senate Concurrent Resolution No. 21, Requesting DOH name
bridge in Kanawha County "Private First Class Charles M. Conner
Memorial Bridge".
Senate Concurrent Resolution No. 24, Requesting DOH name
bridge in Boone County "Private First Class Edward C. Miller Memorial Bridge".
Senate Concurrent Resolution No. 25, Requesting DOH name
bridge in Wayne County "Master Sergeant Ernie Wallace Memorial
Bridge".
And,
Senate Concurrent Resolution No. 26, Requesting DOH name
bridge in Kanawha County "Private First Class Vernon L. Dillard
Memorial Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
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
House Concurrent Resolution No. 2, The "Sergeant Billy W.
Rapp, U.S. Army Memorial Bridge".
House Concurrent Resolution No. 11, Requesting the Division of
Highways erect two signs on I-79 when entering Marion County
honoring two West Virginia football legends, Sam Huff and Frank
"Gunner" Gatski.
And,
House Concurrent Resolution No. 17, The "Freda Bell Bridge".
And reports the same back with the recommendation that they
each be adopted.
Respectfully submitted,
John R. Unger II,
Chair.
The Senate proceeded to the sixth order of business.
On motions for leave, severally made, the following bills were
introduced, read by their titles, and referred to the appropriate
committees:
By Senators Bowman and Chafin:
Senate Bill No. 583--A Bill to amend and reenact §5A-6-4 of
the Code of West Virginia, 1931, as amended, relating to the Office
of Technology; and changing references to the Information Services
and Communications Division to reflect the division's consolidation
into the Office of Technology.
Referred to the Committee on Government Organization.
By Senators Bowman and Chafin:
Senate Bill No. 584--A Bill to amend and reenact §30-7B-4 of
the Code of West Virginia, 1931, as amended, relating to the West
Virginia Center for Nursing; detailing the center's data collection
responsibilities and establishing that data submitted to the center
is confidential; and deleting a statutory provision regarding
establishment of a loan repayment program.
Referred to the Committee on Government Organization.
By Senators Kessler, Chafin and Minard:
Senate Bill No. 585--A Bill to amend and reenact §38-12-1 and
§38-12-8 of the Code of West Virginia, 1931, as amended, all
relating to requiring lienholders to record a release in the county
clerk's office within sixty days after the lien has been satisfied;
and requiring that liens be removed from record upon satisfaction.
Referred to the Committee on Banking and Insurance; and then
to the Committee on the Judiciary.
By Senator Bowman:
Senate Bill No. 586--A Bill to amend and reenact §18-2E-5 of
the Code of West Virginia, 1931, as amended; and to amend and
reenact §18-5-16 of said code, all relating to high quality
educational programs; student transfers; mandating procedure as to
when parents should be notified of school choice options by county
school boards; and providing methods of notification.
Referred to the Committee on Education; and then to the
Committee on Finance.
By Senator Bowman:
Senate Bill No. 587--A Bill to repeal §30-26-4 of the Code of
West Virginia, 1931, as amended; and to amend and reenact §30-26-3
of said code, relating to the Board of Hearing-Aid Dealers;
removing the statutory per diem salary granted to board members;
and removing the requirement that the Department of Health and Human Resources provide administrative assistance to the board.
Referred to the Committee on Government Organization.
By Senators Helmick, Tomblin (Mr. President), Plymale, Unger,
Chafin, Oliverio and Stollings:
Senate Bill No. 588--A Bill to repeal §18B-12-5 of the Code of
West Virginia, 1931, as amended; to amend and reenact §5-6-4a of
said code; to amend and reenact §12-1-12d of said code; to amend
and reenact §18B-1-6 of said code; to amend and reenact §18B-1B-4
of said code; to amend and reenact §18B-2A-3, §18B-2A-4 and §18B-
2A-8 of said code; to amend and reenact §18B-3-3 and §18B-3-4 of
said code; to amend and reenact §18B-5-9 of said code; to amend and
reenact §18B-10-1 of said code; and to amend and reenact §18B-12-1,
§18B-12-2, §18B-12-3 and §18B-12-6 of said code, all relating to
public higher education governance; reviewing certain real property
contracts; repealing sunset provision for pilot investment program
for Marshall University and West Virginia University; specifying
certain powers and duties of commission, council and governing
boards; specifying and clarifying rule-making procedures; providing
for review and approval of certain academic programs, operating and
capital budgets; providing a procedure to extend certain powers and
duties to certain state institutions of higher education;
requesting a study to examine feasibility of extending certain
purchasing authority to certain state institutions of higher
education; providing for review and approval of governing boards' requests for tuition and fee increases; authorizing research and
development agreements between governing boards of state
institutions of higher education and certain corporations;
providing legislative findings and purpose; providing certain
definitions; setting forth essential criteria for certain
corporations; specifying corporation membership, organization and
financial requirements; and conforming certain corporation
reporting provisions to federal law.
Referred to the Committee on Education; and then to the
Committee on Finance.
Senators Laird, Jenkins, Unger, Chafin, Oliverio, Williams,
Yost, Minard, Kessler, Foster, Stollings, McCabe and Prezioso
offered the following resolution:
Senate Resolution No. 25--Designating February 16, 2010, as
"Corrections Day".
Whereas, The adult correctional population continues to expand
and it is important for agency representatives and policy-makers to
appreciate the nature and magnitude of the growth; and
Whereas, West Virginia was ranked 34th in the nation in 2007,
with an incarceration rate of 333 per 100,000 residents, and
between 2000 and 2006, West Virginia had the fastest growing prison
population in the nation; and
Whereas, Commitments to the Division of Corrections grew by
21.9% in 2007, resulting in 3,449 new inmates, and parole violators comprised 14% of all new commitments in 2007; and
Whereas, In 2007, only 4.9% of all parole violators were
returning due to the commission of a new crime, and in 2006, 75.9%
of new admissions were for nonviolent offenses; and
Whereas, As of December 2007, West Virginia's correctional
population was almost two and one-half times its size in 1995. In
2007, property offenders comprised the largest group of inmates
confined in the total prison population at 19.2% and between 2000
and 2004, 37.1% of inmates were released on parole compared to
51.5% between 2005 and 2007, so over half (54.8%) of all inmates
released in 2007 were granted parole. Therefore, the parole grant
rates increased by 9.0% between 2006 and 2007; and
Whereas, West Virginia's correctional population is forecasted
to increase at an average annual growth rate of 5.6% over the next
decade and according to the forecast, the Division of Corrections
can expect to receive approximately 430 additional inmates per
year. Therefore, the correctional population is expected to reach
8,530 inmates in 2012 and 10,304 in 2017; and
Whereas, The information provided in this resolution will
assist public officials and agency representatives in planning for
the future and developing policies for the management of the West
Virginia correctional population as well as providing adequate pay,
benefits, and a safe secure workplace for the employees in the
correctional system; therefore, be it
Resolved by the Senate:
That the Senate hereby designates February 16, 2010, as
"Corrections Day"; and, be it
Further Resolved, That the Senate hereby recognizes the
exceptional service and commitment of the employees of the Division
of Corrections; and, be it
Further Resolved, That the Clerk is hereby directed to forward
a copy of this resolution to the appropriate officials of the
Division of Corrections.
At the request of Senator Chafin, 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 Oliverio, Jenkins, Unger, Chafin, Williams, Yost,
Minard, Kessler, Foster, Stollings, McCabe and Prezioso offered the
following resolution:
Senate Resolution No. 26--
Designating February 16, 2010, as
"West Virginia Human Resources Day".
Whereas, Human resources, also known as the people managers,
refers to how employees are managed from small businesses and
municipalities to large corporations and national governments; and
Whereas, Traditionally, human resources dealt with the part of
an organization or company that was responsible for hiring, firing,
training and other personnel issues; and
Whereas, Today, human resources encompasses a vast area of
diverse and dynamic issues that affect the everyday lives of our
workforce; and
Whereas, In an effort to enhance morale and productivity,
limit job turnover, and help organizations increase performance and
improve results, human resource workers also help their companies
or organizations effectively use employee skills, provide training
and development opportunities to improve those skills and increase
employees' satisfaction with their jobs and working conditions; and
Whereas, Especially in today's economy, human resources has
become increasingly difficult as companies and organizations have
instituted cost-cutting measures requiring human resources workers
to play a vital role in tackling these issues sensibly and
responsibly for their company and employees; and
Whereas, The West Virginia Senate believes that the diligent
people that work tirelessly in the area of human resources should
be acknowledged and honored; therefore, be it
Resolved by the Senate:
That the Senate designates February 16, 2010, as "West
Virginia Human Resources Day"; and, be it
Further Resolved, That the Clerk is hereby directed to forward a copy of this resolution to the appropriate representatives of
West Virginia Human Resources Day.
At the request of Senator Chafin, 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
proceeded to the seventh order of business.
Senate Concurrent Resolution No. 28, Expressing will of
Legislature opposing Medicare Sustainable Growth Rate.
On unfinished business, coming up in regular order, was
reported by the Clerk and referred to the Committee on Health and
Human Resources.
Senate Concurrent Resolution No. 29, Requesting DOH name
bridge at Cyrus Creek Road, Cabell County, "Glenn Holton 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 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 eighth order of business.
Eng. Com. Sub. for Senate Bill No. 89, Relating to reinstating
former police chiefs or deputy chiefs to previously held positions.
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, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 89) passed with its title.
Ordered, That The Clerk communicate to the House of Delegates
the action of the Senate and request concurrence therein.
Eng. Com. Sub. for Senate Bill No. 354, Updating terms and
reporting procedures for traffic crashes.
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, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 354) 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. 382, Relating to certain oil and gas
drilling geologic reports.
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, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 382) 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. 391, Relating to county board of
education members' eligibility.
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, Prezioso, Snyder,
Stollings, Sypolt, Unger, Wells, White, Williams, Yost and Tomblin
(Mr. President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 391) passed.
At the request of Senator Wells, as vice chair of the
Committee on Education, the unreported Education committee amendment to the title of the bill was withdrawn.
On motions of Senators Edgell and Plymale, the following
amendment to the title of the bill was reported by the Clerk and
adopted:
Eng. Senate Bill No. 391--A Bill
to amend and reenact §18-5-1a
of the Code of West Virginia, 1931, as amended, relating to county
boards of education; modifying eligibility requirements for a
candidate for membership on a board and for a member-elect of a
board; and making technical corrections.
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, Prezioso, Snyder, Stollings,
Sypolt, Unger, Wells, White, Williams, Yost and Tomblin (Mr.
President)--32.
The nays were: None.
Absent: Caruth and Plymale--2.
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. 391) 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. 372, Updating language in WV Medical Practice
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. 498, Amending civil definitions
of "neglect" and "caregiver".
On second reading, coming up in regular order, was reported by
the Clerk.
On motion of Senator Kessler, the bill was rereferred to the
Committee on the Judiciary.
The Senate proceeded to the thirteenth order of business.
At the request of Senator Unger, the name of Senator Unger was
removed as a sponsor of Senate Bill No. 252 (Authorizing Board of
Barbers and Cosmetologists promulgate legislative rule relating to
schedule of fees), Senate Bill No. 263 (Authorizing Board of
Examiners in Counseling promulgate legislative rule relating to
licensed professional counselor fees), Senate Bill No. 266
(Authorizing Board of Examiners in Counseling promulgate
legislative rule relating to marriage and family therapists' fees),
Senate Bill No. 278 (Authorizing DEP promulgate legislative rule
relating to water pollution control permit fee schedules), Senate
Bill No. 287 (Authorizing DHHR promulgate legislative rule relating
to fees for services), Senate Bill No. 298 (Authorizing Board of
Medicine promulgate legislative rule relating to fees for services rendered by board, including assistance to board-designated
physician health program for physicians, podiatrists and physician
assistants), Senate Bill No. 300 (Authorizing DMV promulgate
legislative rule relating to collection of tax on sale of vehicle),
Senate Bill No. 305 (Authorizing Board of Occupational Therapy
promulgate legislative rule relating to fees for services rendered
by board), Senate Bill No. 311 (Authorizing Board of Osteopathy
promulgate legislative rule relating to fees for services rendered
by board) and Senate Bill No. 320 (Authorizing State Tax Department
promulgate legislative rule relating to Consumers Sales and Service
Tax and Use Tax--drugs, durable medical goods, mobility-enhancing
equipment and prosthetic devices per se exemption; and motor
vehicles per se exemption).
On motion of Senator Chafin, leaves of absence for the day
were granted Senators Caruth and Plymale.
Pending announcement of meetings of standing committees of the
Senate,
On motion of Senator Chafin, the Senate adjourned until
tomorrow, Wednesday, February 17, 2010, at 11 a.m.
____________
Webmaster | © 2024 West Virginia Legislature **
